In actions announced by the Securities and Exchange Commission (SEC) over the past two months, the SEC is sharpening its focus on climate-related disclosures in public company filings. The emphasis is on how public companies address disclosures of actual and material impacts that climate change has on a company’s business and whether they comply with obligations under the federal securities laws.

On April 19, Chief Judge of the Court of Appeals and of the State of New York Janet DiFiore released a message to the legal community announcing the New York State Unified Court System’s plans for returning to full staffing levels. In the announcement, Chief Judge DiFiore stated that, effective Monday, May 24, all judges and court staff will be required to return to work, noting, “It is time to return to our normal and full courthouse staffing levels in order to support the fuller resumption of in-person operations, including jury trials and other proceedings in our courts.”

On Saturday, April 17, the Small Business Administration (SBA) activated a new website and released a sample application form for the Restaurant Revitalization Act grant program established under the American Rescue Plan Act of 2021. Although applications are not yet being accepted, the limited funding available for this tax-free grant program and its first-come-first-served approach mean that applicants should lose no time in completing the new form so they can submit it at the earliest possible opportunity.

On March 23, 2021, Governor J.B. Pritzker signed Senate Bill 1480 into law, amending the Illinois Human Rights Act (IHRA) by restricting the use of criminal conviction records. A covered employer is now required to follow certain procedures, including engaging in an interactive process with the applicant or employee, if it seeks to disqualify the individual based on a record of criminal conviction.

Restaurants and bars, among the businesses hit hardest by the COVID-19 pandemic, will soon be able to apply for a new tax-free grant program enacted as part of the recently enacted American Rescue Plan Act of 2021, signed into law on March 11, 2021. The Restaurant Revitalization Fund (RRF) will provide $28.6 billion in grants for eligible restaurants and bars that can certify they need the funds to support ongoing operations of the business.

The Illinois Biometric Information Privacy Act (BIPA or the Act) provides for statutory damages of $1,000 for each negligent violation and $5,000 for each reckless or intentional violation of the Act. An unsettled question is whether a plaintiff can “stack” alleged violations for a windfall recovery. The Seventh Circuit Court of Appeals is about to weigh in.

As of July 1, 2020, “[e]very person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record,” and they must match those officers listed on California Secretary of State’s (SOS) records. This is a deviation from the Contractors State License Board’s (CSLB) past practice of requiring foreign corporations to associate as personnel of record only their president, in contrast to requiring domestic corporations to associate their president, secretary, and treasurer. 

The Illinois Equal Pay Act (IEPA) has been amended to create significant new requirements for Illinois employers. Governor J.B. Pritzker signed Senate Bill 1480 (SB 1480) into law on March 23, 2021, effective immediately.