Publications

As the close of 2022 approaches, we present our annual end-of-the-year “to do list” for plan sponsors to consider as they reflect on the various laws and legal updates enacted over (or effective beginning) the past year. 2021 and 2022 Required Minimum Distributions Under the 10-Year Rule.  In February 2022, […]

On Tuesday, October 11, 2022, the U.S. Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) for a highly anticipated rule involving independent contractor status.  The DOL’s goal with the proposed rule is to provide a “clear explanation of the test for whether a worker is an employee […]

A case involving California’s regulation of pork could imperil states’ ability to regulate other industries, including energy. On October 11, 2022, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross. At issue is the constitutionality of California’s Proposition 12, which prohibits the sale in California […]

At issue in Sackett v. Environmental Protection Agency is whether a wetland lacking continuous surface connection to navigable waters qualifies as “waters of the United States.” On October 3, 2022, the U.S. Supreme Court heard oral arguments in its first case of the term, Sackett v. Environmental Protection Agency. A […]

Kingery Constr. Co. v. 6135 O St. Car Wash, LLC, 312 Neb. 502 (2022). Construction contracts routinely contain arbitration provisions.  Under the Federal Arbitration Act (the “Act”), those provisions can displace the parties’ rights to sue.  9 U.S.C. § 2.  Section 3 of the Act requires courts to stay any […]