Gig Work Laws Aim to Catch Up with Industry Innovations

Gig work rapidly evolved into a fixture of the job market, with constant innovation from the businesses operating in the space. Popular gig work roles expanded beyond ride-share and delivery drivers to graphic designers, freelance writers, mobile shoppers, fitness trainers, online tutors, virtual assistants and social media content creators. As the world of gig work […]

DOJ’s Pilot Whistleblower Program: What Does It Mean for Businesses?

By: Steven D. Feldman and Rebecca Fallk Deputy Attorney General Lisa Monaco announced on March 7 that the U.S. Department of Justice (DOJ) will launch a pilot whistleblower program that will offer financial incentives for individuals to report allegations of criminal wrongdoing to the DOJ. The program will be launched later this year following a […]

Alabama Federal Court Decision Throws Corporate Transparency Act into Disarray

By: Lori S. Smith, Lisa R. Jacobs, Evan Poulgrain and John M. Baker A federal district court in Alabama issued a significant decision in National Small Business United v. Yellen on March 1, declaring the Corporate Transparency Act (CTA) unconstitutional as it exceeds the Constitution’s limits on the power of Congress.[1] Background of the CTA […]

Delaware Chancery Court Examines ‘Reasonable Efforts’ in Chordia Decision

Most contracts will straightforwardly require the parties to take or refrain from taking specified actions. However, some contracts require that a party attempt to bring about a result that may or may not be within the party’s control. Such provisions are commonly qualified so that the party will not have breached the provision, even if […]

U.S. Supreme Court Retaliatory Claims Ruling May Trigger More Whistleblower Suits

When whistleblowers lose their jobs or otherwise experience an adverse employment action, employers often face retaliation claims. With respect to retaliation claims brought under the Sarbanes-Oxley Act, the U.S. Supreme Court recently clarified the parties’ respective burdens of proof in a way that may encourage more whistleblower suits and impact an employer’s litigation strategy and […]

Retrospective: U.S. Cybersecurity and Privacy Developments in 2023

By: Peter Bogdasarian and Alycia M. Vivona For much of 2023, it seemed like barely a week would pass by without a new data breach or privacy violation finding its way into the headlines, making it clear that the threat actors of the world have not given up. In response, last year saw several significant […]

The Looming Tax ‘Armageddon’

“Yeah, one more thing, um … none of them wanna pay taxes again. Ever.” — Harry Stamper (Bruce Willis), “Armageddon” (1998) With a flurry of changes to tax laws starting with the Tax Cuts and Jobs Act of 2017 (TCJA) and continuing through the early COVID-19 years, the pace and scope was dizzying to business […]

Reflecting on 2023 — and Projecting for 2024 — in M&A Transactions

Over much of the last year, M&A activity saw a significant slowdown globally — one not seen for a decade. Economic uncertainties, interest rate increases, market volatility and geopolitical instability all converged to create an adverse environment for both buyers and sellers. Given that several of these factors will extend into the next year, what […]

Negotiating Software Licensing Agreements in the Generative AI Era

In the ever-evolving landscape of technology, the emergence of generative artificial intelligence has ushered in a new era of possibilities. Unlike traditional software, generative AI possesses the ability to create, innovate and even surprise its users. As legal professionals, we stand at the crossroads of this profound technological advancement, tasked with negotiating software licensing agreements […]