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New Employer Notification Requirement to Employees of Unemployment Benefit Rights

Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation – temporary or permanent. This...

Nonperformance of Contracts: Understanding the Impossibility Defense

With the advent of COVID-19, many are seeking relief under the impossibility defense or attempting to enforce a contact against a party that is looking to avoid its obligations. It is important to know the policy behind that defense. It is also important to understand that policy when you are negotiating, drafting and reviewing contracts...

CDC Announces New Residential Eviction Moratorium Order Through End of 2020

By: Ethan C. Geis and Michael Van Someren On September 1, 2020, the United States Department of Health and Human Services through the Center for Disease Control and Prevention (CDC) announced it was issuing a nationwide order temporarily halting certain residential evictions. (Order). The Order became effective beginning September 4, 2020 through the end of...

Given Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance

Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...

States Critical of EPA’s Draft Risk Evaluation for PERC

By: Ted A. Warpinski and M. Andrew Skwierawski On May 4, 2020, the U.S. Environmental Protection Agency (“EPA”) published a notice of its draft risk evaluation for PERC (Perchloroethylene), seeking public comment on the same. Prompted by a requirement in the Toxic Substances Control Act (TSCA), the EPA performs a risk evaluation to determine whether...

Adding “.com” to Generic Term May Open Route to Trademark Protection According to Supreme Court

By: Erin E. Kaprelian Generic terms—those words that actually name a product or service—are ineligible for trademark protection under current United States trademark law. The United States Patent and Trademark Office (USPTO) decided that adding “.com” to an otherwise generic term was not sufficient to allow trademark registration of the “generic.com” composition. In the matter...

IRS Issues Additional Guidance for Retirement Account Withdrawals in 2020

By: Jacqueline L. Messler The IRS recently released Notices 2020-50 and 2020-51, on June 19 and June 26, respectively, which offer important but temporary relief to individuals who took their Required Minimum Distributions (RMDs) in 2020 prior to the enactment of the CARES Act. The Notices also expanded the number of people eligible to withdraw “coronavirus related distributions”...