The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2024 Articles

All the Latest Developments in Health Care Law By W. Eugene Basanta & Michael Lee January 2024 Summaries of recent Illinois health care law cases.
Ban on Employment Non-Competes Fails in New York, But Federal Threat Looms By Troy Sphar & Jay Schleppenbach March 2024 Although non-competes have narrowly survived in New York, at least for now, their continued viability for business is likely to continue to be under fire.
Compliance With the Beneficial Ownership Rule By Kevin J. Stine February 2024 Although the Beneficial Ownership Rule requiring banks to identify and verify beneficial owners of legal entity customers went into effect in 2018, many bank customers are not aware of the rule and resist assembling the information required for the bank to comply with the rule.
The DOL Issues Its Final Independent Contractor Rule By Ellen M. Hemminger & Peter Walrod February 2024 The Department of Labor sets new multi-factor test for determining whether worker is employee or independent contractor under Fair Labor Standards Act. 
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya January 2024 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Food and Our Laboratories of Democracy By A. Bryan Endres & Jessica L. Guarino January 2024 One of the more recent state food regulatory developments is California Assembly Bill 418. Effective January 1, 2027, California will prohibit individuals or entities from engaging in the manufacturing, selling, delivering, distributing, holding, or offering for sale of a food product for human consumption in commerce if it contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3 (erythrosine).
HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations With HIPAA By Jennifer S. Geetter, Daniel F. Gottlieb, Alya Sulaiman, Li Wang, Edward G. Zacharias, & Kyle E. Hafkey April 2024 On February 8, 2024, the U.S. Department of Health and Human Services Office for Civil Rights and Substance Abuse and Mental Health Services Administration jointly issued a final rule to amend the Confidentiality of Substance Use Disorder Patient Records regulations under 42 C.F.R. Part 2.
IDOL’s October 18, 2023 FAQs Provide Additional Guidance on How Employers’ Existing Paid Time Off Policies Can Satisfy the Illinois Paid Leave for All Workers Act’s Requirements By Leigh Jeter & Joelle Juárez March 2024 The Illinois Paid Leave for All Workers Act went into effect on January 1, requiring covered employers to provide eligible Illinois employees with up to 40 hours of paid leave each year.
Illinois Freedom to Work Act By Bernard G. Peters April 2024 A number of states including Illinois have enacted legislation to restrict the ability of an employer to enforce non-compete agreements.
New York Governor Vetoes Bill Banning Non-Compete Agreements By Jonathan A. Wexler February 2024 New York’s Governor Hochul vetoed Senate Bill S3100A, which would have prohibited all non-competition agreements in the state. If passed, New York would have joined a growing number of states to pass laws barring such agreements.
A Q&A and More Delay: IRS Begins to Issue Clarifying Guidance on SECURE 2.0 Provisions By Jeffrey M. Holdvogt, Lisa K. Loesel, & Teal N. Trujillo April 2024 In late December 2023, the Internal Revenue Service issued Notice 2024-2, providing guidance on key provisions of the SECURE 2.0 Act of 2022, which includes more than 90 provisions affecting U.S. retirement plans, many of which are specifically aimed at enhancing savings opportunities for workers.
Seventh Circuit Grants Stay and Expedited Appeal of Order Requiring Samsung to Pay Initial Arbitration Fees for 36,000 Claimants By Allen Garrett March 2024 In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and conditions.