Daley Mohan Groble DMG Updates
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DMG Update Articles

Daley Mohan Groble attorneys regularly write articles about substantive legal changes and issues in their areas of focus. If you would like to receive periodic DMG Update emails, click here.

The "Illinois Freedom to Work Act" Prohibits Non-Competes with Low-Wage Employees

The Illinois Freedom to Work Act will prohibit most private-sector Illinois employers from entering into non-compete with their "low-wage" employees

Seventh Circuit Reiterates that the "Convincing Mosaic" Standard is a Metaphor

The Seventh Circuit Court of Appeals reiterated that the "Convincing Mosaic" standard is not a legal requirement—it's a metaphor.

Defend Trade Secrets Act: How Businesses Are Taking Advantage

The DTSA was enacted in large part to address concerns regarding corporate espionage, cyber-crimes, and trade secret issues. Just shy of ninety days after its enactment, how are employers taking advantage of the DTSA?

EEOC Revises Employer Reporting Requirements

The EEOC has published its revised proposal to collect W-2 income and hours-worked data as part of its annual Employer Information Reporting process to support civil rights enforcement.

Supreme Court Rules that Army Corps Jurisdictional Determinations Under Clean Water Act Can Be Appealed

Owners and developers often request a jurisdictional determination (JD) for projects in order to identify wetlands and other protected waters, and under prior court decisions, the landowner or developer had to exhaust administrative remedies. In 2016 the Supreme Court ruled unanimously that Jurisdictional Determinations by the Corps can be appealed under the Administrative Procedure Act as a final agency action.

New Overtime Rule Extends Overtime Pay to Over 4 Million Workers

President Obama and Secretary of Labor Perez announced the publication of the Department of Labor's final rule updating overtime regulations which raises the threshold salary level at which professional employees are exempt from overtime pay under the Fair Labor Standards Act (FLSA). »

Whistleblower Laws' Effects on the Transportation Industry

Employee Whistleblower Protection laws at the federal level are quickly and, perhaps alarmingly for transportation employers, becoming one of the largest growth areas in transportation litigation. »

Clearance Cases

Whether you are representing a trucking company whose driver has peeled off the top of a trailer while traversing a viaduct, or its insurance carrier, or the railroad entity which owns the overhead structure which may itself have been damaged as a result of having been struck by the vehicle, the question of who can be liable for injuries and damages in this not uncommon factual scenario is one we are all likely to face as commercial transportation litigators.»

Environmental Issues in a Derailment

The environmental regulatory setting for a derailment depends on what was released, how much, and where it went. »

Navigating the Legal Trenches of Hiring Veterans

Now is a critical time for businesses to hire veterans, but private employers need to consider both the legal benefits and challenges associated with hiring veterans. »

Surface Transportation Board Keeping Closer Track of Interim Trail Use

On April 30, 2012, the Department of Transportation’s Surface Transportation Board announced a final rule updating procedures related to the use of railroad rights-of-way for rail banking and interim trail use under the National Trails System Act. »

Fair Trials in the Internet Age
With a growing number of cases overturned by Internet-related juror misconduct, courts are grappling with how to maintain fair and impartial trials based only on the evidence permitted by a judge. »

Third Circuit Federal Appellate Court Gives Judicial Teeth to "Robust Preemption Provisions" of the Hazardous Material Transportation Act
Since the 1990 overhaul of the HMTA, there have been but few state or federal decisions that have directly construed the scope of the 1990 preemption provisions in the context of personal injury litigation, until Roth v. Norfalco, Inc. »

Court Rules Exclusive Contractual Right to Serve “Current Industry” Does not Apply to Future Plant Owners
In September 2011, the Seventh Circuit Court of Appeals settled a language dispute between two Midwestern Class II railroads in Dakota, Minnesota & Eastern Railroad Corporation v. Wisconsin & Southern Railroad Corporation. »

The Illinois Environmental Justice Act
The Illinois legislature has recently enacted the Environmental Justice Act, effective August 16, 2011. This Act creates a Commission of Environmental Justice and expands the scope and reach of environmental justice issues. »

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