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The United States Bankruptcy Court for the Central District of Illinois recently held that an Illinois mortgage is subject to avoidance in bankruptcy pursuant to 11 U.S.C. § 544(a)(3) unless the mortgage contains among other things, (i) the amount of the debt, (ii) the maturity date of the debt, and (iii) the underlying interest rate. Richardson v. The Gifford State Bank (In re Crane), Adv. Pro. No. 11-9067 (Bankr. C.D. Ill.).

Illinois may soon join California, New York and New Jersey in codifying state law prohibitions against disparate impact discrimination. The final version of SB 3777 was sent to Illinois Governor J.B. Pritzker...

According to the National Conference of State Legislatures, 29 states have "comprehensive public medical marijuana and cannabis programs" and 16 states have more limited programs that allow for the use of "low THC....

Acoalition of state attorneys general filed suit in April against the Equal Employment Opportunity Commission (EEOC) and its recently enacted pregnancy rule in the U.S. District Court...

On Feb. 18, 2010, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to more clearly define the meaning of the "reasonable factors other than age" (RFOA) defense under the Age Discrimination in Employment Act (ADEA).

The new makeup of the National Labor Relations Board (NLRB) combined with recent comments by one of its members indicate a potential major shift in union election procedures – a shift that would undoubtedly favor unions.

The Departments of Labor, Health and Human Services and Treasury recently issued a new set of frequently asked questions in which they clarify that an employer may not reimburse an employee...

Coincident with the 20th anniversary of enactment of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) has completed its long-awaited rulemakings to revise its Title II and Title III regulations, and to adopt the July 2004 ADA Accessibility Guidelines (2004 ADAAG) promulgated by the U.S. Access Board as legally enforceable accessible design standards, which DOJ has designated the 2010 ADA Standards for Accessible Design (hereinafter 2010 Standards).

Although passage of Right-to-Work legislation in Michigan dominated political headlines in December, the Michigan Legislature also pushed through a number of additional bills that will impact Michigan employers.

As part of the Patient Protection and Affordable Care Act (PPACA), Congress has appropriated $5 billion to provide reimbursement to employer-based health plans for the cost of certain health care benefits for early retirees and their spouses, surviving spouses and dependents.

The boom in union organizing this year – fueled in part by the national Starbucks unionization push – has resulted in numerous union election petitions...

It is no secret union numbers are down, as their private sector ranks remain at historical lows. A turn in fortunes, however, may be underway. On the heels of well-publicized national...

On July 15, 2010, the Federal Energy Regulatory Commission (FERC) issued its first major ruling on state feed-in tariffs, partially rejecting a California Public Utilities Commission (CPUC) decision which would have required investor-owned utilities to offer to purchase, at prices set by the CPUC, electricity generated by eligible combined heat and power (CHP) generators using solar and other renewable energy sources.

Federal Judge Robert D. Mariani granted an injunction to stay proceedings in the Pennsylvania Environmental Hearing Board on appeals filed by Delaware Riverkeeper Network and others of three state environmental permits issued to a pipeline operator, in Tennessee Gas Pipeline Co., LLC v. Delaware Riverkeeper Network.

The Department of Justice and Centers for Medicare & Medicaid Services have launched a new federal-state data-sharing initiative targeting healthcare fraud in the Midwest, with Indiana and Ohio serving as initial partners.

Late last week, the FDA issued a notice and request for comments on its tentative determination that partially hydrogenated oils are not generally recognized as safe for use in any food.

Another recent Alert noted that the Food Safety Modernization Act (FSMA), signed by President Obama in January 2011, imposes some new and stricter record-keeping requirements on companies in the food supply chain.

Hospitals, physicians and related health care providers have just 20 months to react to changes in the way Medicare, and perhaps the private sector, will begin to pay for services under the comprehensive health care reform legislation signed into law yesterday by President Obama.