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  • Article

    Private Equity's Impact On Mergers & Acquisitions

    A correlate of the notably significant global increase in the volume and value of merger and acquisition transactions since the 1990s has been the marked increase in related private equity purchases.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Starting A Franchise: Is The Business Franchisable?

    Every business owner wants his or her business to evolve whether it moves slowly in the pursuit of short-term goals or swiftly in the achievement of long-term growth.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Breaking News: U.S. Supreme Court Upholds Federal Subsidies Under The Affordable Care Act (ACA)

    The Obama administration breathed a sigh of relief today, as the U.S. Supreme Court, in a 6-3 decision, upheld the use of health insurance subsidies that was the central issue in King v. Burwell.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    California's Stringent DYNAMEX "ABC" Independent Contractor Test Soon To Be Law

    In July we wrote about the California Supreme Court's landmark decision in Dynamex v. Superior Court, which abandoned a long-followed, multi-factor approach to analyzing ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Chevron Doctrine Overruled – Potential Impacts On Plan Sponsors And Employee Benefit Plans

    In an opinion announced on June 28, 2024, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, which set forth the decades-old Chevron doctrine...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Courts May Review EEOC Conciliation Efforts—Narrowly

    The U.S. Supreme Court decided that conciliation efforts by the Equal Employment Opportunity Commission ("EEOC") are subject to judicial review, but that review is limited.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EEOC Issues Final Rule Implementing The Pregnant Workers Fairness Act

    On April 15, 2024, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act ("PWFA").
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    "Equivalent Benefits" Requirements For Illinois Staffing Employees Temporarily Enjoined

    The U.S. District Court for the Northern District of Illinois (the "District Court") recently entered a temporary injunction halting enforcement of certain benefits-related provisions...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia Amends Law To Allow Employer Use Of Payroll Cards

    On May 5, 2015, Governor Nathan Deal of Georgia signed a law amending O.C.G.A. § 34-7-2 and allowing Georgia employers to pay their employees through credit to a payroll card account.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New FMLA Poster And Employer Guide

    The Department of Labor's Wage and Hour Division ("WHD") released two new materials concerning the Family and Medical Leave Act of 1993.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New York City Council And New York State Pass Anti-Harassment Legislation

    On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State Legislature's anti-sexual harassment legislation.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    OFCCP Brings Sex Discrimination Rules Into The 21st Century

    The Order prohibits covered federal contractors from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Rethinking Pregnancy Accommodations

    Employers may want to revisit their policies and practices on pregnancy accommodations after the Supreme Court's recent decision in Young v. United Parcel Service.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Targeted Advertising: Effective Or Discriminatory?

    The Communication Workers of America ("CWA") as well as three named plaintiffs filed suit against named defendants and an unspecified class of "hundreds of major American employers...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Clock Ticks Down: New DOL Overtime Rules Set To Take Effect On December 1

    Consider this your three-month warning. The time has come for employers nationwide to begin preparing for new Department of Labor ("DOL") overtime exemption requirements.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The EEOC Is Making Waves With New Electronic Notification System And Two Sexual Orientation Cases

    The EEOC is making waves with a new electronic notification system for employers and by filing its first two sex discrimination cases based on sexual orientation.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Groundwater Pollution Liability Under Clean Water Act To Be Reviewed By U.S. Supreme Court

    On February 19, the U.S. Supreme Court granted certiorari to review a unanimous decision by a panel of the Ninth Circuit Court of Appeals that underground wastewater injection into a groundwater
    United StatesEnergy and Natural Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    PHMSA Tightening Legacy Pipeline And Consequence Area Regulations For Natural Gas Pipelines

    Pipeline and Hazardous Materials Safety Administration's (PHMSA) March 16 proposed regulations for natural gas pipeline safety focuses on legacy pipe integrity.
    United StatesEnergy and Natural Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Supreme Court To Hear Arguments In Solar Power Dispute

    The Supreme Court of the United States announced on Friday, December 1 that it would hear an Arizona utility's appeal of a Ninth Circuit Court of Appeals decision ruling that a rooftop solar ...
    United StatesEnergy and Natural Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Main Street Lending Program Update. June 8, 2020 Amendments: Requirements Relaxed For Borrower Eligibility And Greater Flexibility For Repayment. Program To Be Open "Soon."

    Federal Reserve Chairman Jerome Powell said on May 29, 2020 that the Federal Reserve's Main Street Lending Program was "days away" from providing loans through its Main Street program for...
    United StatesFinance and Banking
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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