A pair of recent studies reported here indicates that the pandemic-related remote workforce trend shows signs of reversal. According to a recent survey conducted by the U.S. Department of Labor, 72.5% of business establishments reported that their employees teleworked rarely or not at all in 2022. That number was 60.1% in 2021. A second survey
New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the perceived limitations of the statute exposed during the COVID-19 pandemic and subsequent economic turbulence triggered by supply chain bottlenecks and record inflation. Public comments on the proposed rules are due May 1, 2023.
Everything, everywhere, all at once, as a descriptor, captures the litigation and regulatory risks for the asset management industry in 2023. Every corner of the market faces greater risks than at any time since 2008. After years of breakneck growth fueled by low interest rates and a largely laissez faire regulatory regime, significant change is here.
On February 15th, the Commission to Reimagine the Future of New York’s Courts’ Pandemic Practices Working Group (PPWG) issued a report evaluating the court system’s response to the pandemic and calling for, among other recommendations, the expansion of remote proceedings, enhancement of the court’s technological capacity, and an increase in court staffing. Beginning last summer, I had the privilege along with other Proskauer attorneys of assisting the PPWG with its information-gathering efforts and with drafting the report.
Last week, hundreds of lawyers and staff gathered across Proskauer for the 15th Annual Golden Gavel Awards ceremony to honor those who have made significant contributions to the Firm’s pro bono, corporate social responsibility and Diversity, Equity & Inclusion efforts this past year. The evening began with a special guest. Preet Bharara, the former United States Attorney for the Southern District of New York, shared insights from his time in office, impressed the importance of public service, and addressed several issues he raised in his best-selling book Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and The Rule of Law. Also of note were remarks from Labor & Employment associate Godfre Blackman who is currently serving as the Firm’s NAACP Legal Defense and Educational Fund (LDF) Fellow. As part of the Firm’s Collaborate for Change initiative, Proskauer created this fellowship for one of our associates to work directly with the LDF on strategic matters focusing on eliminating disparities and achieving racial justice and equality.
As previously discussed, the Pension Benefit Guaranty Corporation (the “PBGC”) issued final regulations in July 2022 for plans that receive special financial assistance (“SFA”) under the American Rescue Plan Act of 2021 (“ARPA”). Among other things, the regulations imposed special withdrawal liability rules on plans that receive SFA – including a phase-in period for
The Biden Administration recently announced that the COVID-19 National Emergency will end on May 11, 2023. This means that the requirement to extend various benefit plan deadlines due to the COVID-19 pandemic will end as well.
By way of brief background, early during the pandemic, the U.S. Departments of Labor and Treasury adopted relief pursuant to
After multiple extensions over the past three years, on Monday, January 30, 2023, President Biden announced that the COVID-19 national emergency and public health emergency (“PHE”) will officially end on May 11, 2023.
However, with less than four months until that date, providers must quickly review their operations and ensure their continued compliance with
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The Court dismissed a Sherman Act claim, but allowed most other claims to proceed. Of particular note, Amazon’s “most favored nation” (MFN) policy will continue to be under scrutiny, despite the fact that courts typically do not find MFNs to be anticompetitive. It is widely recognized that MFNs, in fact, often serve procompetitive purposes.
On January 10, New York’s Governor, Kathy Hochul, delivered the 2023 “State of the State” address. The address featured a number of health care reform initiatives—a strong indication that New York will prioritize health care issues and spending in the year ahead. Below is a summary of Governor Hochul’s big-ticket health care agenda items.