On June 1, 2021, the U.S. Court of Appeals for the D.C. Circuit overturned a NLRB determination that a manager’s incorrect blaming of a union for discrepancies in an employee’s paid-leave time constituted an unfair labor practice.
Continue Reading D.C. Circuit Clarifies Boundaries of Protected Employer Expressions
Environmental, social and corporate governance – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.
Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?
As California continues to advance its reopening efforts, the state’s retailers are grappling with rapid changes to the law surrounding their operations and the management of their workforce during the COVID-19 pandemic.
Continue Reading California Passes New COVID-19 Sick Leave Requirements for 2021
For over 30 years, most district courts throughout the country have used a two-step conditional certification process to govern certification of collective actions under the Fair Labor Standards Act. But in a recent and game-changing opinion, the Fifth Circuit rejected that two-step process and laid out a stricter framework for FLSA collective actions.
Continue Reading Fifth Circuit Rejects Two-Step FLSA Certification Process
This is an extraordinary and unprecedented time for the retail industry. Our 2020 Retail Industry Year in Review provides an in-depth analysis of the issues and challenges that retailers faced in the past year, and a look ahead at what they can expect in 2021.
Continue Reading 2020 Retail Industry Year in Review
On November 26, 2020, the French Data Protection Authority announced that it imposed a fine of €2.25 million on Carrefour France and a fine of €800,000 on Carrefour Banque for various violations of the EU General Data Protection Regulation and Article 82 of the French Data Protection Act governing the use of cookies.
Continue Reading CNIL Fines Two Companies of the Carrefour Group €3.05 Million for GDPR and Cookie Violations
Only a few states have issued guidance on the sales tax treatment of digital currency transactions. On November 2, 2020, Kansas joined this group, with Notice 20-04, Sales Tax Requirements Concerning Digital Currency Under the Retailers’ Sales and Compensating Tax Acts, issued by the Kansas Department of Revenue.
Continue Reading Kansas Issues Sales Tax Guidance on Digital Currency
Under the Toxic Substances Control Act, EPA imposes numerous regulatory obligations on the domestic manufacturer and importer of industrial chemicals. If your company engages in either of these activities, you may have imminent reporting obligations under the TSCA Chemical Data Reporting rule.
Continue Reading Chemical Manufacturers and Importers Take Note: TSCA Chemical Data Reporting Rule Submissions on Production, Distribution, and Usage Data are due to U.S. EPA by November 30, 2020
In a resounding victory for policyholders, a North Carolina court ruled that “all-risk” property insurance policies cover the business-interruption losses suffered by 16 restaurants during the COVID-19 pandemic.
Continue Reading First Judgment Upholding Coverage for COVID-19 Business-Interruption Losses
In-house lawyers know that an email is not automatically cloaked in privilege just because a lawyer receives it. But when exactly are communications and information privileged, and when are they not? Are there risks for inadvertent waivers that an in-house lawyer might not be thinking about? And could remote work affect privilege? This article outlines what an in-house lawyer should know about the attorney-client privilege and work-product doctrine and the top four things that in-house lawyers should communicate to clients about protecting privilege.
Continue Reading It’s a Privilege, Not a Right: Best Practices for the In-House Lawyer