Insights

On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s employees could establish joint-employer status. The Browning-Ferris decision ignored decades of Board...Read More

Recently, the Department of Labor reissued seven Family and Medical Leave Act (“FMLA”) forms. These forms now have an expiration date of August 31, 2021. The reissued forms are: WH-380-E, Certification of Health Care Provider for Employee’s Serious Health Condition; WH-380-F, Certification of Health Care Provider for Family Member’s Serious Health Condition; WH-381, Notice of...Read More

On June 21, 2018, in a narrow 5 to 4 decision, the United States Supreme Court in South Dakota v. Wayfair, Inc. issued a decision which opens the door for states to require out-of-state merchants to collect and remit sales tax on internet sales.  The issue of sales tax on internet sales is an issue...Read More

On Monday, May 14, 2018, the United States Supreme Court issued a game-changing decision in Murphy v. National Collegiate Athletic Assn. striking down provisions of the federal Professional and Amateur Sports Protection Act of 1992 (PASPA), which prohibited states from authorizing sports betting. Background: The Professional and Amateur Sports Protection Act of 1992 (PASPA) Since...Read More

Indiana’s business corporation law permits corporations and limited liability companies that have been administratively dissolved by the Secretary of State the opportunity to be reinstated by making application and following specific statutory requirements. Grounds for dissolution include failure to file Biennial Reports with the Secretary of State or failure to maintain a Registered Agent or Address...Read More

Kahn, Dees, Donovan & Kahn, LLP, is a member of MERITAS Law Firms Worldwide, which is a leading global network of more than 7,500 attorneys at 182 independent law firms spanning 89 countries around the world.  Quentin Vaile, Meritas European Regional Director, recently issued the following guidance regarding the EU’s General Data Protection Regulation (GDPR) and...Read More

The U.S. Senate has confirmed John Ring, an attorney at Morgan Lewis & Bockius LLP, by a 50-48 vote to fill the only remaining vacancy on the National Labor Relations Board (NLRB). The board now consists of three Republicans and two Democrats. With a Republican majority on the board, practitioners are anticipating the overturning of...Read More

Acts of violence have become increasingly commonplace in our society.  To protect themselves from liability for such acts, landlords and property owners must understand the duty owed to tenants and invitees.  Recent changes in Indiana law have helped define when a landlord and property owner is responsible for third-party criminal attacks occurring on their premises...Read More

The Supreme Court of the United States has ruled that the whistleblower protections of the Dodd-Frank Act (the “Act”)  only apply to individuals who report problems to the U.S. Securities and Exchange Commission (the “SEC”). Background: The Act Passed in the wake of the 2008 financial crisis, the Act aims to promote the financial stability...Read More