Publications

A few weeks ago, in late February 2023, we cautioned employers about a game changing National Labor Relations Board decision severely restricting confidentiality and disparagement clauses in severance agreements.[1] Yesterday, March 22, 2023, the NLRB’s top lawyer published additional guidance on this subject.[2]  General Counsel Abruzzo has now declared: The […]

Preserve the Sandhills, LLC v. Cherry County, 313 Neb. 668 (2023). Nebraska law provides two methods for appealing a county board’s approval or disapproval of a conditional use application.  The appellant may either (1) appeal under section 23-114.01(5) or (2) file a petition in error under section 25-1901.[1]  An appellant’s […]

Employees in 2023 enjoy a target rich environment for challenging their terminations.  Civil rights challenges alleging race, religion, gender and sexual orientation discrimination (among others) are common.  Employees can also assert discrimination based on age, or medical condition, or failure to accommodate.  They can allege retaliation based on FMLA usage, […]

On February 3, 2023, the Antitrust Division of the Department of Justice (DOJ) withdrew its support for longstanding antitrust enforcement safe harbors in the health care industry.[1]  Prior to this withdrawal, from 1993 to the date of withdrawal, when engaging in collaborative efforts or potential mergers or acquisitions, the health […]

Earlier this month, a federal court in the Northern District of Illinois struck a major blow to the ability of the Consumer Financial Protection Bureau (“CFPB”) to expand the provisions of the Equal Credit Opportunity Act (“ECOA”) to prospective applicants for credit products as well as applicants. The case involved […]