The New Administrative False Claims Act: Key Amendments and Implications

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year 2025 (FY 2025 NDAA) (P.L. 118-159) was signed into law. Among its numerous provisions, the FY 2025 NDAA revitalizes an existing but underutilized fraud enforcement mechanism: the Administrative False Claims Act…

Six Essential Tips for Avoiding the Unlawful Influence of Government Actions

  • Post category:Seyfarth Shaw LLP
  • Reading time:6 mins read

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips to help government contractors recognize and prevent the unlawful influence of government actions. Contractors working in the federal marketplace face unique challenges, from avoiding improper gifts to ensuring compliance…

New Year, New Penalties: OSHA and USEPA Increase Penalties

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2024…

FTC Announces 2025 Hart-Scott-Rodino Act Thresholds and Filing Fees

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that exceed this $126.4 million threshold may need to be reported to the FTC and U.S. Department of…

OEMs Might Soon Get Clarity On Massachusetts and Maine Right to Repair Laws

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical data in vehicles that utilize telematics systems.  In Massachusetts, a constitutional challenge that has been…

From Waste to Wealth: Navigating the Ownership of Produced Water and Lithium in Texas

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

The ownership, use, and monetization of produced water have rapidly transformed what was once a liability into a valuable asset, creating significant legal and economic uncertainty for operators and landowners alike. With advancements in water recycling technologies and operators discovering new revenue opportunities from produced water byproducts, disputes surrounding produced…

Massachusetts Pay Data Reporting Deadline Almost Here – What do Employers Need to File?

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

Seyfarth Synopsis: The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though (in most instances) those forms do not contain employee compensation data. As we…

January 2025 Visa Bulletin: Key Highlights and Implications

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

By: Dawn Lurie, Mahsa Aliaskari, and Brooke Gary Along with the New Year, January 1st also marks the implementation of a new Visa Bulletin by the U.S. Department of State. Each month, the United States Immigration and Citizenship Services (USCIS) chooses whether it will follow the Dates for Filing Visa…

2024 Year in Review – Hong Kong Employment Law

  • Post category:Seyfarth Shaw LLP
  • Reading time:22 mins read

The year 2024 brought about notable changes in employment law in Hong Kong. This article provides a brief overview of the key developments that occurred over the past year and a look forward at the expected changes as we transition into 2025. For the full version of this article, please…

Federal District Court Dismisses Another 401(k) Forfeitures Suit

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

Seyfarth Synopsis:  Since September 2023, there have been at least 25 lawsuits filed claiming the ability to choose between using 401(k) forfeitures to reduce plan expenses or the plan sponsor’s contributions is a fiduciary choice, and that choosing to reduce the plan sponsor’s contributions constitutes a violation of ERISA’s fiduciary…

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

  • Post category:Seyfarth Shaw LLP
  • Reading time:13 mins read

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with U.S. immigration regulations. To avoid potential fines, penalties, or jeopardizing the status and work authorization of H-1B employees,…

Additional Protections for Seattle App-Based Workers Take Effect On January 1, 2025

  • Post category:Seyfarth Shaw LLP
  • Reading time:6 mins read

Seattle continues to expand protections for app-based workers (sometimes referred to as “gig workers”) working within the City of Seattle with its new App-Based Worker Deactivation Rights Ordinance.  Overview of the New Ordinance Effective January 1, 2025, the City of Seattle’s “Ordinance relating to app-based worker labor standards; establishing labor…

(Smart)Watch Out! The EEOC’s Take on Wearable Tech

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

By: Taylor Iaculla, Yoon-Woo Nam, and Andrew L. Scroggins Seyfarth Synopsis: On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet describes some of the technologies employees may be…

EPA-pocalypse Now!

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in the environmental sector, including budget cuts and staff reductions at USEPA, and the rollback of key policies from the Obama…

FTC Posts $20 Million Settlement With Dealer Group For Alleged Deceptive Practices

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around Bloomington, Illinois, for alleged unfair and deceptive acts and practices in connection with the sale of motor vehicles…

FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees. Guardian, which operates in New York and…

Here We Go Again? Government Shutdown and Impacts on Immigration

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases. During a shutdown, all but “essential”…

Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from telematics-equipped vehicles.  Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that “use…

The Emerging Law on Women’s Advancement Programs and Transgender Rights: A Cross-Border Perspective

  • Post category:Seyfarth Shaw LLP
  • Reading time:10 mins read

The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in employment law systems and has generated much controversy. Notwithstanding this, many global companies seek to support and promote…

DHS Announces Permanent Increase of Automatic EAD Extensions

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13, 2025. Background on the History of Automatic EAD Extensions The automatic extension of EADs was first…

Understanding the New Exchange Visitor Skills List Update

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

By: Andrea Davis The U.S. Department of State announced a significant update to the Exchange Visitor Skills List, effective as of December 9, 2024.  This action is in response to an Executive Order issued last year, in which the Biden Administration gave instructions to “consider initiating a rulemaking to establish…

What’s in a (Band) Name? Why Bands Need Trademark Registrations

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got plenty of music to digest in the meantime. To my…

Imminent Employment Law Changes for Illinois Employers

  • Post category:Seyfarth Shaw LLP
  • Reading time:13 mins read

By: Erin Dougherty Foley, Sara Eber Fowler, Taylor Iaculla, Ridhima Bhalla, and Hannah Sosenko Seyfarth Synopsis: On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of…

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

Seyfarth Synopsis: Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against related defendant-companies that are closely tied to the arbitration agreement cannot not be separated for…

Year-End Estate Planning for 2024

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and other transfers now may allow you to leverage your exclusions and exemptions, freeze…

Shifting Supply Chains: How Trump’s Trade Policies May Reshape Global Warehousing and Logistics

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

The re-election of Donald Trump has renewed focus on policies prioritizing American interests. The “America First” agenda is expected to impact the logistics industry, both domestically and globally. As the new administration transitions in January 2025, stakeholders must assess the potential ramifications of these policies. By examining anticipated changes in…

Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back

  • Post category:Seyfarth Shaw LLP
  • Reading time:8 mins read

Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in merger and acquisition activity, as companies feel more confident in pursuing significant deals without the fear of stringent regulatory intervention.…

Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

Scott Graham, Unsplash Tuesday, December 17, 20241:00 p.m. to 2:00 p.m. Eastern12:00 p.m. to 1:00 p.m. Central11:00 a.m. to 12:00 p.m. Mountain10:00 a.m. to 11:00 a.m. Pacific Register Here About the Program Join us for the final installment of Seyfarth’s 2024 Trade Secrets Webinar Series, where our panel will provide…

Get Your Wallets Ready – The Price of Patents Are Going Up!

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

Attention, inventors, in-house counsel, and anyone with a vested interest in the world of intellectual property: the USPTO just issued its final rule for patent fees. This is a follow-up to the 2023 proposal—but with a slightly softer landing. Starting January 19, 2025, the cost of securing those all-important patent…

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

  • Post category:Seyfarth Shaw LLP
  • Reading time:6 mins read

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party ground service provider for airlines (i.e., a “derivative carrier”). Deviating from nearly 40 years of history,…

OFCCP Releases FY 2025 Corporate Scheduling Announcement List and Scheduling Methodology

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2025 Corporate Scheduling Announcement List (Release 1) (“CSAL”) today.  This list provides advance notice of 2,000 compliance reviews, which OFCCP plans to schedule although the exact timing is unclear.  Federal contractors and subcontractors should review the list…