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Latest Blog Posts

Should NFTs Be Considered a Security? Posted on: August 31, 2022 In: Intellectual Property & Technology
If you had asked the author of this post 10 years ago whether he would believe that people would pay thousands upon thousands of dollars for what is essentially a PDF, he would have said you were speaking utter nonsense. However, here we stand, in an era where you cannot go a day without hearing about the latest NFT (non-fungible token) project or the next surefire “To The Moon” cryptocurrency. And, as is tradition, the more notoriety something gets, the more scrutiny it comes under.
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Tags:
nft, blockchain, digital assets, howey test, securities, sec
Federal Appellate Court Extends ADA Employment, Public Accommodations, and Transportation Protections to Transgender People Posted on: August 30, 2022 In: Labor & Employment
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit – one of the nation’s historically conservative jurisdictions – became the first federal appellate court to extend Americans with Disabilities Act (ADA) protections to transgender people, declaring that gender dysphoria can qualify as a disability under the ADA, reviving a disability discrimination lawsuit brought by a transgender woman over a Virginia detention center’s decision to place her in men’s housing.
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Tags:
ada, 4th circuit, lgbtq+, gender dysphoria, discrimination
New Posters Required to Be Displayed by New Jersey Employers Posted on: August 29, 2022 In: Labor & Employment
On the heels of the adoption by the New Jersey Division on Civil Rights (DCR) of a new “Know Your Civil Rights” campaign, the DCR has issued new and updated rules and regulations to raise public awareness about civil rights under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (FLA). The new regulations, which took effect on August 1, 2022, update the DCR’s requirements for the posters that covered entities are required to conspicuously display.
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Tags:
new jersey, civil rights, family leave, discrimination, human resources
Name, Image & Likeness: Back to the Legislative Starting Block? Posted on: August 04, 2022 In: Sports Law
For the last few years, we have seen numerous bills introduced by senators and members of the House of Representatives regarding name, image, and likeness (NIL) rights. For the most part, all these bills sought to create specific rules and federal oversight in this area. However, because of the partisan nature of the bills, none of them has ever progressed beyond the introduction of the proposed bill to be considered for possible enactment.
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Tags:
nil, congress, legislative alert, student-athletes, sports law
How Corporate Social Responsibility Can Help Reduce Liability & Five CSR Initiatives You Can Start Today Posted on: July 27, 2022 In: Labor & Employment
Corporate social responsibility, or CSR, is a form of self-regulation that reflects a business' accountability and commitment to contributing to the well-being of communities and society through various environmental and social measures. What does CSR have to do with employment law? According to Deloitte’s 2021 Millennial and Gen Z Survey, everything. The study found that the modern workforce prioritizes culture, diversity, and high impact over financial benefits.
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Tags:
csr, human resources, employee handbook, hiring, disability
SEC Proposes Rules to Increase Reporting About Cybersecurity Incidents Posted on: July 27, 2022 In: Data Privacy & Cybersecurity
As outlined by the Securities and Exchange Commission (SEC) in its proposed changes to rules regarding disclosure of cybersecurity incidents, there has been a steady increase in cyberattacks, some of which have had devasting effects on businesses, consumers, and investors. The SEC proposal is premised on the belief that investors would benefit from more timely and consistent disclosure about material cybersecurity incidents and greater availability and comparability of disclosure by public companies.
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Tags:
cybersecurity, sec, cyberattack, breach notification, incident response
Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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Tags:
dol, flsa, wage and hour, payroll, white collar, overtime
Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Tags:
office events, employment law, labor law, covid-19, human resources
Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Sports Law
In a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
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Tags:
nfl, unions, nlra, labor law, appellate law
Name, Image, and Likeness – The Past, The Present, and The Future Posted on: July 11, 2022 In: Sports Law
Just over a year ago, the NCAA announced that it was necessary to take “short-term action” and introduce an “interim” policy regarding name, image, and likeness (NIL) rights for student-athletes. At that time, it confirmed that it was going to continue working with Congress to develop and adopt federal legislation to support student-athletes’ use of their NIL rights and create a national standard of NIL rules.
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Tags:
nil, ncaa, student-athletes, employment law, immigration law
Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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Tags:
illinois, paid leave, fmla, labor law
Privacy Protection Patchwork, Part V: How the California Privacy Rights Act Could Impact Your Business Posted on: July 07, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part V, we discuss the California Privacy Rights Act.
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Tags:
california, cpra, cppa, data privacy, consumer data, privacy law, privacy protection patchwork

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