Insights: Results

South Florida’s New Affordable Housing Law

by Gregory Sirico

Best Lawyers weighs in on the recently enacted Live Local Act, which aims to shrink financial gaps and provide affordable housing availability in South Florida.

Whistleblower Legislation Opens the Doors for More International Claims

by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

How to Get a Power of Attorney

by Bryan Driscoll

Learn the steps to set up a power of attorney, the risks of DIY forms and how to choose the right person to act on your behalf.

Sharpening the Sword: What You Need to Know About CASPA

by Eric B. Smith

How the Contractor and Subcontractor Payment Act (CASPA) can radically change the stakes of how you build. Learn what CASPA means for your construction projects and contract disputes.

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

by Andrew E. Tanick

On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act.

Competitive Balance

by Peter Flynn and David Feldman

Major amendments to Canada’s Competition Act were rushed through Parliament this June with scarcely any debate. They will likely have enormous antitrust ramifications—and businesses had better be ready.

Trial Lawyers Fight to Protect Individuals from Abuse

by Esquire Bank

With Esquire Bank's financial support, Elise Sanguinetti was able to challenge and end the Forced Arbitration Act. Her legislation continues to help other trial lawyers attain justice for abuse survivors.

Supreme Court Is Poised to Endorse ‘Implied Certification’ in FCA Cases

by R. Scott Oswald

If a government supplier quietly ignores vital rules but still bills taxpayers as if it had complied, can it be held liable under the federal False Claims Act — even if it never directly lies about its compliance?

Employee vs. Independent Contractor: Which Are You?

by Greg Mansell

The distinction between the two is integral. Misclassifying someone as an independent contractor can have several implications.

Phoning It In

by Ashley C. Pack, Crystal S. Wildeman and Alyson M. St. Pierre

It’s not easy for employers to weigh requests from employees to work from afar, even in the wake of the pandemic. Considerations include COVID-19, vaccinations, the Americans with Disabilities Act and the nature of the job itself.

Piercing Limitation of Liability in the Admiralty and Maritime Context

by Ethan Price-Livingston & David Y. Loh

One of the hallmarks of American admiralty and maritime law is the Limitation of Liability Act, which has been in existence since 1851 and permits a shipowner to limit its liability to the value of the vessel after the casualty.

The Best Defense Against FLSA Lawsuits for Unpaid Overtime

by Maureen E. Carr

Six strategies to avoid costly liability.

Circuit Split: Can Federal Courts Award Lost Profits as Part of a Restitution Order?

by Nicholas Oleski

The Sixth Circuit has ruled against awarding lost profits as restitution to a business forced to close due to a robbery, highlighting a growing circuit split on whether lost profits can be included in restitution orders under the Mandatory Victims Restitution Act (MVRA).

Employment Alterations

by Ariel Beverly

As corporate America continues to grapple with pandemic-induced employment shifts, companies are still facing wage-hour compliance issues. Here’s some advice for navigating a post-pandemic work world.

Brace for Impact

by Ray Young, Jr. and Scott Hetrick

The 2021 independent contractor rule might have major impacts on employers and upend compliance issues, especially as the DOL’s definition of an independent contractor is about to change.