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Welcome to the first edition of Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This first edition is related to developments during the first quarter of 2023. If...

New Guidance for Employers on Severance/Separation Agreements The National Labor Relations Board’s recent McLaren Macomb decision, discussed here, regarding the lawfulness of confidentiality and non-disparagement provisions in severance agreements, left several unanswered questions. NLRB General...

The continued efforts of the National Labor Relations Board (NLRB) to roll back pro-employer rulings issued during the Trump Administration took a big jump forward recently when the Board effectively barred the use of certain types of confidentiality and non-disparagement provisions in severance...

Diversity Equity and Inclusion (DEI) is becoming as prevalent and necessary as anti-harassment training for employers. Prospective and current employees alike are more frequently expecting their employers to invest in and implement DEI initiatives, which can take many different forms. This training...

Last week, in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court reminded employers that high-earning professionals are only exempt from overtime under the FLSA if they are paid on a salary basis. The case concerned Michael Hewitt, an oil rig worker who earned over $200,000 annually...

Join Partner Indira Sharma and Ad Idem Corporate Counsel Network for their DE&I CLE with Apple, Meta, Stryker and Priori. Speakers will discuss the challenges faced by corporate legal departments and law firms in the DEI space and share thoughts and strategies to improve DEI outcomes and positively...

Pat Nugent (Partner, Philadelphia) will participate as panelists on a roundtable for the National Association of College and University Attorneys (NACUA). Pat will be discussing recent developments on Name, Image, and Likeness issues, and Ashley will be discussing developments in labor issues and...

Section 102(b)(7) of the General Corporation Law of the State of Delaware was amended to permit Delaware corporations to exculpate certain corporate officers from monetary liability for breaches of the fiduciary duty of care. Previously, similar protections were available only to directors. This...

Gary Eidelman will present at the Restaurant Industry 2023 DRA Fast Forward Educational Symposium on February 7, 2023 at the Christiana Hilton. Gary will speak at 2 p.m. on the topic "Getting Back to the Basics." Sessions at the Symposium will include industry leaders and top labor experts on...

​The FTC has announced the annual updates to the Hart-Scott-Rodino (“HSR”) size thresholds, fees and the daily penalty for HSR violations. The updated thresholds and fees were published in the Federal Register on January 26, 2023 and will take effect on February 27, 2023. See Federal Register...

After nearly three years of waiting and speculation, the amended New Jersey WARN Act that was first signed into law in January 2020, will finally become effective on April 10, 2023. The amended New Jersey WARN Act, also known as the Millville Dallas Airmotive Plant Job Loss Notification Act (...

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