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U.S. Labor Department Proposes New Rule on Independent Contractors10/17/2022

On October 13, the United States Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding the classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). After President Biden took office, the DOL attempted to rescind and withdraw an independent contractor rule (the 2021 Rule) that had been put in place in the waning days…

Estate Planning Awareness Week 202210/17/2022

Why Estate Planning Awareness Week? In 2008, Congress designated the third week of October (October 17-23, 2022) as National Estate Planning Awareness Week as a reminder to the public of the importance of estate planning. Having a proper estate plan is important to ensure that you and your loved ones are taken care of. When done well, estate planning aims…

The UCC’s Proposed Article 12: Controllable Electronic Records10/11/2022

Written by: Rick S. Rein with contributions made by Ben Dockery. “The 2022 Amendments to the Uniform Commercial Code (UCC) update and modernize the UCC to address emerging technologies. A new UCC Article 12 on Controllable Electronic Records governs transactions involving new types of digital assets (such as virtual currencies and nonfungible tokens), and corresponding changes to UCC Article 9…

The Sephora CCPA Settlement – How California’s First Fine Can Help Businesses Understand Their Privacy Requirements09/16/2022

In August, California’s Attorney General announced a settlement with Sephora that carried a $1.2 million dollar fine for Sephora’s California Consumer Privacy Act (CCPA) violations. This is the first CCPA action taken by California that resulted in a fine and settlement. It is important to understand what the California Attorney General alleged Sephora did in violation of the CCPA, so…

California’s New Escheat Reporting Requirement on Income Tax Returns08/26/2022

By Jordan M. Goodman and Joe Carr, Tax Partner, BDO USA. Please feel free to reach out to the authors with questions.  A new trend in state and local tax reporting in California combines certain income tax and unclaimed property reporting requirements on 2021 and future business income tax returns to enhance compliance. The increased compliance efforts of the California…

Part II: SCOTUS 2021-2022 Decisions Impacting Employers – Recovering Damages, Religious Expression and Abortion08/17/2022

In the 2021 Supreme Court term (October 2021 – September 2022), the United States Supreme Court (SCOTUS) issued decisions in 66 cases. With its new conservative majority (J. Roberts, J. Alito, J. Thomas, J. Gorsuch, J. Kavenaugh and J. Barrett), the Court tackled a wide variety of issues ranging from immigration, freedom of religious expression, gun safety to abortion rights.…

Part I: SCOTUS 2021-2022 Decisions Impacting Employers – Arbitration Decisions and Vaccine Mandates08/17/2022

In the 2021 Supreme Court term (October 2021 – September 2022), the United States Supreme Court (SCOTUS) issued decisions in 66 cases. With its new conservative majority (J. Roberts, J. Alito, J. Thomas, J. Gorsuch, J. Kavenaugh and J. Barrett), the Court tackled a wide variety of issues ranging from immigration, freedom of religious expression, gun safety to abortion rights.…

Why Offshore Trusts in Nevis Are Used For Asset Protection07/28/2022

Trusts are popular for various reasons to hold assets, and the Nevis International Exempt Trust is indicative of the reason for such popularity as an asset protection device. A settlor looks for a safe and stable jurisdiction to hold assets and to be able to access and control such wealth. Nevis provides such security. As important, settlors consider protection from…

Chicago Amends its Human Rights Ordinance, Adding Steeper Penalties and New Employer Obligations07/07/2022

Chicago's amended sexual harassment laws went into effect on July 1, 2022. The ordinance applies to companies employing at least one employee within the city. What you Need to know Under the amended Human Rights Ordinance, Chicago employers must: Maintain a written sexual harassment policy Provide the policy in the employee's primary language to employees within the first calendar week…

Legal Updates for Banks06/30/2022

Recent decisions from courts in Illinois offer guidance in lending transactions and handling of bank accounts. Amos Financial LLC. v. Szydlowski The Illinois Court of Appeals in the First District recently created precedent with implications for lenders dealing with guarantors and assignees. In Amos Financial LLC. v. Szydlowski, 2022 IL App (1st) 210046-U, the court affirmed the lower court’s decision…

Chicago Increases its Minimum Wage and Enlarges Scheduling Requirements Effective July 1, 202206/29/2022

On July 1, most Chicago employers face an increase in the Chicago minimum wage. Chicago’s Minimum Wage Ordinance applies to employers who maintain a business facility within the city or who are required to obtain a business license to operate in the city and to employees who work two hours in the city within a two-week period. The ordinance does…

California Franchise Tax Board to Share Unclaimed Property Information with State Controller01/31/2022

Effective January 1, 2022, the California Franchise Tax Board (“FTB”) has the authority under Assembly Bill 466 to share information with the State Controller’s Office (“SCO”) relating to a taxpayer’s compliance with the California’s unclaimed property laws. To gather this information, the FTB has added a few questions to California’s business entity tax returns for tax year 2021, including whether…

The Current State of Cryptocurrency Recovery by Creditors01/26/2022

While cryptocurrencies have increasingly become more mainstream, they are still relegated to the edges of financial systems because they are still not widely accepted as legal tender and are limited to private transactions between individuals online. Cryptocurrencies are global, and bad actors that use them to perpetrate fraud may be located in various jurisdictions around the globe. Not all countries…

Clarifying the Use of Pre-Litigation Discovery in Chapter 15 Bankruptcy Cases to Investigate Potential Causes of Action01/07/2022

As cross-border restructurings grow, especially in the wake of the global COVID-19 pandemic, global companies filing for insolvency relief in foreign countries may utilize chapter 15 of the Bankruptcy Code to facilitate the protection of assets located in the U.S. In Chapter 15 proceeding, assistance is available upon recognition of the foreign proceeding under Section 1521 (a) (4) of the…

A Physical Presence in Canada is Needed to Enforce Foreign Judgement Against a Party11/22/2021

The Supreme Court of Canada in H.M.B. Holdings Ltd. v. Antigua and Barbuda, recently considered whether foreign judgment creditors can seize assets in Canada when the party does not have an actual presence in Canada. There, the connection in British Columbia (B.C.) contracted with businesses in B.C. that were to pay a finder’s fee to the judgment debtor. The judgment…

Important Changes to Illinois Law Will Affect Restrictive Covenants in 202211/18/2021

On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act, which will impact the enforceability of some non-competition and non-solicitation restrictive covenants in Illinois. Although the new law will not impact all restrictive covenants in Illinois (the amendment excludes from its scope restrictive covenants entered into ancillary to the sale…

The Complexity of Asset Recovery Is Shown By Different Approaches Needed In Common And Civil Law Jurisdictions10/27/2021

This overview is offered to provide a structured analysis of how enforcement measures can be implemented in civil law jurisdictions such as France and common law jurisdictions such as the UK and Germany. Creditors need to adapt their approach given the options provided by local law for recovering a debt and assets. The conditions for application of interim collection measures…

Cover Your SaaS – Issue V, Q3 202110/04/2021

As we move into harvest season, we here at Cover Your SaaS (CYS) have cultivated a fresh crop of updates for your enjoyment. Keen observers will note that there has been a somewhat larger gap than usual between newsletters and we admit, it has been a minute. Of course, absence makes the heart grow fonder so we are excited to…

Foreign Discovery Through Letters of Request Are Not An Absolute Right09/05/2021

The Letter of Request Procedure is the main means of evidence gathering under the Hague Convention. This process begins with a request made to the U.S. court where the action is pending to issue a letter of request seeking the production of specified documents or the taking of testimony from a particular witness. The court transmits the letter of request…

Delaware Bankruptcy Court Confirms Bankruptcy Court Has Authority to Issue Preliminary Injunctions To Freeze Assets09/02/2021

In 1998, The U.S. Supreme Court in Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, 527 U.S. 308, held that the District Court had no authority to issue a preliminary injunction preventing petitioners from disposing of assets pending adjudication of the respondents’ contract claim for money damages. Subsequently, courts have interpreted Grupo to carve out exceptions for equitable actions…

Inquiry Notice Applies to A Transferee’s Good Faith Defense to a Trustee’s Fraudulent Avoidance Action09/02/2021

On August 30, 2021, the Second Circuit decided in Irving Picard, trustee for the Liquidation of Bernard L. Madoff Investment Securities, LLC v. Citibank N.A., 20-1334, on “appeals of the latest installment in the long-running litigation arising from Bernard Madoff’s Ponzi scheme” whether the District Court properly dismissed actions brought against initial and subsequent transferees, to avoid and recover transfers,…

As SPAC Deal Flow Increases, Expect Litigation to Follow Suit08/31/2021

With the recent rise in popularity of special purpose acquisition companies (“SPACs”), expect an uptick in SPAC related litigation to follow. SPAC’s are referred to as “blank check” companies because they are shell companies formed by a sponsor group to raise funds in an initial public offering (“IPO”) for the purpose of acquiring a yet-to-be-identified privately held target company. After…

And Then There Were Three: The Colorado Data Privacy Law – Colorado Becomes Third State to Enact Consumer Privacy Law07/15/2021

On July 7, 2021, Colorado’s Governor, Jared Polis, signed the Colorado Privacy Act (“CPA”) into law.  Colorado is the third U.S. state to enact a comprehensive privacy law, following the previous enactment of the California Consumer Privacy Act (“CCPA”) and the Virginia Data Privacy Act …

Discovering and Recovering Cryptocurrency Assets Is Easier Than Originally Suspected07/01/2021

It is no secret that the rapid development of cryptocurrencies and sudden surges in their popularity presented challenges to victims trying to recover their losses. Cryptocurrencies are a secure, decentralized and anonymous way to conduct transactions outside the customary banking channel. Criminals flocked to cryptocurrencies …

The Rise Of Fraud Schemes From the CARES Act05/07/2021

The CARES Act, which sought to provide economic assistance during the global health pandemic, is exalted as an essential federal initiative. One of the most visible pieces of that Act is the PPP, which seeks to provide immediate financial assistance in the form of SBA-guaranteed …

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