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Legislation

SECURE ACT 2.0: WHAT TO KNOW

The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022.  The Act now heads to the Senate, where it is expected to have significant bipartisan support.

SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to…

Ohio Revises Its Limited Liability Company Act

The Ohio Revised Limited Liability Company Act (“Revised Act”), signed into law on January 8, 2021, became effective Friday, February 11, 2022.  The Revised Act applies to all LLCs registered to do business in Ohio, whether formed before, on, or after the effective date.  Completely restating the existing Ohio Limited Liability Act (“Prior Act”), the Revised Act modernizes Ohio’s LLC law with a…

Name, Image, and Likeness: What's Next for College Sports

In a landmark decision issued in June 2021, the United States Supreme Court unanimously ruled in National Collegiate Athletic Assoc. v. Alston that the NCAA and eleven Division I conferences violated Section 1 of the Sherman Antitrust Act, which prohibits restraining certain trade or commerce. The case led almost immediately to a new NCAA interim policy that allows student athletes from all three…

California Love (of Privacy): Virginia and Colorado Adopt Comprehensive Data Privacy Laws That Look Similar to California Laws

 Virginia and Colorado have passed legislation that will implement data privacy laws in 2023. Both the Virginia Consumer Data Protection Act (“VCDPA”) and the Colorado Privacy Act (“CPA”) are similar to the California Consumer Privacy Act (“CCPA”) and the recently passed California Privacy Rights Act (“CPRA”) in their aims and goals. However, key distinctions amongst the privacy bills will…

Supreme Court Sides with Student Athletes...But What Does That Mean?

On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims…

Supreme Court Rejects Challenge to ACA

The United States Supreme Court today again upheld the Affordable Care Act (“ACA”) with a 7-2 vote, rejecting a challenge to the law by Republican-led states. In a decision by Justice Breyer, the Court reversed a lower court ruling that the law’s individual mandate is unconstitutional. The Court did not reach the merits of the case but held that the challengers did not have legal standing to sue.…

2021 West Virginia Legislative Session Bill Summaries

The West Virginia Legislature completed the 2021 regular legislative session on Saturday, April 10, 2021. In total, 282 bills completed legislative action. Summaries of thirty key bills are addressed at the link below, and the status of each is accurate as of Sunday, April 18, 2021. This summary also includes information regarding two joint resolutions that seek to amend the West Virginia…

Bill Creating the Intermediate Court of Appeals Completes Legislative Action

On April 1, 2021, the West Virginia Legislature completed legislative action on Senate Bill 275, the West Virginia Appellate Reorganization Act of 2021, creating the Intermediate Court of Appeals of West Virginia, which will consist of one three-judge panel that will serve the entire State. The Act will now head to Governor Justice, who is expected to sign the Act into law. 

The new law will be…

 

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