By Madeline Ursini and David DiSegna On May 18, 2023, in Twitter, Inc. v. Taamneh et al., the United States Supreme Court ruled against an Islamic State of Iraq and Syria (“ISIS”) attack victim’s family who sought to hold Twitter, and other social media platforms, accountable for aiding and abetting ISIS. The family alleged that...
By Elizabeth Manchester Introduction: As the Supreme Court prepares to rule on two landmark affirmative action cases (Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina), auditing restricted use scholarship funds or program funds becomes increasingly important. Educational institutions and affiliated entities must...
By Michael A. Gamboli and Alicia J. Samolis Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera during video calls. While the ADA accommodation process is exploited by...
By Madeline Ursini and Brian J. Reilly The Department of Commerce’s Bureau of Economic Analysis (“BEA”) conducts a benchmark survey on foreign direct investment every 5 years. The BE-12 survey is the BEA’s most comprehensive survey and produces statistics on the scale and effects of foreign-owned business activities in the United States. The most recent...
By Madeline Ursini, Brian J. Reilly and Lawrence J. Sheh In 2021, as part of the Anti-Money Laundering Act of 2020, Congress enacted the Corporate Transparency Act in an effort to prevent and combat illicit activities such as money laundering, terrorist financing, corruption, and tax fraud. In furtherance of this goal, beginning on January 1,...
On February 21, 2023, the National Labor Relations Board (“Board”) ruled that an employer violated its employees’ rights under federal law by offering severance agreements that included standard confidentiality and non-disparagement provisions. By way of background, Section 7 of the National Labor Relations Act (“NLRA”) protects the rights of non-management employees to engage in “concerted...
By Eugene G. Bernardo II and David M. DiSegna Legislation has been introduced in the United States House and Senate entitled the “No Tax Subsidies for Stadiums Act of 2023,” which would eliminate the tax exemption for bonds used to finance professional sports stadiums. The companion bills were introduced by Senators Lankford (R-OK) and Booker...
By Paul M. Kessimian, Christian R. Jenner and Hannah Y. Amadei The duty to preserve potentially relevant documents and electronically stored information is an important obligation that arises in litigation, and one that litigants and their attorneys must not take lightly. But at what point does this duty arise? In a recent decision, Judge Salinger of...
President Biden recently signed into law the Secure 2.0 Act of 2022. The Act contains, in part, an expansion of the rules for qualified charitable distributions. A qualified charitable distribution (“QCD”) is a direct transfer of funds from an individual retirement account to a qualified charity. Two of the highlights, which are effective for the...
In the December 5, 2022 opinion (Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153), the Massachusetts Appeals Court considered whether a commercial landlord can collect accelerated rent upon a tenant default, specifically when the landlord is also collecting rent from a new tenant for the same premises. Surprising many commercial real estate professionals, the...
