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New Resource Center: Navigating Change in the US Administration

Pandemic relief, taxes, income inequality, climate change, infrastructure, healthcare and civil rights: the new US administration is moving forward rapidly on President Joe Biden’s stated priorities. So how are these new policies affecting your business? We’re here to keep you informed!

McDermott Will & Emery’s multidisciplinary team of industry-leading lawyers are monitoring key legal areas to help you navigate and gain perspective on the most critical impacts of changing US policies. Access the latest updates in our new resource center.




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American Rescue Plan Act of 2021: Employment Law Update

US President Joe Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021 (ARPA) on March 11, 2021. ARPA follows from weeks of negotiations in Congress and attempts to facilitate the country’s recovery from the impact of the COVID-19 pandemic.

Included in ARPA are several provisions that impact employers, including provisions on paid leave, reduced hours and employee retention credits. Employers should be mindful of the employment-specific changes put into effect by ARPA and accordingly update their policies and practices to comply with these changes.

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The “Glass Cliff” Challenge for Corporate Governance

Most corporate directors are familiar with the term “glass ceiling”—as they should be. Fewer directors are familiar with the term “glass cliff”—but they should be. For their ability to recognize the distinction between the two, and respond to the related challenges, will be critical to a company’s efforts to assure gender equality within its workforce.

In a recent article for Forbes, McDermott partner Michael Peregrine outlines why corporate boards should team with management to ensure gender equality across the internal playing field.

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4 Discrimination Law Questions Looming as Biden Era Begins

President Joe Biden is expected to usher in a decidedly more worker-friendly environment than his predecessor, but whether Congress or the courts embrace similar pro-employee leanings over the next four years is anyone’s guess.

In a recent article for Law360, McDermott partner Daniel Doron weighs in on four top-of-mind questions about bias law that may soon be addressed under the Biden administration.

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Employee Rewards in M&A Transactions: Comparability Provisions

Companies enter into merger & acquisition (M&A) deals for a range of reasons, but how employees are treated once a deal closes depends largely on the buyer’s deal strategy. Often the buyer signs a deal under the promise that the acquired business’ employees will continue to receive rewards at deal close that are comparable to those they received before, at least for a specified period of time. But why include such comparability provisions in deal terms given that they appear to restrict the buyer? What do these provisions typically cover? And what are best practices?

Willis Tower Watson recently tapped law firms with leading M&A advisory teams, including McDermott’s Carole Spink, to dig into the answers.

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AB 5 Contractor-Classification Battles Set to Heat Up in 2021

Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about the future of contractor-classification laws paid careful attention to California and AB 5, which went into effect on Jan. 1, 2020, and codified the California Supreme Court’s landmark decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles.

In a recent article for Law360, McDermott partners Ellen Bronchetti and Ron Holland consider the impacts of the California law on the gig economy, employer classification tests and organized labor in the United States.

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Predictions on the Long-Term Outlook for Remote Work

With a second wave of COVID-19 infections forecasted by some experts and many companies actually seeing improvements in productivity as their employees work from home, it’s very possible that the current state of affairs could become a new normal, with companies either continuing remote work indefinitely or at least revisiting their existing policies around occasional remote work.

TechStaffer polled business leaders and managers, including McDermott partner Carole Spink, to get input on where their organizations stand on their long-term outlook for remote work.

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Lessons in Crafting Valid Employment Class Settlements

Aspiring employment lawyers ask questions of their mentors. Try this one: Did you ever go to trial on a wage and hour class action?

The answers—ranging from “no” to “almost but …” and “rarely” to “once”—reveal an important truth: Employment lawyers handling class actions better know the inner workings of getting class settlements approved.

Writing for Law360, McDermott partner Christopher Braham examines how approval triggers play a role in employment class actions.

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Racial Diversity, Gender Equality and Corporate Governance: An Update

Corporate governing boards have a substantial homework assignment given multiple important developments affecting board composition and oversight of workforce culture. These developments encompass new surveys from prominent governance and consulting sources, notable litigation trends and a new state law. Collectively, they represent an accelerated focus by third parties on how directors are selected and employees are retained.

Writing for Columbia Law School’s Blue Sky Blog, McDermott partner Michael Peregrine reports on key developments in the corporate governance space.

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Senate Rules Could Pose Hurdles for Vaccine Funds

Progressive Democrats in the US Senate are hoping to use a streamlined process that needs just 50 votes to approve a COVID-19 relief package that includes billions in new funding for vaccines and other supplies. But some experts are already casting doubt on that plan.

STAT spoke with nine current and former congressional staffers and budgetary experts, including McDermottPlus consultant Rodney Whitlock, on the possibility of public health funds receiving approval through the budget reconciliation process.

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