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This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...
On July 1, 2024, three ordinances go into effect that will alter critical employment laws for Cook County and Chicago businesses. These three ordinances are: (1) the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, (2) the One Fair Wage Ordinance, and (3) the Cook County’s Minimum Wage...
On May 16, 2024, the United States Supreme Court issued its highly anticipated decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America , determining once and for all that the Consumer Financial Protection Bureau’s (“CFPB”) self-funding mechanism is not...
The Consumer Financial Protection Bureau continued its jurisdictional expansion April 17 when it issued a consent order against BloomTech Inc., which does business as Bloom Institute of Technology, a for-profit college for computer programming. According to the consent order, the school "offers...
A bipartisan group of representatives, led by Representatives Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX), have introduced an updated version of the Dignity Act (H.R. 3599) to fix what they call the nation’s fractured immigration system. The authors of the bill call it the first serious...
Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to the ruling, many lower courts had long required Title VII plaintiffs...
On May 1, the Council on Environmental Quality — a White House agency charged with implementing the National Environmental Policy Act — issued a new final rule purportedly aimed at streamlining NEPA reviews to speed up the construction of renewable energy and other electricity-related infrastructure...
As most New Jersey employers are already aware, since 2019, the State’s Law Against Discrimination (LAD) prohibits employers from enforcing contract provisions that have the effect of preventing an employee or former employee from discussing any allegations of discrimination, harassment or...
Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business Corporation Act, a closely held corporation is a corporation with 35 or fewer...
On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many ancillary provisions, increases access to subsidies, as well as benefits to...
On May 1, 2024, Saul Ewing LLP hosted its second annual Connectors Conference: Focus on Food, Beverage and Agribusiness at the Minneapolis Club in downtown Minneapolis. The conference featured leaders, investors, dealmakers, and technology innovators who gathered to discuss the latest trends and...
This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by insurers in issuing claims decisions. The Saul Ewing Employee...
Michael Jackson, Bob Dylan, Sting, David Bowie, Stevie Nicks, Bruce Springsteen, and now KISS. What do they all have in common? They have all sold their music catalogs in the past 10 years. Jackson and Springsteen reaped the biggest rewards at over $500M each. Catalog sales have become big business...
The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer programming. According to the consent order, the school “offers training...
On April 22, 2024, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a final rule to support reproductive health care privacy (the “Reproductive Rule”). According to the HHS OCR press release, the Reproductive Rule, “is one of many actions taken by HHS...
This November, California voters may have the opportunity to replace the controversial Labor Code Private Attorneys General Act (“PAGA”) by voting on a proposed bill that would double penalties for willful labor-law violators, but would eliminate employees’ ability to file private lawsuits on behalf...