Wilmington, DE (August 19, 2021) –Fourteen lawyers from Connolly Gallagher LLP were selected for inclusion in the 2022 edition of The Best Lawyers in America® in Wilmington, Delaware. The results are based on peer-review evaluations from thousands of eligible attorneys.
As featured in #WorkforceWednesday: This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.
The Shift to Mandatory Vaccinations
The Delta variant of COVID-19 is fueling another new chapter of the pandemic: mandates. Recent federal and state action is driving a trend toward employers mandating vaccines. Read more about state action in California and New Jersey.
Federal District Court Decision Highlights Importance of Thoughtful Drafting in Arbitration Agreements
Employers in the First Circuit know that unconscionability challenges to employment arbitration agreements are commonplace. In Trainor v. Primary Residential Mortgage, Inc., the U.S. District Court for the District of Rhode Island recently addressed an employee’s arguments that an agreement’s venue clause requiring a Rhode Island employee to arbitrate her claims in Utah and a provision excluding certain claims from the scope of the arbitration agreement rendered the arbitration agreement unconscionable and unenforceable. The court rejected the first argument based on the employer’s on-the-record concession that it would agree to virtual arbitration, and the second because the exclusions from the arbitration agreement benefitted both parties and were cabined to limited circumstances. In light of Trainor, employers may want to review their arbitration agreements to preserve their ability to agree to virtual arbitration to moot a challenge to a venue clause and to ensure that any exceptions to the duty to arbitrate are symmetrical and narrowly tailored.
The other day, I saw that someone said that August feels like the Sunday of the year. This feels really true. And bearing that in mind, it can be a good time to use this “Sunday” to prepare for the remaining months of the year – if you’re a preparer-type. With just about two weeks left in the month and a lot of clients and colleagues out on vacation, you may want to take a look around your physical or home office and identify what is working well or where the challenges are, in three different areas, to set yourself up for a successful September.
There has been a recent flurry of movement – both in the courts and in state legislatures – on the marijuana law front across several states. As we previously reported, on February 22, 2021, New Jersey Governor Phil Murphy signed three separate cannabis reform bills into law (NJ A21, NJ A 1897, and NJ A5342/NJ S3454), formally legalizing the use and possession of recreational marijuana in the Garden State. The new laws contain express workplace-related provisions that impact New Jersey employers by establishing non-discrimination rules for recreational cannabis users or marijuana users, codifying that employers do not have a duty to accommodate cannabis use in the workplace, and establishing procedures for employee drug testing. The laws’ employment provisions were effective immediately, but they do not become operative until the New Jersey Cannabis Regulatory Commission (“CRC”) adopts implementing regulations.
The Children’s Advertising Review Unit (CARU) recently released its revised self-regulatory guidelines for responsible advertising to children (the Revised Guidelines). The Revised Guidelines go into effect on January 1, 2022 and address the new media formats directed to children, including digital media, influencer marketing, apps, in-game advertising and social media. Despite these changes, the Guidelines’ core principles, including ensuring advertising directed to children is truthful and not misleading, remain the same. Read more…
Torres Law Launches Torres Trade Advisory to Expand Solutions for Businesses Facing Complex Trade Law Compliance Issues
Keeping with its commitment to provide comprehensive export compliance support to U.S. and international companies, Torres Law, PLLC launched Torres Trade Advisory, an audit, risk, and trade compliance advisory firm.
“Torres Trade Advisory will allow us to boost our collaboration with companies across the industry,” said Olga Torres, Founder and Managing Member of Torres Law, “working with them to resolve the broad range of legal and non-legal challenges they face on a daily basis: compliance with import laws, export controls, and economic sanctions, analyzing and mitigating risks, ensuring continuous operations around the globe, and more.”
The Rajya Sabha on August 9, 2021, passed the Limited Liability Partnership (Amendment) Bill, 2021 (“Bill”). The Bill seeks to amend the Limited Liability Partnership Act, 2008 (“Act”) which regulates limited liability partnerships (“LLPs”). The Bill converts certain offences into civil defaults and changes the nature of punishment for these offences. The Bill, inter alia, coins the expression “small” LLP, provides for appointment of certain adjudicating officers, establishes special courts and intends to promote a start-up ecosystem.
As 18-year-olds across the country prepare to take their first steps into adult life – whether attending college, university, vocational training program, entering the workforce, or taking a gap year – parents of those now-adult-children should be aware there are important legal documents that should be in place to ensure they can continue to be there for their child if needed. Read more…