In the continuing saga of the (possible) use of Environmental Social and Governance (“ESG”) factors by retirement plan fiduciaries under the Employee Retirement Income Security Act (“ERISA”), on Thursday, March 23, 2023, the House in a 219-200 vote failed to reach the two-thirds majority required to overturn a presidential veto regarding a joint resolution of

We recently reported on the National Labor Relations Board’s McLaren Macomb decision, which held that employers commit an unfair labor practice by merely proffering a severance agreement including broad confidentiality and non-disparagement clauses, regardless of whether the employee actually signs the agreement. The Board’s General Counsel (“GC”) has now issued a Guidance Memorandum explaining her

The National Labor Relations Board (“NLRB”) ruled this week in the McLaren Macomb case, a decision applicable to both non-unionized and unionized employers, that merely including standard confidentiality and non-disparagement provisions in a severance agreement violates the National Labor Relations Act (the “Act”).  The new Biden administration Board found that such provisions “interfere with, restrain

The post-pandemic era has brought about some of the largest jury verdicts seen to date. For example, just this month an Iowa jury awarded $97.4 million to a child and his family in a medical malpractice birth injury case. In Washington State, $185 million was awarded to three teachers who were exposed to long-lasting chemicals