Publications

Latest Publications and Blogs

  • Legal Alerts
    |September 16, 2021

    In Qaadir v. Figueroa (2021) 67 Cal.App.5th 790, the plaintiff sued the defendants for negligence arising from a car accident defendants caused. During trial, both parties had billing experts testify about the reasonableness of the medical bills. Neither of the billing experts relied upon plaintiff’s unpaid medical bills to determine the reasonableness of the plaintiff’s medical expenses. On appeal, the defendants argued that the trial court erred by admitting the plaintiff’s unpaid medical bills.

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  • Legal Alerts
    |September 16, 2021

    On September 15, 2021, the Federal Trade Commission (FTC) published a report summarizing its findings from a study it performed regarding acquisitions made by five large technology firms over a 10-year period that were not reported to the federal U.S. antitrust agencies under the Hart-Scott-Rodino (HSR) Act.

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  • Legal Alerts
    |September 15, 2021

    Late in the night on Sunday, September 12, 2021, Democrats on the House Ways & Means Committee leaked changes spanning much of federal tax law. On September 13, Ways & Means officially released a summary of the proposed changes and 645 pages of draft legislative text.

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  • Legal Alerts
    |September 10, 2021

    On September 9, 2021, in response to growing case counts and lagging vaccination rates, the Biden administration announced its COVID-19 Action Plan, laying out a “path out of the pandemic.” The centerpiece of the president’s announcement is a new employee vaccination mandate for all private sector employers with at least 100 employees.

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  • Legal Alerts
    |September 09, 2021

    Historically, Florida state courts have allowed plaintiffs to depose a defendant’s senior executives regardless of whether they have personal knowledge of the underlying claim, a tactic that has been used by some plaintiffs' counsel to exert pressure on the defendant. In federal court, however, this practice is prohibited by the “Apex Doctrine.” On August 26, 2021, the court amended the Florida Rules of Civil Procedure following a certified question of the First District Court of Appeal.

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  • Legal Alerts
    |September 09, 2021

    Perhaps surprising for Texas employers, the Texas legislature has significantly expanded sexual harassment protections for employees, rendering Texas’ state law protections more expansive than those provided by similar federal statutes. These changes, which took effect on September 1, 2021, have significant practical implications.

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  • Legal Alerts
    |September 08, 2021

    In November 2020, California voters passed Proposition 22, which exempted gig economy businesses (such as Uber Technologies Inc., Lyft Inc., DoorDash Inc. and Instacart Inc.) from California Assembly Bill 5 (AB 5). Previously, AB 5 had required these “app-based drivers” to be classified as employees instead of independent contractors. In what is unlikely to be the only judicial attack on Prop. 22, an Alameda County Superior Court Judge recently deemed Prop. 22 unconstitutional and unenforceable.

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  • Blogs
    |August 31, 2021

    On January 1, 2021, Massachusetts increased its minimum wage to $13.50 per hour (from $12.75 per hour). The Bay State will continue to raise this wage annually in steps ($0.75 per year) to reach a minimum wage of $15.00 per hour in January 2023. Of note, there are numerous circumstances in which different wages may be paid.

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  • Legal Alerts
    |August 31, 2021

    Although the New York City Fair Chance Act (FCA) has been in effect since October 27, 2015, it has now been amended and employers need to be aware of the changes in order to achieve compliance. The FCA is one of the “ban the box” laws passed in many jurisdictions in recent years. Unless an exemption applies, it generally prohibits employers from inquiring about an applicant’s criminal history prior to making a conditional offer of employment.

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  • Blogs
    |August 27, 2021

    Throughout the country, employers are being confronted with layers of laws that will likely further complicate the already complex task of managing a business. For example, on August 9, 2021, the Charlotte City Council amended its non-discrimination ordinance (NDO) to include broader anti-discrimination protections for individuals designated as “Protected Classes” by the city. The NDO created a new provision in the Charlotte City Code prohibiting employment discrimination by private employers.

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