On the heels of other jurisdictions that have enacted similar legislation over the past few years, Massachusetts Governor Charlie Baker signed the CROWN Act into law on July 26, 2022, making Massachusetts the 18th state to enact such protections. The Massachusetts CROWN Act went into effect on October 24, 2022.
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A CROWNing Achievement for Massachusetts Posted on: November 01, 2022 In: Labor & Employment
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NCAA Clarifies Interim NIL Policy Posted on: October 27, 2022 In: Sports LawOn October 26, the NCAA Division I Board of Directors unanimously approved a series of measures that had been supported by the Division I Council to specifically clarify how schools can actively become involved in name, image, and likeness (NIL) activities for their enrolled students. Univ. of Georgia President Jere Morehead commented, "As we continue to reinforce current NCAA rules, we expect to offer further guidance in the future on what should and should not be done when engaged in these activities."
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Eighth Circ. Finds Financial Conflict of Interest Not Always Sufficient to Constitute Breach of ERISA Fiduciary Duty of Loyalty Posted on: October 20, 2022 In: Labor & EmploymentIn recent years, there has been a proliferation of lawsuits alleging breach of fiduciary duty against sponsors of 401(k) plans and service providers to those plans under the Employee Retirement Income Security Act, or ERISA. In a recent case, the Eighth Circuit held that a plan service provider did not violate ERISA despite having the ability to unilaterally set a low interest rate on a proprietary investment it offered to the employer’s 401k plan, and then profited from participants who invested in it.
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White House Issues Executive Order on EU-U.S. Data Privacy Framework Posted on: October 18, 2022 In: Data Privacy & CybersecurityOn October 7, 2022, President Biden signed the “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,” which outlines the actions the United States will take to implement the commitments made under the European Union-U.S. Data Privacy Framework announced in March 2022. This is a welcome change for U.S. companies grappling with compliance requirements under the EU’s far-reaching data privacy law, the General Data Protection Regulation.
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UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports LawMirjam Poterbin, the mother of NBA Superstar Luka Doncic, has filed a motion to dismiss her son’s petition to cancel the trademark that she currently controls. Poterbin’s memorandum submitted in support of her motion argues that Doncic’s submission lacks a “valid ground” for contesting the registration.
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Luka Doncic v. His Mom: One Athlete’s Legal Challenge to Reclaim His Name and the Case’s Potential Impact in the New NIL Era Posted on: October 13, 2022 In: Sports LawAs the world of professional sports continues its international growth pattern, athletes have recognized the worldwide value of their personal name, image, and likeness (NIL), and the importance of protecting their marketability with the filing of individual trademarks. Recently, NBA superstar Luka Doncic initiated a legal action against his mother, Mirjam Poterbin to reclaim trademark rights to his own name that she currently owns and controls.
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Pennsylvania Dept. of Labor and Industry Updates Minimum Wage Act for Tipped and Overtime Employees Posted on: October 06, 2022 In: Labor & EmploymentAfter maintaining the same overtime regulations for more than four decades, for the second time in less than two years, the Pennsylvania Department of Labor and Industry (DLI) has updated the Pennsylvania Minimum Wage Act to expand wage protections to tipped and overtime employees. Effective August 5, 2022, the DLI revised its wage regulations regarding compensation for tipped and salaried employees with fluctuating schedules who work overtime.
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New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports LawThe emergence of “collectives” in the world of Name, Image, and Likeness (NIL) has raised the questions of whether these entities seeking 501(c)(3) status from the Internal Revenue Code of 1986, as amended (the “Code”) are actually public charities and if donations to these collective entities should be considered tax-deductible.
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California Legislature Takes Steps to Regulate Collection and Storage of Children’s Data Posted on: September 29, 2022 In: Data Privacy & CybersecurityOn September 15, 2022, California Governor Newsom signed the California Age-Appropriate Design Code Act (the Act). This Act, scheduled to go into effect July 1, 2024, is the first state law to require heightened standards for businesses’ collection and use of the personal information of California individuals under the age of 18. Currently the federal Children’s Online Privacy Protection Act (COPPA) protects data of minors who are under the age of 13.
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NYC Announces Private Businesses Will Soon No Longer Be Required to Mandate COVID-19 Vaccines Posted on: September 29, 2022 In: Labor & EmploymentNew York City has, until now, stood apart from the rest of the country by holding tight to its mandate that all private businesses require their employees to be vaccinated if they are working in the office. Many employers will be pleased to learn of Mayor Eric Adams’ recent announcement that, effective November 1, 2022, private businesses in the City will no longer be required to mandate their employees be vaccinated against COVID-19.
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Dept. of Ed. Office of Civil Rights Updates Case Processing Manual, Signaling Aggressive Posture Moving Forward Posted on: September 28, 2022 In: Labor & EmploymentEarlier this summer, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM). The OCR often enforces civil rights laws and handles investigations of our nation’s schools. The CPM identifies the policies and procedures that the OCR relies on when investigating and resolving complaints. The revised CPM makes several notable changes and suggests that the OCR will take a more aggressive stance moving forward on complaints it receives.
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Three Key Employment Law Considerations for Film Studios and Production Companies Posted on: September 27, 2022 In: Labor & EmploymentEmployment law compliance continues to be an active risk mitigation area for film production companies and producers on film projects. This post covers three important considerations to help limit exposure before the cameras start rolling.
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