New England Biz Law Update

On November 16, 2018, the U.S Education Secretary Betsy DeVos released proposed regulations designed to overhaul how colleges address allegations of sexual misconduct. The long-awaited rules—leaked drafts of which have been circulating since August—include major changes, such as a more limited definition ...

In 2017, Massachusetts enacted a supplemental appropriations bill providing for the creation of an employer healthcare coverage form that Massachusetts employers with six or more employees would be required to submit annually. Recently, the Massachusetts Department of Revenue (DOR) released ...

On October 10, 2018, the Department of the Treasury, which oversees the Committee on Foreign Investment in the United States (“CFIUS”), released interim regulations to implement portions of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which was ...

In an important, but expected move, the National Labor Relations Board has issued a proposed rule revising the legal test that is used to determine whether two employers are considered “joint employers” under the National Labor Relations Act.  Consistent with ...

On October 19, the Department of Justice (DOJ) announced that it settled allegations that a Florida-based mortgage lender violated the False Claims Act (FCA) by falsely certifying that it complied with Federal Housing Administration (FHA) mortgage insurance requirements for certain loans originated between 2006 ...

Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. Normally, after a bankruptcy petition is filed, the Bankruptcy Code’s automatic stay enjoins other actions against the ...

In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy’s seat, it’s business as usual at the U.S. Supreme Court as the justices kicked off a new term on Oct. 1. Does the ADEA’s 20-employee ...

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which was signed into law by President Trump on Aug. 13 as part of the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”), expands the jurisdiction and ability of the Committee ...

By now, many employers are aware that Massachusetts law governing non-competition agreements is changing at the end of this month. A non-competition covenant or agreement is a provision in either an employment agreement, offer letter or separate agreement where an ...

On September 7, 2018, the Massachusetts Supreme Judicial Court refused to enforce a non-competition and non-solicitation agreement between a Massachusetts company and its California-based former employee who joined the employer’s competitor in California. The SJC reached this decision, in Oxford Global ...