By Paul Yovanic and Kristine R. Argentine Seyfarth Synopsis: We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois. Yesterday, the Illinois Senate took a decisive step by passing Senate Bill 2979, aimed at refining the statutory damages outlined in BIPA to a single recovery for each individual under the Act. This bill seeks to address concerns raised by recent legal interpretations, particularly in light of the Illinois Supreme Court’s decision in Cothron v ..read more

By Jesse M. Coleman and Eron Reid Seyfarth Synopsis: On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on Bank Merger Transactions. Among the proposed revisions, the agency’s proposal will prohibit non-compete agreements in bank mergers in which the selling bank is required to divest all or a portion of its business lines or branches. The FDIC is one of three federal banking agencies charged with responsibility for ..read more

Apr. 17, 2024  – As most California employers are now aware, a new workplace violence law (SB 553) requires essentially all CA employers to develop and implement written Workplace Violence Prevention Plans and training by July 1, 2024. The new requirements will be enforced by Cal/OSHA. Cost  –  There is no cost to attend, but registration is required. REGISTER HERE Join us for a two-part webinar series as attorneys from our Workplace Safety team guide you through what is new and how to prepare. Webinar 10:30 a.m. to 11:00 a.m. Pacific 11:30 a.m. to 12:0 ..read more

By Amy Abeloff, Owen Wolfe, and Lauren Gregory Leipold Seyfarth Synopsis: A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs (if you need to catch up on these lawsuits, we recommend our video blog here).  In most cases, the creators don’t know for sure whether the AI companies copied their works, although they allege that copying can be inferred based on the AI programs’ outputs.  But a new law in the EU may soon provide creators with a mechanism to find out if their works hav ..read more

By Jean M. Wilson and Pamela Q. Devata Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed by Governor Maura Healey. If passed, the law would go into effect January 1, 2025. Key Provisions Scope of Restriction. The proposed law, titled “An Act Reduc ..read more

By Matthew J. Gagnon Seyfarth Synopsis: We are pleased to announce the publication of the latest edition of Developments in Equal Pay Litigation, available as an eBook here. This report contains our annual analysis of trends and developments in the relentlessly dynamic body of law that is the equal pay litigation and legislation landscape. It was released along with Seyfarth’s 50 State Equal Pay Reference Guide, Global Pay Equity Desktop Reference, and Pay Transparency Wage Range Disclosure Compendium reports. We hope our readers will find these resourc ..read more

By Jason Priebe and Danny Riley Seyfarth Synopsis: The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and collaboration. For years, there has been debate about how platforms like Microsoft 365, formerly Office 365, could be deployed in a way that complies with the GDPR processing and transfer restrictions. And it turns out that even the European Commission (EC) itself can apparently get it wrong. In a su ..read more

By Diane Dygert Seyfarth Synopsis: In 2024, we commemorate a significant milestone in the landscape of employee benefits law: the 50th Anniversary of the Employee Retirement Income Security Act (ERISA). Enacted on Labor Day in 1974 by President Gerald Ford, ERISA has since served as a cornerstone in safeguarding the retirement and welfare benefits of American workers. Here at Seyfarth, our employee benefits team is thrilled to embark on a celebration of this momentous occasion. Join us as we delve into the evolution of ERISA over the last half-century, sharing insights on its historical ..read more

By Marcus Mintz and Andrew Escobar Seyfarth Synopsis: Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and independent contractors. As we previously described. Washington’s original statute: Requires advance notice of non-competes “no later than the time of the acceptance of the offer of employment,” and “independent consideration” for any non-compete entered after commencement of employment; Only employ ..read more

By Stanley E. Bloch and Ryan P. Boylan Seyfarth Synopsis: On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any regulations promulgated thereunder, the “CTA”). However, one material difference is that unlike the CTA which applies to many different types of entities, including corporations, limited partnerships, limited liability companies and statutory trusts formed or registered to do business in any state, the NY LLCTA appl ..read more