In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where the vast majority of plaintiffs were residents of states outside the jurisdiction where the plaintiffs filed the lawsuit. Bristol-Myers involved 678 individual product liability claims…

On Aug. 2, 2021, Governor Phil Murphy announced that New Jersey health care workers in certain state and private facilities must be fully vaccinated against COVID-19 or face consistent COVID-19 testing to help curb the continued spread of the virus. Governor Murphy’s contemporaneous Aug. 2, 2021, press release states the new requirements will apply to…

The New York State Department of Labor in July 2021 issued regulations implementing the Excluded Worker Fund (EWF), approved by the New York Legislature in April 2021. The EWF is a $2.1 billion fund designed to give financial aid to New Yorkers who lost income during the COVID-19 pandemic but were not able to avail…

In May 2021, New York state passed a law governing certain health requirements in connection with returning to work after COVID-19. The New York Health and Essential Rights Act (NY HERO Act) as amended applies to occupational exposure to all airborne infectious diseases, not only COVID-19, and requires employers to adopt standards and procedures that…

The Illinois General Assembly has unanimously passed a bill that will significantly affect the legality of post-employment non-competition and non-solicitation agreements between employers and their Illinois employees entered into after Jan. 1, 2022. Illinois Gov. J.B. Pritzker is expected to sign the bill into law. The bill, Amendment 1 to SB 672, amends the…

Employers – in light of recent action by the Biden administration, it is time to review and evaluate restrictive covenants being used with your workforce. Courts, state legislatures, and the president are increasingly scrutinizing such covenants, including noncompete agreements.

President Joe Biden campaigned on a platform to eliminate and reduce barriers for employees seeking higher…

Changes are coming to the COVID-19 landscape in California. Gov. Newsom recently announced that, as of today, June 15, 2021, “we can start to open up” and engage in “business as usual.” And while hopeful, the announcement is leaving Californians to ask what “business as usual” means. Following is a Q&A with the governor’s responses,…

Much of the business community, along with the rest of the country, was taken by surprise by the CDC guidance regarding mask wearing issued on May 13, 2021. It was unclear how the new guidance, subsequently adopted in many states, would impact public-facing private businesses, which under the guidance clearly had the option to apply…