ArticleFourth Circuit Fixes Fair UseOn April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions, United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleCourt Declines To Stop Illegal Parties During The PandemicMost of the litigation triggered by the coronavirus pandemic so far has involved business disputes - over the terms of commercial leases, for instance, or over claims for business-interruption...United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleCybersecurity In M&A Transactions: Frequently Asked QuestionsCybersecurity and data privacy concerns arise in many different types of M&A transactions, but greater focus on potential cybersecurity and data privacy issues should be directed toward transactions ...United StatesTechnologySmith Gambrell & Russell
ArticleBusiness Judgment Rule Not A License To Ignore POA DeclarationAlmost every aspect of residential community life and governance may be subject to differences of opinion, second guessing and litigation...United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleIRS Temporarily Authorizes Spousal Consents For Retirement Plan Elections To Be Notarized Or Witnessed ElectronicallyOn June 3, 2020, the IRS announced that, through the end of the year, spousal consents for retirement plan elections may be notarized or witnessed electronically.United StatesEmployment and HRSmith Gambrell & Russell
ArticleHow Might The "Brexit" Affect IP Rights In The UK And EuropeOnce the UK leaves the European community, European Union trademarks (also known as community trademarks) as well as registered community designs will no longer be valid in the UK. European UnionIntellectual PropertySmith Gambrell & Russell
ArticleNew Jersey Amends State WARN Act And Family Leave ActOn April 14, 2020, New Jersey Governor Phil Murphey signed into law several bills to address the challenges facing employers and employees during the COVID-19...United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleBuyer Beware: More Disclosure Requirements For LLCsIt has become increasingly difficult for homebuyers to play hide-and-seek in New York. For decades, the wealthy, celebrities, and other people concerned about their privacy...United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleCorporate Social Responsibility Disclosures: Fodder For Class Action Lawsuits?Claims and investigations based on corporate social responsibility ("CSR") disclosures are becoming increasingly common in the U.S. and internationally. United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleNew 2018 Requirements For Condominiums And CooperativesThe New York City Council and the New York State Legislature have recently passed legislation subjecting cooperatives and condominiums to new compliance and reporting requirements.United StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleThe Care And Feeding Of Your CharityAccording to Giving USA, in 2017 Americans contributed $410.02 billion to charity, crossing the $400 billion mark for the first timeUnited StatesCorporate/Commercial LawSmith Gambrell & Russell
ArticleCalifornia Enacts New Pay Data Collections And Reporting RequirementsOn September 30, 2020, California Governor Gavin Newsom signed Senate Bill 973 into law. SB 973 requires California private employers with 100 or more employees to report pay data to the...United StatesEmployment and HRSmith Gambrell & Russell
ArticleDOL Expands The Definition Of FiduciaryAfter the proposed rule is published, it enters a 75-day period for written comments.United StatesEmployment and HRSmith Gambrell & Russell
ArticleEEOC Issues Guidance On COVID-19 VaccinationWith the approval of COVID-19 vaccinations under Emergency Use Authorization, employers should review their policies and procedures to be ready when the vaccine is readily available to the general public. United StatesEmployment and HRSmith Gambrell & Russell
ArticleIRS Authorizes 401(k) Plan Contributions For Student Loan RepaymentsIn a recent Private Letter Ruling (PLR), the IRS authorized making 401(k) plan contributions to participants who repay their student loans instead of contributing to the plan.United StatesEmployment and HRSmith Gambrell & Russell
ArticleNew California Decision Favors Employees Who Receive Bonus PayOn March 5, 2018, the California Supreme Court issued a decision concerning the way that certain bonus pay affects the calculation of an employee's regular rate under California Labor Code § 510 ...United StatesEmployment and HRSmith Gambrell & Russell
ArticleOSHRC Vacates OSHA Traffic Injury Citations Against JH Traffic ControlDid you know that an employer must inform the Occupational Safety and Health Administration ("OSHA") within 24 hours after certain types of work-related injuries to an employeeUnited StatesEmployment and HRSmith Gambrell & Russell
ArticleSignificant USCIS Processing Delays Causing Concern And Harm To Employers And Their H-1B WorkersProcessing of H-1B extensions with the United States Citizenship and Immigration Service (USCIS) continue to be extraordinary slow, at both the Vermont and California Service Centers. United StatesEmployment and HRSmith Gambrell & Russell
ArticleYes, Virginia, There Is A Santa Claus!On September 20, 2016, the Plano Chamber of Commerce and more than 55 Texas and national business groups ("Business Plaintiffs") filed a Complaint in the United States District Court...United StatesEmployment and HRSmith Gambrell & Russell
ArticleU.S. Supreme Court Issues Decision Regarding How The Federal Clean Water Act Applies To Groundwater DischargesOn April 23, 2020, the U.S. Supreme Court issued a decision in County of Maui v. Hawaii Wildlife Fund, a closely watched case .United StatesEnvironmentSmith Gambrell & Russell