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Legislation

Supreme Court Sides with Student Athletes...But What Does That Mean?

On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims…

Supreme Court Rejects Challenge to ACA

The United States Supreme Court today again upheld the Affordable Care Act (“ACA”) with a 7-2 vote, rejecting a challenge to the law by Republican-led states. In a decision by Justice Breyer, the Court reversed a lower court ruling that the law’s individual mandate is unconstitutional. The Court did not reach the merits of the case but held that the challengers did not have legal standing to sue.…

West Virginia Employment Law Worker Classification Act Heads to the Governor for Signature

On March 11, 2021, the West Virginia Legislature completed legislative action on Senate Bill 272, the West Virginia Employment Law Worker Classification Act. The Employment Law Worker Classification Act (the “Act”) establishes a single, statewide standard to evaluate whether an individual providing services to a business is an independent contractor or a bona fide employee. The Act will now head…

Coronavirus Relief Package Offers New Trademark Rules

The president signed into law a multi-trillion-dollar spending and relief package which includes the Trademark Modernization Act of 2020 (TM Act of 2020), making several technical changes to the Lanham Act. The new rules could fundamentally alter how intellectual property owners protect and enforce their rights.

In the United States, with some limited exceptions, a trademark must be used to…

iRobot: Pennsylvania Legislators Legalize Delivery Robots Under Pedestrian Classification

Last month, the Pennsylvania legislature passed Senate Bill 1199 (the “Bill”), which will make it legal for autonomous delivery robots to utilize sidewalks and roadways throughout the state of Pennsylvania. The Bill amends Title 75 of the Pennsylvania Consolidated Statutes, which focuses on vehicles, and allows for Personal Delivery Device  (“PDD”) to access pedestrian areas. Under the Bill a PDD…

Congress Passes COVID-19 Relief Package - WHAT YOUR BUSINESS NEEDS TO KNOW

After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic. President Trump signed CARES into law.

CARES provides relief to businesses in two ways: (1) business interruption loans through…

UPDATED - Kentucky Legislature Responds to COVID-19 with SB 150

Governor Beshear signed Senate Bill 150 on March 30, 2020, which addresses COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. The new law also addresses other issues directly affecting employers.

Unemployment

Codifies the acts undertaken by Executive Order to allow for the expansion of unemployment…

Congress Passes COVID-19 Relief Package - INDIVIDUAL TAX INCENTIVES

After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic. President Trump signed CARES into law.

CARES provides tax relief provisions applicable to individuals, including:

Impact to…

Kentucky Court Closures

By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020.  Only limited emergency matters will be heard.  Courtroom attendance will be limited to only necessary parties and courthouse access is subject to warnings regarding health and travel history.  

Kentucky Court Closures_COVID-19Emergency.pdf

Majority rules: Piercing the Corporate Veil to Reach Non-Shareholders

Is ownership of the company required before an individual be held liable for a corporation’s debts? The Idaho Supreme Court recently addressed this question as a matter of first impression and joined the majority of states holding that ownership is not required, and Idaho courts can pierce the corporate veil to reach non-shareholders if they have substantial control over the company’s operations.…

 

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