An Employer’s Primer on the Speak Out Act
12/12/22
By: Tia J. Combs
On December 7, 2022, President Biden signed the Speak Out Act (S. 4524; Public Law No. 117-224). As the law is effective immediately, employers must act quickly to understand how the new law may impact their …
Will Georgia Counties be Governed by Popular Vote?
12/12/22
By: Katie Taylor and Amy Cowan
In a case of first impression, the Georgia Supreme Court has been asked to decide whether voters can void contracts executed by elected county boards of commissioners via referendum. In Camden County, Georgia v. …
Objectively False: Eleventh Circuit Highlights Importance of Body Cameras
12/5/22
With its decision in Baxter v. Roberts on November 30, 2022, the Eleventh Circuit provided another reminder of just how important body cameras have become for citizens and law enforcement officers alike by affirming summary judgment …
Policyholders obtain rare wins in COVID-19 coverage cases against insurers
11/29/22
In what is believed to be the first jury trial in the nation on the issue of whether a commercial property insurance policy covers business interruption losses due to COVID-19, Baylor College of Medicine won a …
Feds Consider Carving Out Exceptions to the Buy America Act
11/23/22
By: Kenneth Coronel
The Biden administration is considering carving out two exemptions for federally funded transportation contracts which are subject to the 2021 Build America, Buy America Act, or BABAA. On November 4, 2022, the Department of Transportation proposed two …
Modular Construction Components: Claim and Defense Considerations
11/22/22
By: Doug P. Holthus and Eric M. Coglianese
With increasing frequency, commercial and residential construction projects incorporate modularized or “pre-fab” construction products. Prefabricated modules (smaller components designed to be incorporated into a larger structure, e.g., wall sections, roof sections, floor …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
Third Circuit finds no nexus between retailer’s mode of operation and water on store floor
11/21/22
In Saunders v. Wal-Mart Stores Inc., No. 21-1941, 2022 WL 832050 (3d Cir. Mar. 21, 2022), the Third Circuit rejected a Plaintiff’s argument that the District Court erred in ruling that the mode of operation doctrine …
FTX’s collapse and the push for centralized regulation of digital assets in the U.S.
11/18/22
By: Luke Zavoli
In 2019, Sam Bankman-Fried launched FTX, a cryptocurrency exchange backed by marquee investors, and in three years, grew FTX into the third largest cryptocurrency exchange – valued at $32 billion. This past Friday, November 11, 2022, FTX …
Are we about to see the rise of the right to earn a living?
11/15/22
By: Michael M. Hill
Appellate decisions sometimes lead to sweeping changes in public policy, particularly at the Supreme Court. One such potential policy change to watch for is whether the right to earn a living will be enshrined as a …
11/7/22
By: Patrick Cosgrove and Heather McFeeley
Pennsylvania took steps to address its increasing aging population as it enacted new major nursing home regulations for the first time since 1997. At present, approximately 72,000 Pennsylvanians reside in the 682 long-term care …
First Circuit Court of Appeals Weighs in on ADA “Tester” Standing Split
10/31/22
By: Alexandra Held and Jennifer Markowski
A panel for the First Circuit Court of Appeals ruled, in Laufer v. Acheson Hotels, LLC, 50 F.4th 259 (1st Cir. 2022), that a “tester plaintiff” has standing under Article III of the U.S. …