Legal Updates

California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions

California Governor Gavin Newsom recently signed into law SB-331, which imposes restrictions on the non-disclosure and non-disparagement provisions that employers can include in agreements with employees.While California law already included restrictions on such provisions, the law expands these prohibitions further. Read more…

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Grassi in Crain’s Cleveland Business Tax Tips: Early termination of the Employee Retention Credit and potential personal liability

McDonald Hopkins member Carl Grassi authored the December 12 edition of Crain’s Cleveland Business’ Tax Tips on “Early termination of the Employee Retention Credit and potential personal liability.”

In the article, Grassi warns, “The early termination of the ERC could cause problems for those businesses that already monetized the credit for wages paid beginning Oct. 1, 2021. The ERC is claimed on the Form 941 quarterly payroll tax return, but the rules allow a business to monetize the credit early by retaining the federal payroll taxes withheld from its employees’ wages, rather than depositing the money with the IRS. As a result, some businesses will not have deposited their tax withholding obligations for Q4 2021 in anticipation of receiving the credit.”

You can read the entire piece at CrainsCleveland.com by clicking here.

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Non-compete agreements are enforceable – to the extent they are reasonable

This article is part of a McDonald Hopkins series on developments in restrictive covenant law that dives deeper into how employers can protect their business interests in light of state – and potentially federal – limitations, strategies for revising employers’ non-compete and non-solicitation agreements, and other topics that will help businesses navigate the changing landscape of employee restrictive covenants.


The Michigan Court of Appeals recently reiterated a common sentiment among courts across jurisdictions – “non-competition agreements are only enforceable to the extent they are reasonable.” Read more…

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Podcast: No Surprises Act: New Rules and Guidance for Stakeholders (Part 1) – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  The No Surprises Act (NSA) will go into effect on January 1, 2022. Since our last episode on the topic, the federal government has issued additional interim final rules and guidance to implement the NSA, including the second interim final rule. In addition to describing how the NSA interacts with the plan external review procedures, the second interim final rule describes the independent dispute resolution (IDR) process and how the IDR’s determination is made.

Attorneys Helaine FingoldLesley Yeung, and Alexis Boaz dive into how these changes impact entities subject to the NSA’s balance billing prohibitions.

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Feasibility of Non-Fungible Tokens in anticipation of the Cryptocurrency Bill, 2021

Introduction

Non-Fungible Tokens (“NFTs”) are, in simple terms, digital blockchain tokens that indicate ownership of objects, digital or physical in nature, which could be a photograph, painting or music. There is a lot of excitement around this innovation as use of NFTs have dual benefits: firstly, the authenticity and uniqueness of the object is endorsed under the particular NFT, and secondly, NFTs facilitate sales using smart contracts thereby improving the end-user experience. NFTs prima facie enable their creators to access the entire global market without the restrictions and legal implications associated with cross-border payments.1 NFT technology maintains a distributed ledger (also known as a blockchain) which records all the transactions details and ownership particulars of the digital asset. This recording of transactions by the blockchain with no conceivable expiry date also enables the artists to monitor the value of their “on sale” work while also tracking future sales/auctions and any royalties owed to the artist in relation to their work.

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Video: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification – Employment Law This Week

As featured in #WorkforceWednesday: This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.

HIPAA, Employee Privacy Protections, and COVID-19

Regulations for employee COVID-19 vaccination or testing remain in limbo, but many employers are crafting policies to ensure that they are keeping employee vaccination and testing information confidential, regardless of what happens in the courts. Attorney Denise Dadika tells us more.

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TEMPORARY EXEMPTIONS FROM CERTAIN BASE SHELF REQUIREMENTS

Certain large issuers may soon be able to file a final base shelf prospectus without first filing a preliminary one. On December 6, 2021 the Canadian Securities Administrators (“CSA“) published temporary exemptions from certain base shelf prospectus requirements for qualifying issuers. The exemptions, which go into effect on January 4, 2022, only capture large reporting issuers, termed “well-known seasoned issuers” (“WKSIs“).

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Llinks Legal Alert – Labor & Employment Law(November 2021)

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.

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WHY APPLICATIONS TO A REGULATED INDUSTRY ARE NOT AS SIMPLE AS THEY SEEM

Introduction

Ontario does a very good job regulating certain business sectors in order to ensure a fair marketplace and consumer protection. Three of Ontario’s most common regulated industries are motor vehicle sales, governed by the Motor Vehicle Dealers Act and the Ontario Motor Vehicle Industry Council (“OMVIC“); real estate sales, governed by the Real Estate and Business Brokers Act and the Real Estate Council of Ontario (“RECO“), and; cannabis sales, governed by the Cannabis Licence Act and the Alcohol and Gaming Commission of Ontario (“AGCO“), which also governs liquor licencing.

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CLIENT FOCUSED REFORMS: UPCOMING DEADLINE

As of December 31, 2021, certain amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (the “Rule“) and its Companion Policy, known as the Client Focused Reforms (“CFRs“) are coming into force. The CFRs must be implemented by registered dealers and advisers. Registrants will be required to update their internal policies and practices to be in compliance with the CFRs. This article serves as a reminder about the upcoming changes and summarizes the amendments.

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