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  • Article

    FTC Rule Banning Non-Competes Ruled Unlawful

    Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule ("FTC Rule").
    United StatesAntitrust/Competition Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Rerouting Supply Chains: Onshoring Manufacturing Of Critical Supplies

    The COVID-19 pandemic has spotlighted the danger of relying on foreign sources of supply for pharmaceuticals and other medical supplies.
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia's New Legislation Seeks To Protect Franchisors Threatened By Browning-Ferris

    On Tuesday, May 3, 2016, Georgia Governor Nathan Deal signed Senate Bill 277, the "Protecting Georgia Small Business Act," into law.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Agencies Extend Benefit Plan Deadlines For Plan Sponsors And Participants Due To COVID-19 Pandemic

    On Tuesday, April 28, 2020, the Department of Labor and IRS issued deadline relief and other guidance intended to help employee benefit plan sponsors and participants impacted...
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Families First Coronavirus Response Act Notice

    In our recent Client Alert regarding the new federal Families First Coronavirus Response Act, we noted that employers are required to post a notice – in a form to be published by the U.S. Department of Labor ("DOL")...
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Association Health Plans Reinvigorated-New Options For Many Employers

    Association Health Plans have been reinvigorated by the new regulations released yesterday by the US Department of Labor (DOL). As I mentioned in my blog entry yesterday, these regulations are the result of President Trump's executive order last year instructing the DOL to allow for more flexibility related to the Affordable Care Act (ACA), and health insurance.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can You Hear Me Now? Georgia's New Hands-Free Cell Phone Law To Impact Employers

    On May 2, 2018, Georgia Governor Nathan Deal signed the "Hands-Free Georgia Act" (House Bill 673) into law
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EEOC Offers New Resources For Employers

    In December 2020, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a new process for requesting opinion letters, and also released a new data tool named EEOC Explore.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Illinois Employers Take Heed: Extensive Changes On The Horizon

    In response to the #MeToo movement, Illinois has enacted the Workplace Transparency Act ("WTA") to increase employee protections from both harassment and discrimination.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Self-Correction Opportunities For Retirement Plan Loans And Other Errors

    Today the IRS issued an update to its retirement plan loan correction program that significantly expands the errors that can be corrected without filing with the IRS or paying a filing fee.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Reductions In Force? Beware Of Partial Termination

    Sponsors of qualified retirement plans that are experiencing layoffs, furloughs or other reductions in employee population as a result of the COVID-19 crisis may trigger a partial plan termination...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Massachusetts Noncompetition Act Significantly Alters Requirements For Employment Agreements Containing Non-Compete Clauses

    Massachusetts recently passed the Massachusetts Noncompetition Act ("Act") which applies to noncompetition agreements executed on or after October 1, 2018.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EPA Enforcement Action Signals Heightened RMP Oversight

    In August, EPA announced a Consent Order with ChemArt Company of Lincoln, Rhode Island to correct alleged violations of EPA's Risk Management Program (RMP) under the Clean Air Act.
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    CBO Scores The American Health Care Act Passed By The House- Cuts Deficit And Number Of People Insured

    The Congressional Budget Office (CBO) has just released its estimate of the impact of the American Health Care Act (AHCA) passed by the U.S. House of Representatives on May 4th of this year.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Supreme Court Rejects Registration Restrictions For Offensive Marks

    On June 24, 2019, the United States Supreme Court held that prohibiting registration of scandalous or immoral trademarks violates the First Amendment's protection of free speech.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Trademark Owners, Watch Out! USPTO Getting Strict On Trademark Specimens

    In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Standing To Sue For Unsolicited Text Messages

    In Salcedo v. Hanna, Case No. 17-14077 (decided August 28, 2019), Mr. Saledo had received a single unsolicited text message from his former lawyer offering a discount on services.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Supreme Court Rules That Participants Cannot Sue Over Mismanagement Of Defined Benefit Plan Asset Investments

    Earlier today (June 1, 2020), the U.S. Supreme Court ruled in Thole v. U.S. Bank N.A. that individual participants in a defined benefit pension plan lack standing
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Timed Out And Tuned Out: The Forfeiture Of Unclaimed Royalties And The Loss Of Meaningful Access To Litigation Under The Music Modernization Act

    On December 21, 2017, the Music Modernization Act of 2017 (H.R. 4706) was introduced in the House of Representatives.
    United StatesMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EPA Risk Management Plan Rule Update

    After losing a case in the D.C. Circuit Court of Appeals on its attempt to delay the effective date of the Obama-era final rule strengthening EPA's Risk Management Plan (RMP) facility accident prevention program.
    United StatesStrategy
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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