The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2023 Articles

7th Circuit Holds Catch-All Provision in Violation of Statutes Exclusion Does Not Exclude Coverage for BIPA Claims By Chris Kentra & Blake Roter July 2023 On June 15, 2023, the U.S. Court of Appeals for the Seventh Circuit held that an insurance policy’s broad catch-all exclusion for alleged statutory violations does not exclude coverage for alleged violations of Illinois’ Biometric Information Privacy Act.
Business Audits, Data Privacy, and Other CLE Topics for In-House Counsel By Margo Lynn Hablutzel November 2023 The Corporate Law Departments Section Council would like your input for continued legal education topics.
EEOC Promulgates Rules Related to Newly Enacted Pregnant Workers Fairness Act By Rachel Bossard & Elizabeth Pall September 2023 The Pregnant Workers Fairness Act, which went into effect on June 27, 2023, requires covered employers to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Five Steps for Performing Due Diligence on an Acquisition Target’s Use of Generative AI By David A. Johnson, Jr. December 2023 Generative artificial intelligence is becoming mainstream and buyers of businesses need to take steps as part of their due diligence to understand and manage the risks associated with this new technology.
Five Ways to Weave ESG Principles Into Your Purpose as a Business April 2023 Five practical ways to weave environmental, social, and governance principles into your business.
FTC Proposed Rule Would Render All Non-Competes Unenforceable By Rachel Bossard & Blake Roter January 2023 On January 5, 2023, the Federal Trade Commission released a notice of proposed rulemaking that would essentially ban employers from using non-compete agreements with employees and independent contractors throughout the United States.
Illinois Biometric Information Privacy Act Issues By William A. Price December 2023 An overview of issues that can arise from the Biometric Information Privacy Act and tips for limiting risk.
Illinois Biometric Information Privacy Act Issues By William A. Price October 2023 An overview of issues that can arise from the Biometric Information Privacy Act and tips for limiting risk.
Illinois Human Rights Commission Rules in Favor of Landlord in Case Alleging Disability Discrimination By James V. Ferolo & Lily Mckay December 2023 In In the Matter of IDHR and Brenda Salgado-Morales and Ross Shrestha, the Illinois Human Rights Commission ruled in favor of a landlord in a case alleging disability discrimination because the tenant failed to notify the respondent of her disability and two emotional support dogs in her rental application.
Illinois Passes Paid Leave Act By Rachel Bossard & Alex Marks February 2023 On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers Act, which will go into effect on Jan. 1, 2024.
Major Retirement Plan Changes in the SECURE 2.0 Act of 2022 By Brian M. Pinheiro March 2023 An overview of the most significant provisions of the SECURE 2.0 Act, which was signed into law in December 2022.
New Salary Threshold for Overtime Proposed By Alex Mark September 2023 On August 30, 2023, the U.S. Department of Labor put forward a rule that would raise the salary threshold under which employees are eligible for overtime pay under the Fair Labor Standards Act.
Notable Recent Insider Trading Updates By Junaid A. Zubairi, Rachel T. Copenhaver, Brooke E. Conner, & Eric Hyla February 2023 The second and fourth Circuits consider the standards required for the U.S. government and its agencies to succeed on insider trading cases. The Department of Justice obtained a guilty plea in the first of many anticipated crypto cases in 2023.
The SEC’s Fast-Approaching Cybersecurity Overhaul for Public Companies and Regulated Entities By Brian E. Finch, David Oliwenstein, & Sarah M. Madigan February 2023 As the SEC staff picks up the pace of cyber investigations, Chair Gensler continues the push to beef up the Enforcement Division’s already meaty toolkit.
Seventh Circuit Affirms Prior Decision Regarding Gender-Affirming Bathroom Use By Jessica Galanos November 2023 In August 2023, the seventh circuit issued its decision in A.C. by M.C. v. Metropolitan School District of Martinsville, affirming the decisions of two lower courts to preliminarily enjoin two Indiana school districts from enforcing their bathroom policies.
Since You Asked: Are FSA Claims Required to Be Substantiated? By Maureen Gammon & Kathleen Rosenow July 2023 Under the tax code, an employee must provide proof from an independent third party that funds used from a health or dependent care FSA were used for eligible expenses. Without proper substantiation, such reimbursements will be included in an employee’s gross income rather than being tax-free.
Strike Two: Court Again Invalidates No Surprises Procedure By D. Finn Pressly & Edward I. Leeds March 2023 For a second time, the U.S. District Court in the Eastern District of Texas has struck down a key provision in the regulations that set forth the dispute resolution procedures under the No Surprises rules.
Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.
U.S. Supreme Court Issues Ruling on the Clean Water Act as to Wetlands By Craig R. Hedin November 2023 On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.
U.S. Treasury Department and Internal Revenue Service Give Employer Sponsors of 401(k) Plans Welcome Relief By Bernard G. Peter October 2023 In August 2023, the U.S. Treasury Department and the IRS issued Notice 2023-62.
What’s on Chief Human Resources Executives’ 2023 Agenda? By John M. Bremen, Amy DeVylder Levanat, & Suzanne McAndrew April 2023 Eight areas of focus that human resources executives expect for this year and their potential implications.