Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Reath LLP
Certain Express Misrepresentation Consumer Fraud Act Claims and Product Liability Claims May Coexist According to NJ Supreme Court | Lexology
In the case on certification from the Third Circuit, the New Jersey Supreme Court ruled that claims for express or affirmative misrepresentations under New Jersey’s Consumer Fraud Act (NJCFA) may be brought simultaneously with claims under the New Jersey Product Liability Act (NJPLA). In Sun Chemical Corp. v. Fike Corp., plaintiff Sun Chemical Corporation purchased an explosion suppression system from defendant Fike Corporation.
IRS Guidance on Employer-Based Leave Donation Programs for COVID-19 Relief Organizations | Lexology
In recent years, it has become the norm for the IRS to respond to a federally declared disaster by issuing guidance enabling employers to establish “Leave Donation Programs,” which allow employees to “convert” accrued vacation, sick, or personal leave benefits into an employer-paid monetary donation to a charitable relief organization, without the employee being taxed on the value of donated leave.1 Therefore, it is not surprising, but certainly welcome, that the IRS recently issued Notice...
Effectively Navigating PREP Act Case Law - The Products Liability Perspective | Lexology
Since the federal Public Readiness and Emergency Preparedness Act (the PREP Act) was enacted by Congress in 2005, only a few courts have substantively commented on the Act’s requirements. The PREP Act provides federal immunity against state law tort claims to covered entities that manufacture covered countermeasures used to fight diseases and viruses declared as national emergencies, such as COVID-19. The pivotal case substantively applying the PREP Act’s immunity defense is Parker v.
IRS Obliterates Paycheck Protection Program Loan Tax Benefits | Lexology
Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a qualifying business that receives a Paycheck Protection Program (PPP) loan through the Small Business Administration (SBA) is generally allowed to receive forgiveness of an amount of such a loan equal to eight weeks’ worth of payroll, rent, utilities and certain other documented costs.
Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions | Lexology
A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC Holdings, LLC, et al. v. James W. Hamilton, Jr., et al., C.A. No. 2019-1029-JRS (Del Ch. Mar.
Consider Near- and Long-Term Issues Before Implementing CARES Act Provisions
More than 30 million Americans are out of work because of social distancing measures slowing the spread of the COVID-19 pandemic. One White House economic adviser recently told reporters that the unemployment rate may reach levels last seen during the Great Depression before the pandemic ends.
English High Court Sets out Principles for COVID-19 Adjournments and Time Extensions | Lexology
In a recent ruling of the English High Court, a judge has set out the principles which the English Courts should apply when considering applications to adjourn hearings and for extensions of time made against the background of the COVID-19 pandemic. The principles provide useful context for parties choosing to litigate in these uncertain times.
FAQs on COVID-19 Group Health Plan Coverage Implementation | Lexology
The Department of Labor (DOL), the Department of Health and Human Services (HHS), and the Department of the Treasury (collectively, “the Departments”) issued Frequently Asked Questions for health plans implementing coverage changes under the Families First Coronavirus Response Act (Families First Act) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Own a Tax-Exempt Property? Be Sure to Timely File Your Applications | Faegre Drinker Biddle & Reath LLP - JDSupra
Real Estate - Residential Must Your Association Ban Smoking As A Reasonable Accommodation? NO by Daniel Miske | Husch Blackwell LLP Condominium Associations, Condominiums, Reasonable Accommodation, Smoking Bans Own a Tax-Exempt Property?
Own a Tax-Exempt Property? Be Sure to Timely File Your Applications | Faegre Drinker Biddle & Reath LLP - JDSupra
Real Estate - Residential Must Your Association Ban Smoking As A Reasonable Accommodation? NO by Daniel Miske | Husch Blackwell LLP Condominium Associations, Condominiums, Reasonable Accommodation, Smoking Bans Own a Tax-Exempt Property?
Indiana Tax Court “cannot ignore the parties’ and the Indiana Board’s misapprehension of the law” - applies 1% tax cap to residence that was eligible for (but not entitled) to homestead standard deduction. - Lexology
Owner was denied the homestead standard deduction for 2013 for a home that she purchased in 2011. The property received the deduction for 2011, 2012 and 2014 – but not for 2013. That oversight was initially challenged by Owner in her First 2013 Appeal. In 2015, the Indiana Board of Tax Review agreed the property qualified as a homestead as Owner’s principal place of residence, but Owner failed to show that she either had properly applied for or was exempt from applying for the deduction.
The SECURE Act and its Impact on Retirement and Estate Planning | Lexology
On December 20, 2019, President Trump signed into law landmark legislation titled “Setting Every Community Up for Retirement Enhancement” Act (“SECURE Act”).1 While the SECURE Act is intended to simplify the retirement system and allow individuals to increase retirement savings, there are several critical changes that will affect many estate planning clients.
President Trump Announces Reduction of Section 301 Tariff Rates and Suspension of Planned List 4B Tariffs
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
White House Rescinds Section 232 Steel and Aluminum Tariff Exemptions for Argentina and Brazil
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Dental Practice Impermissibly Discloses PHI on Yelp | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
USTR Announces Product Exclusion Process for Section 301 List 4A and Forthcoming Exclusions for List 3
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Florida Federal Court Rejects ATDS Allegations, Grants Motion to Dismiss | Lexology
In a text message case, the U.S. District Court for the Southern District of Florida recently granted Atlantic Coast Enterprise, LLC’s (“Ace”) motion to dismiss upon finding that the plaintiff had failed to plausibly allege Ace’s use of an automatic telephone dialing system (“ATDS”). See Turizo v. Jiffy Lube International, Inc., et al., No. 19-61140, 2019 WL 4737696 (S.D. Fla. Sept. 27, 2019) (available here).
As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
World Trade Organization Approves U.S. Tariffs on European Union Goods to Counteract Civil Aviation Subsidies
Thursday, October 3, 2019 The World Trade Organization (WTO) has approved U.S. duties on $7.5 billion in products from the European Union (EU) after ruling that the EU had unfairly subsidized the production of large civil aircraft, such as those produced by Airbus.
DOL Increased Minimum Salary for Overtime Exemption: $35,568
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete
Tuesday, September 17, 2019 There are many notable east coast-west coast rivalries. In sports (Celtics versus Lakers basketball), in leisure (Atlantic versus Pacific beaches), or in food (Shake Shack versus In-N-Out Burger), to name a few. With respect to restrictive covenants, the conflict between Delaware, which is generally considered a “pro-enforcement” jurisdiction, and California, which is generally considered an “anti-enforcement” jurisdiction, definitely stands out in the crowd.
Applications for Customs Duty Exemptions under the Miscellaneous Tariff Bill Are Due Soon
Tuesday, August 27, 2019 On August 27, the US International Trade Commission (USITC) published amended rules and procedures for the preparation and filing of Miscellaneous Tariff Bill (MTB) petitions and public comments. The new rules take effect on September 26, 2019, signaling the imminent opening of the 60-day filing period for the next round of MTB petitions—anticipated to begin on or after October 15, 2019.
Update on List 4 Products Subject to Section 301 Tariffs and the U.S.-China Trade Negotiations
August 23, 2019 FDIC Approves Amendments to the Volcker Rule by: Kevin M. Foley and Guy C. Dempsey, Jr. Update on List 4 Products Subject to Section 301 Tariffs and the U.S... by: Customs & International Trade Group State Updates Website on Employer Reporting for New Jersey Health... by: Tzvia Feiertag and Rina Fujii Beltway Buzz, August 23, 2019 by: James M. Barrett SEC Announced Charges for Regulation FD Violations by: Mark J. Reyes and Mark D. Wood Alexa: What is venue? by: Andrew H.
The SECURE Act and Guaranteed Retirement Income in Plans | Lexology
By now you have probably seen a number of articles about the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019) and its safe harbor for guaranteed retirement income in 401(k) plans. Some have favored the safe harbor, while others have criticized it. In either case, the authors appear to contemplate that participants will be buying individual annuities at retail prices.
USTR Finalizes Fourth List of Products from China that are Subject to Additional Duties
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
President Trump Announces Additional Section 301 Tariffs on Imports from China
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Landmark Chicago “Fair Workweek” Ordinance Entitles Employees to Pay for Schedule Changes and Lost Work Hours
Friday, July 26, 2019 On July 23, 2019, the Chicago City Council passed the controversial Chicago Fair Workweek Ordinance (the Ordinance). Once Chicago Mayor Lori Lightfoot, a vocal proponent of the Ordinance, signs it into law, the Ordinance is scheduled to take effect for the majority of covered employers on July 1, 2020.
U.S. Trade Representative Initiates Section 301 Investigation of French Digital Services Tax
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
By Clicking Continue . . . | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Growing Pains: The Story Behind Florida’s Daubert Arc - Part 3 | Lexology
You can find the first two parts of this story here and here. In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702.
Growing Pains: The Story Behind Florida’s Daubert Arc - Part 2 | Lexology
You can find the first part of this story here. The Aftermath of Marsh When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the mainstream. Florida law was starkly at odds with the reliability concerns addressed by Daubert and its progeny and counterparts.
USTR Launches Exclusion Request Portal for Third Tranche of Section 301
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Part 23 of “The Restricting Covenant” Series: Legislative Limitations
Tuesday, June 4, 2019 This latest installment of The Restricting Covenant series highlights the significant changes coming to Washington State regarding non-compete agreements (it’s a game changer), as well as similar legislation (passed and proposed) in other states including Massachusetts and New Jersey. Employers surely will feel the ripple effect of Washington’s new sweeping law on non-competes.
The Administration Will Impose Additional Duties on Imports from Mexico Starting on June 10, 2019
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
USTR Issues Draft Exclusion Request Forms for China Section 301 List Three Tariffs
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
President Trump Prohibits Most Trade and Transactions with Huawei of China and Sets the Stage for Similar Actions against other Chinese IT and Telecom Companies
Thursday, May 16, 2019 On May 15, 2019, President Trump issued an Executive Order (EO), “Securing the Information and Communications Technology and Services Supply Chain.” The EO directs the U.S. Department of Commerce to lead an interagency effort to develop and implement regulations that will prohibit a wide range of transactions with entities that are determined to be “controlled by, or subject to” the jurisdiction of “a foreign adversary.” These terms are not defined in the EO but it is...
U.S.-China Trade Talks Fail; Customs and Border Protection Clarifies Treatment of Entries of Section 301 Products Currently in Transit
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Duty Increase and Exclusion Process for List 3 and Imposition of New Duties under List 4 are Administration’s Next Steps for China Section 301 Tariffs
Wednesday, May 8, 2019 The Office of the United States Trade Representative (“USTR”), in response to new developments in negotiations with China and directions from President Trump, is preparing to impose additional duties on Chinese imports under Section 301 and will announce an exclusion process for the $200 billion in Chinese imports covered under the September 21, 2018 Federal Register notice (“List 3”).
Part 22 of “The Restricting Covenant” Series: No-Poaching Agreements
Thursday, April 11, 2019 Not too many topics related to restrictive covenants gain buzzworthy status. However, when state and federal governmental agencies and class action attorneys start filing lawsuits nationwide, and Fortune 500 companies in various industries start settling and agreeing to change the way they do business, well, that usually generates some buzz and attention.
2Q19: What Do Judges and Plaintiffs’ Attorneys Focus on in ERISA Litigation?
Second Quarter 2019 By Fred Reish Fred Reish examines recent court cases that contain valuable lessons for plan sponsors. Fred Reish is an ERISA attorney whose practice focuses on fiduciary responsibility, retirement income, and plan operational issues. He has been recognized as one of the “legends” of the retirement industry by both PLANADVISER magazine and PLANSPONSOR magazine.
Employee Handbooks - Part 1: Anti-Harassment Policies and Training in the #MeToo Era | Lexology
Late last month, we previewed our upcoming series of blog posts discussing Employee Handbooks – What’s New and Why Does it Matter? If you happened to read that post, then you know we introduced the topics for parts one through six of our handbook series. We will now embark on part one of our journey to the land of employee handbooks. This journey will have several other stops along the way, but for now our topic is anti-harassment policies and training in the #MeToo era.
Employee termination law in New Jersey | Lexology
Global, USA
February 11 2019 Use the Lexology Navigator tool to compare the answers in this article with those for 20+ other jurisdictions. Discipline and termination State procedures Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures? New Jersey has no state-specific laws regarding discipline and grievance procedures. At-will or notice At-will status and/or notice period? New Jersey is an employment at-will state.
Part 21 of “The Restricting Covenant” Series: The Economic Loss Doctrine and Non-Competes
Thursday, February 7, 2019 In this article I discuss a lesser known judicially created doctrine that is equal parts confusing in application and sweeping in scope for litigants involved in restrictive covenant disputes – the Economic Loss Doctrine (ELD). Origins of the ELD The ELD is a judicially created rule of state law that originated in product liability and breach of warranty cases (see, e.g., Seely v. White Motor Co. (Cal. 1965) and East River S.S. Corp. v. Transamerica Delaval, Inc. (U.S. Sup.
Three Reasons NOT to do a Full Trademark Search | Lexology
What? A trademark lawyer suggesting that you needn’t always conduct a full-scale trademark search before you file a new trademark application? Isn’t that tantamount to driving without a seat belt? Hear us out. Longstanding brands. Say you’ve been using a brand name or logo nationally for a long time, and just never got around to registering it. Nobody’s ever objected, and you have no evidence that anyone else is using a similar brand.
Philadelphia Fair WorkWeek Legislation Passed
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Part 20 of “The Restricting Covenant” Series: Radius, The Raven, and Restrictive Covenants
Wednesday, December 5, 2018 Read Part 19 You’re probably reading the title of this article and saying, “He’s gone bonkers! What does ‘radius’ and Edgar Allan Poe’s poem ‘The Raven’ have to do with restrictive covenants?” This article is for all you inner mathematicians and geometry aficionados. More to the point, it is for those who draft, interpret and litigate non-compete agreements that contain geographic restrictions.
SCOTUS to Weigh in on Hobbs Act and Prior Decision in TCPA Case
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Part 19 of “The Restricting Covenant” Series: Clickwrap Covenants Not to Compete
Thursday, November 15, 2018 Read Part 18 If you are one of the billions of smartphone users worldwide, I bet you recently downloaded a mobile app and clicked “I agree” to the app’s terms of use or service. Did you actually read all (any) of the terms before you agreed?
Part 18 of “The Restricting Covenant” Series: Court Reporters and Covenants Not to Compete
Most litigators will attest that court reporters and transcribers are essential to the litigation process because they provide a verbatim record of depositions and other court proceedings. Court reporters are extremely patient, courteous, and obviously great listeners. Often times, we lawyers tend to have our “favorites” – you know, the court reporters who you work with repeatedly because they pick up your preferences and other linguistic quirks.
Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants
At least once a month I receive a postcard in the mail from a local, regional or national realtor about homes sold recently in my neighborhood. These glossy postcards typically feature a specific real estate agent with his or her photo, name and telephone number. What these postcards don’t tell you, however, is whether the agent is subject to a non-compete agreement.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Reath
Contact Reath, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack