Client Alerts

Last year, nearly a quarter of all cyber incidents worldwide involved ransomware attacks, including attacks on businesses, schools, government agencies and critical infrastructure.  These attacks have generated a debate over whether, and under what circumstances, ransomware victims should be able to look to their insurers to reimburse ransom payments.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”), designed primarily to provide financial relief to millions of Americans as a result of the ongoing COVID-19 pandemic.

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy.  The Executive Order addresses or discusses many aspects of the economy, from labor and employment matters to regulatory licensing and even agricultural concerns.  But one of the key parts of the order takes aim at restrictive covenants prohibiting former employees from competing against their former employer, commonly known as “non-competes.”

Last week, a commercial airline pilot filed suit against Delta Air Lines in the Superior Court of DeKalb County, Georgia alleging that the aviation giant misappropriated a proprietary flight crew communications system he designed. 

We have recently seen a number of headlines regarding “anti-white racism” and there have been a variety of civil rights lawsuits filed by white employees, reporters, and farmers claiming race discrimination.

A lawsuit filed at the Court of International Trade in September of  2020  challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301 List 3 and List 4A duties and its compliance with Administrative Procedure Act requirements in doing so (HMTX Industries LLC et al. v. United States (Court No. 20-00177)) is back in the news this week.

In a highly anticipated 7-2 decision last week, the United States Supreme Court reversed the decision of the Fifth Circuit Court of Appeals declaring the Affordable Care Act (“ACA”) unconstitutional. The Court also remanded the matter to the Fifth Circuit with instructions to dismiss the case. California et al. v. Texas et al. The Court chose to punt on procedural grounds.

It is not an easy time to be an automotive parts supplier. One asks a supplier, “How’s it going?” with trepidation. The optimistic supplier is likely to answer, “So far I haven’t shut down my customer.” The less optimistic responses are best not put in writing.

In Van Buren v. United States, a recently released 6-3 decision, authored by our newest Supreme Court Justice, Amy Coney Barrett, the Supreme Court resolved a long-brewing circuit split in the interpretation of the Computer Fraud and Abuse Act (CFAA).

Across the United States, cities and states are starting to reopen. 

More and more contracts today contain what we call a “shifting attorney fee” provision meaning that the winning party is entitled to collect its out-of-pocket attorney fees and costs as additional damages if the contract is breached. 

Ford’s new purchasing terms (effective 7/1/21) have a long and dense provision addressing antitrust violations.

May 11, 2021 marked the five-year anniversary of the Defend Trade Secrets Act (“DTSA”), which is the first federal trade secret statute with a civil cause of action enacted into law.

President Biden executed the much-anticipated Executive Order on cybersecurity yesterday, highlighting the growing prevalence of cyber attacks and increasing concerns about the impacts these attacks have had on the public and private sectors and Americans’ security and privacy. 

The AFL-CIO has filed the first labor rights petition under the U.S. Mexico Canada Agreement (USMCA) claiming that Mexican company Tridonex, located in the border town of Matamoros has blocked free union elections guaranteed under the USMCA labor provisions.

Over the past year, over 1,300 lawsuits have been filed by insurance carriers and policyholders over the question of whether property policies cover losses incurred by businesses that suffered business interruption due to the COVID-19 pandemic.

On Wednesday May 5th, the Department of Labor (DOL) officially revoked a Trump-era rule that had it gone into effect would have created a new independent contractor test.

On Friday April 30, 2021, President Biden issued a Presidential Proclamation suspending the entry to the U.S. in response to the rise of COVID-19 cases in the Republic of India.

LG Chem and SK Innovation (“SK”) are world-leading designers and providers of battery technology used in the highly competitive automobile marketplace. 

On April 27, 2021, Secretary of Homeland Security, Alejandro N. Mayorkas announced that the REAL ID full-enforcement deadline that was initially scheduled to take effect on October 1, 2021 has been extended to May 3, 2023