Lawyer-written insights on the latest legal happenings—and how they impact your business.

The Runway Extension Act’s New Standard for Measuring Small Business Size Status Takes Effect

Jan 13 2020
As detailed in our previous alert, when the Small Business Runway Extension Act of 2018 (the “Act”) became law in December 2018, the Small Business Administration (“SBA”) declared that the Act would not be effective until the SBA issued implementing regulations through the formal rule-making process. On June 24, 2019, the SBA finally issued a Proposed Rule to implement the Act, and on December 5, 2019, SBA issued a Final Rule announcing that the Act’s new formula for determining the size status of some companies would become effective as of January 6, 2020. Therefore, as of the date of this alert, the measurement period for determining whether a contractor qualifies as a small business concern under revenue-based size standards has been extended to an average of the most recently completed five fiscal years, replacing the most recent three fiscal-year period that the SBA previously considered for this purpose. The Act did not change the SBA’s historic methodology for calculating contractor qualification with employee-based size standards.

SCOTUS to Consider Awards of Profits in Trademark Infringement Disputes

Jan 09 2020
Forfeiting profits is a worst-case-scenario for companies accused of trademark infringement. The possibility of turning over profits certainly is a threat that trademark defense teams want to avoid. The United States Supreme Court will be deciding a case that provide clarity on when a disgorgement of profits is warranted thereby resolving a split in the Circuits. Specifically, the Court is scheduled to decide whether a finding of willfulness is required to obtain an aware of profits.

SECURE Act

Jan 02 2020
The Setting Every Community Up for Retirement Enhancement (“SECURE”) Act was signed into law on December 20, 2019. The SECURE Act (the “Act”) is intended to incentivize employers to offer retirement plans, promote additional retirement savings, and enhance retiree financial security.

What You Need to Know About New California Employment Law Going into Effect in 2020

Dec 30 2019
As a notorious trend-setter in the employment law realm, California ranks among the toughest in the nation when it comes to regulations imposed on employers that conduct business within the state. Accordingly, compliance with the plethora of employment laws in California has become more and more challenging every year and it looks like things will be no different in the new year with the passage of Assembly Bill 5 (AB 5).

PayPal Sues the CFPB Over the Prepaid Account Rule

Dec 13 2019
On Wednesday, PayPal sued the CFPB in federal district court in the District of Columbia claiming the Bureau's Prepaid Account Rule (“Rule”) is arbitrary and capricious and was issued in violation of the Administrative Procedures Act. The complaint also asserts that the Rule violates PayPal's First Amendment rights by forcing it to deliver irrelevant and misleading information to consumers.
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