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Latest News

Helen Holden Provides Insight on COVID-19 Vaccine Workplace Policies

Spencer Fane attorney Helen Holden was recently featured in a Business Insurance article covering COVID-19 vaccine policies in the workplace.

Ayesha Mehdi Explains Employer Rights of Mandatory COVID-19 Vaccine Policies

Spencer Fane attorney Ayesha Mehdi was recently interviewed in a TV news story for 8 News Now Las Vegas about the legal rights employers have when implementing a mandatory COVID-19 vaccine policy.

Spencer Fane Celebrates International Women’s Day with Kathrine Switzer

Spencer Fane recently hosted an International Women’s Day event for employees and clients featuring well-known speaker, author, advocate, and sports personality, Kathrine Switzer.

Robin Nolan Provides Insight on Commercial Property Assessments in Colorado

Spencer Fane attorney Robin Nolan was recently interviewed for Law Week Colorado on property valuations and taxes in Colorado.

Spencer Fane Joins WEN’s 35th Anniversary Celebration

Spencer Fane was pleased to recently sponsor the Women’s Employment Network (WEN) 35th Anniversary Celebration, which commemorated the organization’s 35th year of assisting the women of Kansas City in accomplishing goals and overcoming challenges.

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Latest Publications

DOL Withdraws FLSA Independent Contactor Rule

On May 5, 2021, the United States Department of Labor (“DOL”) withdrew the regulations (i.e. the “Independent Contractor Rule”) that were intended to clarify the standard for determining whether a worker qualifies as an independent contractor for FLSA purposes. See DOL Press Release, US Department of Labor to Withdraw Independent Contractor Rule (May 5, 2021); see also Independent Contractor Status Under the Fair Labor Standards Act: Withdrawal, 86 FR 24303 (Published: May 6, 2021). The withdrawal of the Independent Contactor Rule is effective as of May 6, 2021.

The Anatomy of Lost Profits Claims in Franchise Cases

Originally Published in Franchise Law Journal

Claims seeking the recovery of lost profits are becoming increasingly more common in franchise litigation, particularly after franchise termination.  Because both the franchisor and the franchisee enter into the relationship with the expectation of profit, a termination frustrates both sides’ expectations and the economic rationale for entering the relationship in the first place.  Although historically franchisees were more likely to assert these claims in reaction to terminations, more recently franchisors have also pursued such claims when franchisees leave the relationship before the end of the contract term.  This article provides a brief history of the law governing claims for lost profits, outlines selected issues facing litigants under the current slaw, and concludes by offering some opinions about best practices for litigants relating to lost profits, particularly in the franchise context.

DOL Issues Cybersecurity Guidance

On April 14, 2021, the Department of Labor’s Employee Benefits Security Administration (“EBSA”) issued cybersecurity guidance for retirement plan fiduciaries and service providers, as well as plan participants.  In the guidance, the EBSA states that ERISA fiduciaries are required to take appropriate steps to mitigate internal and external cybersecurity threats to plan participants and retirement plan assets.   To assist fiduciaries  and service providers in fulfilling this obligation, the EBSA issued two documents that describe cybersecurity best practices – Cybersecurity Program Best Practices and Tips for Hiring a Service Provider.  The EBSA also issued some basic rules – Online Security Tips – to help participants reduce the risk of fraud and loss to their retirement accounts.

The Eleventh Circuit Calls Into Question the use of Letter Vendors as Violative of the FDCPA

The Eleventh Circuit in Hunstein v. Preferred Collection and Management Services, Inc. issued an opinion yesterday that confronted an issue of first impression, namely, whether a debt collector can use a third party vendor to send collection letters without violating the Fair Debt Collection Practices Act (“FDCPA”).  The facts were simple.  The defendant/debt collector used a third party letter vendor to send an initial “dunning” letter to the plaintiff/consumer.  In doing so, the defendant provided the vendor with the plaintiff’s name, his outstanding balance, the fact that his debt resulted from his son’s medical treatment, and his son’s name.  The plaintiff filed a lawsuit alleging that the defendant violated the FDCPA by disclosing his personal information to the third-party vendor.

Three Quick Steps to Help Prepare Your Business for Cyber Threats

Nearly Half of all Businesses hit by Cyber Attacks in 2020

43% of businesses in the United States and Europe were hit with a cyber attack in 2020, an increase of 5% from 2019 which was 38%, according to Hiscox’s Cyber Readiness Report. Businesses cannot ignore this threat and must face it head-on. All businesses should now have an operational and maturing cyber risk management program in place that is led by their trusted cyber legal counsel.

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Latest Events

2021 Probate and Trust Law Section Conference

Spencer Fane attorney Serena O’Neil will be presenting at the 2021 Probate and Trust Law Section Conference. Hosted by the Minnesota CLE, the webinar will focus on recent developments, best practices, and practical guidance in probate and trust law.

Employment and Labor Law Virtual Seminar

Untangling an Intricate Web – Designing and Implementing Paid Leave Policies

Spencer Fane attorney Helen Holden will present an upcoming CLE webinar on employer paid leave policies.

What Now? The Ever-Evolving Status of Title IX Regulations

Spencer Fane attorneys Joseph Hatley and Stephanie Lovett-Bowman will present an upcoming webinar covering the updated Title IX regulations.

Distress Call: Navigating the Rescue of Distressed Healthcare Facilities

Spencer Fane attorneys Donn Herring, Jim Lodoen, and Julie Roth with present a webinar about the practical and regulatory financial issues in healthcare facilities.

WorkSmarts Half-Day Seminar: Spring Into Action

Spencer Fane attorneys Fred Johnson, Matt Morrison, Paul Satterwhite, Elizabeth Wente, Ruthie White, and Sue Willman will present an upcoming webinar as part of the WorkSmarts Half Day Seminar series.

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