Member Publications

As more donor groups have formed name, image and likeness (NIL) collectives as not for profit entities, the Internal Revenue Service (IRS) recently released guidance that effectively puts the brakes on the ability of these entities to collect tax-deductible donations from supporters.  This guidance also raises compliance concerns for NIL collectives and possibly other charities. History of NIL Col…

The NCAA’s adoption of an Interim Name, Image and Likeness (NIL) Policy opened the door for donors, alumni and fans to effectively pay college athletes, either directly or through NIL “collectives.” With a growing number of donor groups forming NIL collectives as not-for-profit entities, there are questions about whether or not these collectives truly qualify as charitable organizations for tax pu…

According to the most recent intention of the German legislator legal transactions are to be simplified and digitized as far as possible. The numerous written form (“wet ink“) and signature requirements that currently exist are to be abolished or replaced by text form requirements. The written form is to be retained only as a substitute form. Where the written form requirements continue to apply o…

The Whitfield & Eddy Law transportation practice group reviewed important federal cases, legislative matters, and other items of note to the industry.  This review took place during the August 2023 meeting. Trucking and transportation companies across the U.S. have relied upon our counsel to guide their responses to emerging legal and regulatory issues. The presentation focused on various fede…

ABSTRACT: Johnson County employee fired for dishonesty and insubordination puts up a solid fight trying to support his burden that the County’s reasons for his termination were a pretext for discrimination based on disability and were in retaliation for his exercise of ADA and FMLA rights. In Rutledge v. Board of County Commissioners, the Tenth Circuit analyzes and ultimately rejects each of the e…

Retirement Village operators in South Australia (SA) have disclosure obligations when prospective residents request or show interest in a retirement living arrangement. In SA, retirement villages are governed by the Retirement Villages Act 2016 (SA) (‘Act’) and the Retirement Villages Regulations 2017 (SA) (‘Regulations’). When a prospective resident intends to enter a retirement living arrangeme…

On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ's decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints. In ruling against the…

As someone who has practiced law for more than two decades, it occurred to me recently how bewildering it must be for a client to decide between hiring a lawyer who charges $250 an hour, $500 an hour, or even $750 an hour or more.  Does the price alone indicate the quality of services to be received?  Spoiler alert:  the answer is no. Even in places outside New York and L.A., such as in Nashville …

The August Monthly Minute presents Part II of our mental health parity update and provides highlights of the latest report to Congress on NQTL comparative analyses. While service providers lead the way through mental health parity compliance given their role in group health plan design and operation, the pressure is ultimately on plan sponsors to monitor compliance and navigate enforcement and cor…

On July 24, 2023, the United States Court of Appeals for the Eighth Circuit ruled on a case involving the “kick-out” provision in 49 U.S.C. § 31105 which is part of the Surface Transportation Assistance Act of 1982.  Wilson v. CTW Transportation Servs., Inc., No. 22-3049, 2023 WL 4697221, at *2 (8th Cir. July 27, 2023). Avery Wilson (“Wilson”) filed an administrative complaint against CTW Transpo…