On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking process: (1) the joint-employer standard under the
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Latest from Proskauer Rose LLP - Page 2
Attention Contractors: The AAP Certification Deadline is Almost Here
As previously reported, the OFCCP has established a Contractor Portal where federal government contractors can register and certify they have developed and maintained affirmative action programs at each of their establishments or functional units. Those who do not register…
Blockchain Service: In an Apparent First, Lawyers Serve Legal Papers Using an NFT
Fundamental to the due process of law is notice—a requirement that all parties are made aware that a lawsuit could alter their legal rights or duties. Most defendants will be served in person by a process server. But when the…
New York State Legislature Approves Statutory Protections for Independent Contractors

In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State Legislature approved a bill…
Amendment to Rule 7.1 Seeks to Resolve Federal Court Diversity Issues at the Outset of Cases But It May Not Achieve Its Goal
A proposed amendment to Federal Rule of Civil Procedure 7.1, which had previously required information so judges could determine if they had a conflict of interest, would require a party in a diversity action to name and disclose the citizenship…
Health Care Providers on Alert: Two Hospitals Penalized for Continuous Noncompliance with the Hospital Price Transparency Rule
We previously discussed the requirements of the Hospital Price Transparency Rule (“Rule”) on health care providers and health plans, as well as CMS’s proposal to increase penalties for a hospital’s failure to comply with the Rule. About a year and…
Florida’s High Court Clarifies that Incorporating AAA Rules into an Arbitration Provision Delegates Arbitrability to Arbitrator
When a litigant seeks to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), there are two issues that must be resolved: (1) whether there is an agreement to arbitrate; and, if so, (2) whether the dispute at issue falls…
Proskauer Advises NGO Funding Recycling Projects in Brazil
For the past five months, Proskauer has acted as pro bono counsel to Instituto Recicleiros (Recicleiros), a Brazilian non-profit, in obtaining a grant from the Alliance to End Plastic Waste (AEPW). AEPW is an industry-founded non-profit dedicated to funding…
ESG Issues and Opportunities Arise as Companies and Asset Managers Hone in on Blockchain-Based Technology Investments
Beyond the wider adoption of cryptocurrencies by consumers in recent years, companies and organizations have also shown increased interest in crypto-assets in the past year. A myriad of industries, from sports to fashion to art to videogames to music, are…