The FTC votes to ban most Non-Compete Agreements – significant legal challenges expected
4/24/24
During an open meeting on Tuesday, April 23, 2024, the Federal Trade Commission voted 3-2 to approve a Final Rule banning non-compete agreements nationwide. The Final Rule will take effect 120 days after its publication in …
DOL releases final rule increasing salary threshold for overtime eligibility
4/24/24
On Tuesday, April 23, 2024, the U.S. Department of Labor issued its long-anticipated final rule raising the salary thresholds for overtime exemptions. The final rule, which could take effect this summer, will significantly increase the salary …
Michigan adopts Federal Rule of Evidence 702. Will other states follow?
4/23/24
By: Joshua W. Zhao and Jonathan Schwartz
On March 27, 2024, the Michigan Supreme Court amended Rule 702 of the Michigan Rules of Evidence (MRE), effective May 1, 2024. This amendment makes MRE 702 identical to Rule 702 of the …
4/22/24
By: Meredith Freidheim and Scott Eric Anderson
ABA Formal Opinion 510 – Avoiding the Imputation of a Conflict of Interest When a Law Firm is Adverse to One of its Lawyer’s Prospective Clients
On March 20, 2024, the American Bar …
Within and without: False Claims Act whistleblowers can, and do, come from anywhere
4/22/24
By: Justin J. Boron
False Claims Act (“FCA”) lawsuits typically start with a whistleblower. Where the whistleblower starts is another question.
Historically, whistleblowers under the FCA–which provides private citizens the ability to assert qui tam claims for fraud committed against …
EEOC issues final rule on Pregnant Workers Fairness Act
4/18/24
Earlier this week, on April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulation to carry out the Pregnant Workers Fairness Act (“PWFA”). The final rule was approved by a majority of the …
Colleges on alert for ‘borrower defense to repayment’ claims from the Department of Education
4/17/24
By: Noël Couch and A. Neil Hartzell
As the cost of college tuition is on the rise, so are the number of claims brought by student borrowers seeking repayment of their loans. Federal regulation provides an avenue for borrowers to …
Hospital falls: When a general negligence claim slips into medical malpractice
4/17/24
By: LaShay L. Byrd and Kyle M. Virgin
Slip and fall accidents typically manifest as general negligence claims. However, a recent Kentucky Court of Appeals decision, Boston v. Commonwealth Health Corporation, Inc., No. 2023-CA-0583-MR, 2024 WL 1335987, at *5 …
Victory for lawyer reminds of the importance of engagement letters and written client communications
4/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Fletcher v. Flynn, 2024 IL App (5th) 220818, the Appellate Court of Illinois, Fifth District analyzed a motion for judgment notwithstanding the verdict in the context of a legal malpractice …
4/15/24
By: Meaghan Mahon and Nancy M. Reimer
In a decision that could have ramifications elsewhere, the Massachusetts Appellate Tax Board recently held that gains a non-resident realized on the sale of stock of a corporation he founded was subject to …
EPA announces final National Primary Drinking Water Regulation for PFAS
4/11/24
By: James M. Mathew, David M. Harding, and Kevin M. Ringel
After working for over a year and reviewing 120,000 comments on the proposed rule, the EPA passed its final regulation regarding PFAS in drinking water. The Safe …
Public officials, social media, and the First Amendment
4/2/24
By: Jacob E. Daly
When a public official uses a personal social media account for job-related purposes, does he or she violate the First Amendment rights of a person who posts negative comments on the page by deleting the comments …