Alert

May 18, 2015

Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty

By Tom Wert, Board Certified Specialist – Construction Law Recently, a Florida appellate court weighed in on the kind of evidence necessary to prove loss of use damages on a construction project as a result of delays caused by an architect’s defec...

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May 15, 2015

Identity Theft through Breach of Third-Party Vendor Systems on the Rise

Many companies outsource portions of their business activity to outside vendors, including tasks such as payroll, mail-order or online purchasing, credit card processing, and a multitude of other functions. However, third-party vendors are an increas...

 Alert

May 06, 2015

FAA Launches Commercial Drone "Pathfinder" Program

In our February 16, 2015 client alert titled “FAA Proposes New Rules on Commercial Drones,” we noted that the Federal Aviation Administration (the “FAA”) had proposed rules requiring, among other things, that all commercial drones must fly within t...

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May 04, 2015

TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers

A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...

 Article

April 28, 2015

Building a House of Bricks: How to Build the Strongest Cyber Security Program

A brick house in today’s business environment is a strong and robust cybersecurity program. From direct deposits and online shopping to phishing and identify theft, the benefits and risks from increasing reliance on electronics and technology add ano...

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April 22, 2015

Equal Employment Opportunity Commission Issues Proposed Regulations on Wellness Programs and the Americans with Disabilities Act

Corporate wellness programs, which typically use financial or other incentives to encourage workers to participate in wellness programs, have surged in popularity over the last several years, spurred on by companies seeking ways to lower healthcare c...

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April 21, 2015

Department of Labor Proposed Fiduciary Rule Revises and Updates the Regulation of Investment Advice to Plans and IRAs

By David C. Strosnider On April 14, 2015, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“Notice”) that, if adopted, would have a significant impact on persons who provide “investment advice” to an employee benefit plan (“...

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April 08, 2015

FDIC Promotes a Risk-Based Approach for Banks

The FDIC recently provided guidance that encouraged financial institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers, without regar...

 Article

April 06, 2015

US EPA Escapes Sanctions But Incurs Judge's Wrath for Deficient FOIA Responses

 Article

April 2015

Trust Protectors: 4th DCA Issues Decision

 Alert

April 01, 2015

President Obama Vetoes Senate Attempt to Kill New "Ambush Election" Rule

On Tuesday, President Barack Obama used just the fourth veto of his presidency to block a Senate joint resolution that would have killed the new National Labor Relations Board’s “Ambush Elections” rule providing for, among other things, speedier unio...

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March 25, 2015

Pregnancy Discrimination Case against UPS is Revived

The U.S. Supreme Court issued a decision today that revived a female driver’s case against UPS which alleged that the company violated the Pregnancy Discrimination Act when it failed to offer light duty work to her after her physician advised her tha...

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March 16, 2015

FINAL COUNTDOWN…Less than One Month to Prepare for Ambush Elections

The most significant changes to federal labor law in the past 50 years are set to take effect on April 14, 2015. President Obama has promised to veto any attempt by Congress to stop it, and Congress does not have enough votes to override the veto. Al...

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March 12, 2015

Cuyahoga County Judge Strikes Down Workers' Comp Statute as Unconstitutional, Hinders Employers Challenging Claims in Court

The Cuyahoga County Court of Common Pleas recently made it more difficult for Ohio employers to challenge workers’ compensation claims in court. In Shannon Ferguson v. State of Ohio, the court ruled the Ohio statute prohibiting a claimant from volu...

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March 10, 2015

Foreign Corrupt Practices Act: FBI Increasing Resources to Fight Corruption

Department of Justice (DOJ) officials at the ABA White Collar Conference last week in New Orleans confirmed DOJ’s expanding commitment to investigating and prosecuting violations of the Foreign Corrupt Practices Act. Officials announced that the FBI...

 Article

March 10, 2015

Executive Compensation in the Tax-Exempt World: A Review of Applicable Tax Laws

Whether nonprofit organizations provide charity, education or health care, entities that are organized and operated under Section 501(c)(3) of the Internal Revenue Code must be mindful of specific tax rules that do not apply to private or public comp...

 Alert

March 06, 2015

Cyber Preparedness: Corporate Boards and Officers Need to Manage the Risk of Cyber Attacks

In the now infamous hack of Sony’s computer systems in the fall of 2014, investigators estimated that nearly 100 terabytes of data were stolen. Sony joined a crowd of other well-known cyber attack victims like JPMorgan Chase and Home Depot, both of w...

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March 02, 2015

International Law Enforcement Efforts Demonstrate Success in Australian Foreign Bribery Arrests

A coalition of international law enforcement investigators continues to employ anti-bribery statutes to combat fraud by individuals with ties to terrorist groups. After a series of raids in Sydney, Australia, last week, the Australian Federal Poli...

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February 26, 2015

U.S. Supreme Court Says State Professional Boards may be Subject to Federal Antitrust Laws

On February 25, 2015, the U. S. Supreme Court held that a state professional board controlled by “active market participants” was not protected from antitrust scrutiny by the “state-action immunity” doctrine, and upheld the Federal Trade Commission’s...

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February 25, 2015

Department of Labor Finalizes Rule to Extend FMLA Protections to Same-Sex Married Couples

The United States Department of Labor today announced the finalization of a rule to extend the Family Medical Leave Act’s protections to married, same-sex couples regardless of whether the state in which they reside recognizes same-sex marriage. The...