Legal News

In the simplest case for federal preemption, federal law prohibits conduct that a state tort duty would require, such as a change in the design of an approved medical device to cure an alleged defect. Because federal law is supreme, it preempts that...By: Butler Snow LLP

The Securities and Exchange Commission ("SEC" or "Commission") recently proposed a number of changes to Regulation S-X and related rules and forms that could significantly streamline the requirements for filing financial statements in connection with...By: Proskauer Rose LLP

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and obtain a signed authorization...By: Farella Braun + Martel LLP

Most employers are aware that in order to conduct a third-party background search on an employee or applicant, they must obtain advance authorization and comply with the notice requirements of the federal Fair Credit Reporting Act (FCRA). As online...By: Parker Poe Adams & Bernstein LLP

A series of registration deadlines are fast approaching for a new law in Illinois that will have a significant impact on small- and medium-sized employers who do not offer a retirement savings plan to their employees....By: Hinshaw & Culbertson LLP

The National Labor Relations Board (NLRB or Board) issued a decision on June 14, reversing nearly 40 years of precedent and granting employers expanded rights to prohibit union activity by non-employees from occurring at the employer’s facility....By: Ballard Spahr LLP

Avoid a seasonal faux pas! Dear Miss Mannerly: My office is business casual -- until June. Even though we don't have a lax summer dress code, many of our employees just "assume" they can dress like hooligans. We have all the usual problems - women...By: Constangy, Brooks, Smith & Prophete, LLP

The landscape of laws regulating the employment relationship in Oregon seems to be constantly changing. Another big change occurred with the enactment of the Oregon Workplace Fairness Act. This legislation was signed into law by Governor Brown on...By: Tonkon Torp LLP

On June 7, 2019, in Altera Corp. v. Commissioner, a reconstituted panel of the U.S. Court of Appeals for the Ninth Circuit issued a new opinion upholding the validity of a Treasury Department regulation addressing the treatment of stock-based...By: Shearman & Sterling LLP

In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this phrase is the...By: Butler Snow LLP