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In the retail industry, staff shortages caused by COVID-19 exposure and positive cases can significantly disrupt business operations, particularly during this time of unprecedented turnover and resignations in the retail labor market.  During this latest surge in COVID-19 cases, retail employers should be aware of recent changes in federal, state, and local guidance related to COVID-19 isolation and quarantine requirements.…
Continue Reading California Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own Twists

In a major win for retailers operating in the commonwealth of Massachusetts, the Massachusetts highest court determined, among other things, that the so-called ABC independent contractor test is not the correct metric to determine join employer status.…
Continue Reading Massachusetts High Court Rules “ABC” Test Is Inapplicable To Joint Employer Status

With the busy holiday shopping season underway, retailers should remain vigilant in their efforts to protect consumers and themselves from the risks of selling potentially unsafe, ineffective or misbranded products in violation of the U.S. Environmental Protection Agency’s federal pesticide law, the Federal Insecticide, Fungicide and Rodenticide Act.…
Continue Reading Five Questions Retailers Should Ask Themselves When Selling Pesticide Products and Devices

On September 22, 2021, the Division of Corporation Finance of the Securities and Exchange Commission issued a sample comment letter to highlight its increased focus on climate change-related disclosures or the absence of such disclosures in issuer filings under the Securities Act and the Exchange Act.…
Continue Reading SEC Issues Sample Climate Change Comment Letter

In a dramatic recent announcement, EPA suggested that if companies import, manufacture, or process a finished good for commercial sale, and that product is not a pesticide, not a firearm, not a tobacco product, and not a food, food additive, drug, cosmetic, or device, they will need to know all chemicals contained in those products.…
Continue Reading EPA May Require Companies To Know All The Chemicals In Products They Make Or Sell

In an underreported amendment to the Bankruptcy Code, the Small Business Reorganization Act amended §547(b) of the Code to add an explicit requirement for the bankruptcy trustee or debtor in possession to conduct “reasonable due diligence” before filing a preference action.…
Continue Reading Courts Begin Interpreting New Due Diligence Requirements for Trustees Before Filing Preference Actions

On August 16, 2021, the U.S. Securities and Exchange Commission announced that Pearson plc, a publicly traded British multinational educational publishing and services company, agreed to pay a $1 million civil penalty in a settlement related to charges that Pearson misled investors about a 2018 data breach resulting in the theft of millions of student records.…
Continue Reading SEC Sanctions Public Company for Misleading Disclosures About Data Breach

Environmental justice is a central focus of the Biden administration’s environmental agenda. In the wake of issuance of new and enhanced EJ policies by both the federal government and states, it behooves lawyers in multiple disciplines to account for EJ issues in their legal practice.…
Continue Reading Environmental Justice Considerations in Business Transactions