Essentially every municipality has adopted a zoning ordinance which, among other things, serves to regulate the development of real property and the types of uses to which such real property may be put within the boundaries of the municipality. Typically, a...
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Essential Business Practice: Effective Record Retention Policy
Rule 26 of the Federal Rules of Civil Procedure provides that parties "may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense [...]," but may not obtain discovery of electronically stored information from sources that...
Proposed Changes to the Physician Self-Referral Law
Health care providers should be aware of a proposed rule recently issued by the Centers for Medicare & Medicaid Services (CMS) that expands the regulations governing physician self-referrals, (the "Stark Law"). The Stark Law prohibits a physician from making...
Private Foundation or Charity? Cracking the “Code” on 501(c)(3) Organizations
If you have been involved in the not-for-profit sector, particularly that subsect of the industry involving federally tax-exempt organizations under 501(c)(3) of the Internal Revenue Code, then you have probably come across well-intentioned colleagues using the words...
Courts Start To Weigh In On COVID-19 Lawsuits
PLDO recently issued an advisory about the forthcoming explosion of lawsuits arising out of the coronavirus pandemic. Specifically, the article addressed the legal concept of “force majeure” and predicted that many businesses will claim that the pandemic prevented...
Employee’s “Odd” Behavior Justified Mandatory Drug Test
Most employers know that they cannot insist that an employee take a drug test unless the employer has “reasonable grounds” to believe that an employee’s job performance is impaired by drug use. Also, the employer must observe contemporaneous evidence of impairment...
Influencer Marketing Expansion Attracts Federal Regulators
The “influencer” marketing industry, which is predicted to become a $15 billion industry by 2022, is rapidly expanding, and with COVID-19 ramping up e-commerce, brands are increasingly turning to this marketing strategy. Influencers are people with varying amounts of...
How Will COVID-19 Tracking Apps Affect Privacy?
America is grappling with a compelling question during the coronavirus pandemic: should we allow Big Tech and the government to use our smartphones to track our movements, body temperature, and activities to slow the infection rate? As explained by the wonderful...
Navigating Mortgage Relief Options Under The CARES Act
Homeowners challenged to stay current with their mortgage payments due to the COVID-19 crisis are finding relief in several federal emergency measures provided in the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act. Two provisions include a 60-day...
