Press

Legal Alert: EEOC Rescinds 2012 Guidance on Use of Criminal History in Employment Decisions The Equal Employment Opportunity Commission (EEOC) has officially withdrawn its 2012 guidance on employers’ use of criminal history and conviction records for job applicants and employees. In 2012, the Obama-era EEOC issued guidance detailing the interplay of Title VII and the potential for disparate treatment (intentional discrimination) and/or disparate impact discrimination when an employer considers the criminal history or conviction records of job applicants during the hiring process. It did not prohibit employers from considering an individual’s criminal history when making employment decisions, but it warned...

LEGAL ALERT: DOL’s Independent Contractor Rule Nears Finalization The U.S. Department of Labor (“DOL”) intends to revise its independent contractor rule in order to “reduce unnecessary burdens on employers and employees.” The proposed rule, now at the White House’s regulatory review office, is intended to provide greater clarity and predictability to employers and workers and would replace the 2024 classification standard adopted under the Biden administration. Background.  The Biden administration’s 2024 Rule uses an economic realities test that considers six factors in determining whether a worker is economically dependent on an employer for work or is instead in business for himself or...

LEGAL ALERT: Inside the 2026 National Health Care Fraud Takedown   The Department of Justice’s recent health care fraud takedown remains the largest in the agency’s history, with charges against 455 defendants, including 90 physicians and other licensed professionals, for schemes involving more than $6.5 billion in alleged false claims and significant patient harm. The enforcement action serves as a roadmap for DOJ’s current fraud enforcement priorities and signals where the DOJ will continue to focus enforcement efforts. Background The Takedown reflects the expansion of DOJ’s Health Care Fraud Strike Force program, which since March 2007 has charged more than 6,200 defendants alleged to...

IN BRIEF: What the Brendan Sorsby NCAA Gambling Dispute Means for Sports Governance College athletics continues to present new legal challenges as athletes, universities, conferences, and governing bodies operate in an increasingly commercial and highly scrutinized environment. The Brendan Sorsby dispute is one example of how eligibility rules, student-athlete welfare, and institutional enforcement can quickly become the subject of emergency court intervention. In June 2026, Judge Ken Curry granted Sorsby, then a Texas Tech quarterback, a temporary injunction against the NCAA after the organization found that he violated its sports-wagering rules. The injunction allowed Sorsby to maintain eligibility under the order, compete...

IN BRIEF: Building a Record: Why Depositions Are Worth the Cost Imagine you are at a mediation, settlement conference, or trial, and your opposing party tells a version of events that doesn’t quite line up the truth. You know that’s not what he said three months ago, but how can you prove it? Depositions can be the most expensive part of a lawsuit, but they are often worth their weight in final damages. The deposition itself, necessary travel, and witness preparation can require hours of an attorney’s time. For the party taking the deposition, there can be expenses for hiring videographers and...

LEGAL ALERT: The Cost of Violating Artists’ Moral Rights: A VARA Case Study When Congress enacted The Visual Artists Rights Act (“VARA”), it granted certain “moral rights” to artists. These moral, non-economic rights extend protection to visual works, such as murals, and prohibit the willful and negligent destruction of works with “recognized stature”. For a work to obtain recognized stature, the artist must demonstrate that the work possesses value, and the art must receive recognition by either the art community or society. At its core, VARA represents a significant legislative commitment to preserving the integrity of visual art, protecting an artist’s individual...

IN BRIEF: Taylor Swift Opposes Trademark Filing for ‘Swift Home’ Background When Cathay Home, a bedding manufacturer, filed its “Swift Home” trademark in 2015 and registered it in 2016, it faced no opposition. In early 2026, the company sought to renew the mark, but this time, it introduced a revised logo. The updated design featured the word “Swift” in cursive script, a change that drew scrutiny and brought trademark principles into the spotlight. TAS Rights Management LLC, which manages Taylor Swift's intellectual property interests, filed two oppositions before the U.S. Patent and Trademark Office (“USPTO”) challenging Cathay Home’s renewed application. Swift’s legal team...

LEGAL ALERT: OCR Announces New Enforcement Program to Protect the Confidentiality of SUD Patient Records In February, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a new program to implement and enforce statutory and regulatory requirements protecting the confidentiality of substance use disorder (“SUD”) patient records, effective February 16, 2026. Such a development marks the first time civil enforcement authority will be exercised over 42 CFR Part 2 (“Part 2”) regulated entities to protect the confidentiality of these records. Background Part 2 is a federal law that protects the confidentiality of patient records for those...

IN BRIEF: Early Warning Signs of Tenant Distress and Steps Landlords Should Take Now Economic volatility often surfaces first in the form of tenant distress. For commercial landlords, the difference between a manageable workout and a significant loss often comes down to early detection and disciplined, proactive action. Based on patterns observed in prior market cycles, below are key warning signs that a tenant may be experiencing financial distress, along with practical steps landlords can take now to protect their position. Early Warning Signs of Tenant Distress Landlords should remain alert to both financial and operational indicators, particularly where multiple signals appear at once: ...