Insights

McGrath North is thrilled to announce the latest addition to their esteemed litigation practice group, Katherine (Kate) McNamara. With a robust legal career spanning nearly 15 years, Kate brings a depth of knowledge and expertise that will undoubtedly benefit clients of the firm.  

Doug Quinn joins the IPF Foundation Board. Read the article here.  

McGrath North is once again proud to announce that 22 of our attorneys have been recognized by Chambers USA – America’s Leading Lawyers for Business in their respective legal practice areas. Additionally, our firm's expertise is showcased with 8 core practice areas ranked for excellence.  

Please join us March 26, 2024, for an informative webinar on the challenges and tasks faced by Condo Association directors. This event will provide a comprehensive overview of the responsibilities and duties that directors undertake in managing condo associations. Attorney Bob Dailey will share invaluable insights and best practices to ensure smooth and successful operations. Don't miss out on this unique opportunity to enhance your understanding of condo association management. Register now and mark your calendars for an enriching experience!  

We are thrilled to announce the resounding success of the 2nd Annual Privacy & Data Protection Summit hosted by McGrath North yesterday.  

Yesterday, a highly informative webinar was conducted on the topic of assessments, delinquency, and liens in relation to condominium and homeowners association (HOA) properties. The webinar shed light on the crucial aspects of managing and collecting assessments, handling delinquencies, and understanding the legal framework of liens in these communities. Participants had the opportunity to gain valuable insights from attorney Bob Dailey, who provided practical solutions for dealing with delinquent owners, ensuring financial stability, and implementing effective collection strategies. The webinar proved to be essential for board members equipping them with the necessary knowledge to navigate the complex landscape of assessments, delinquencies, and liens in the realm of condo and HOA communities.  

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently issued a Final Rule protecting reproductive health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The Final Rule prohibits covered entities and their business associates from using or disclosing an individual’s protected health information (PHI) for the purpose of conducting a criminal, civil or administrative investigation into or imposing liability on any person for the seeking, obtaining, providing or facilitating reproductive health care that is or was lawful under the circumstances it was provided.  

On April 23, 2024, the Federal Trade Commission (FTC) held an open meeting and voted 3-2 (along party lines) to issue a Final Rule that bans post-employment non-compete agreements. According to the FTC, approximately 30 million people nationwide (1 in 5 workers in the U.S.) are bound by non-compete clauses.  

The Department of Labor (DOL) released its highly anticipated final rule regarding overtime for white collar workers. As expected, the final rule will nearly double the salary threshold for exempt workers beginning January 1, 2025, with a smaller increase beginning on July 1, 2024. The final rule also increased the salary level for the highly compensated employee exemption. Below is a table with the scheduled increases:  

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final regulations for purposes of implementing the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect in June 2023 and requires employers with 15 or more employees to consider accommodation requests from employees and applicants for “pregnancy, childbirth, or related medical conditions” in the same manner as accommodation requests under the Americans with Disabilities Act (ADA). Employers must provide reasonable accommodations to “qualified” individuals with a “known limitation” due to pregnancy, childbirth or related medical conditions, unless doing so would impose an undue hardship.  

The Corporate Transparency Act (the “Act”) was enacted in 2021 as part of the National Defense Authorization Act to create transparency in business entity ownership and prevent illegal business activity. The Act was passed on January 1, 2021, and final rules were promulgated on September 30, 2022. The reporting requirements are effective January 1, 2024.  

Below we review some of the most significant tax and incentive changes passed by the Nebraska Legislature in 2024.  

Navigating legal requirements and best practices for data and AI use when dealing with other parties can be a challenge. Locktivity’s Rachel Curran and McGrath North’s Stacey Shadden and Micah Carlson provide an overview of key considerations and developments in this rapidly evolving field:  

Artificial intelligence (AI) is emerging as a transformative force with profound implications for society.  

Data protection certifications are a great way to give your organization an edge against your competitors when it comes to scoring new clients and proving up your data privacy and security compliance. However, understanding all the different certifications available and which certifications will provide the most value for organization can be tricky. This month, Stacey Shadden and Caroline Pieper discuss the most common types of certifications and how they can be beneficial for your organization as you consider getting certified!  

This month’s episode of Privacy is Power focuses on the importance of employee privacy and security training. Reports show that as many as 90% of breaches start from social engineering or phishing attacks that an organization’s technical security solutions can’t protect against. Training an organization’s workforce who handle sensitive data will have an immediate impact on an organization’s level of data security, and not properly training the workforce can be costly and detrimental. Don’t trust that employees know how to properly protect data or implement proper procedure, reach out to McGrath North’s Privacy and Cybersecurity team today to create a tailored training guide to efficiently ensure employees know proper protocol.   

2021 is already heating up with privacy and security regulatory changes. Congress is getting closer to federal legislation, regulatory agencies are finding ways to get involved and the first national cyber director in history was sworn in by the White House. Check out this month’s episode of Privacy is Power to get up to speed on the top 5 newsworthy data privacy and security topics to help your organization implement updates and prepare for future changes in the world of data privacy and security.  

As the pandemic continues to wind down and vaccines are more widely distributed, employers are bringing employees back to work and may be collecting or accessing data through the use of vaccine cards, temperature checks, COVID-19 screening questions, workplace monitoring apps, and more. Join us for Episode 4, where we discuss not only the data privacy considerations associated with bringing employees back to work, but also the labor and employment considerations. This month, a guest speaker from McGrath North’s labor and employment group, Cody Brookhouser-Sisney, joins Caroline and Stacey for a panel discussion.