Letters of Intent

A letter of intent (“LOI”) may be used to identify and frame the deal terms of a potential transaction. LOIs may be binding, non-binding, or partially binding. In our experience, effective LOIs are typically partially binding, with the non-binding provisions relating to the description of the transaction, price, quantity, or delivery and with the binding provisions relating to the parties’ duties of confidentiality, due diligence, and exclusivity.

Update: Federal OSHA Rules – A Game of Limbo

On November 12, 2021, that federal appeals court “permanently” enjoined (blocked) the implementation of OSHA’s rules.  As a result of the court’s decision, OSHA has paused its own enforcement of the rules—a fact noted on their website.

At present, OSHA’s pause is temporary because OSHA expects the federal court’s “permanent” injunction to be eventually overturned, as do several other legal observers.  In fact, related litigation is pending before a different court of appeal—and these cases may eventually make it up to the U.S. Supreme Court. So, this may not be the end of the federal OSHA rules.

California Employers: Review Your Wage and Hour Policies for State Compliance

With the new year around the corner, we will continue to ensure that you are up to date on California employment laws that become effective in 2022. This update will focus on California wage and hour law, where non-compliance can result in criminal charges and potential imprisonment. While well-meaning employers are likely not the target of this revision, it serves as an important reminder for employers to check their wage and hour compliance.

What Now That Federal OSHA Rules Have Been Halted?

On Thursday, November 5, 2021, federal OSHA published a vaccinate-or-testing mandate for employers with 100 or more employees. The new rules are voluminous, and from the start, were bound to be controversial and subject to legal challenge. One such challenge has temporarily succeeded—at least for now—as a federal court of appeal has temporarily stayed (halted) the implementation of these federal OSHA rules.

The Biden Administration Vax Mandate for Federal Contractors

By September 24, 2021, the Safer Federal Workforce Task Force is required to publish the new safety COVID-19 protocols requirements for contractors and subcontractors. We are still waiting for these guidelines to be released. However, the Task Force released a FAQ on September 20, 2021, that provides some clarity relating to federal contractors and vaccination status requirements when working on government sites.

Compliance with California’s Privacy Laws & CalOPPA

California has one of the strictest privacy laws in the United States. One such law, California’s Online Privacy Protection Act (“CalOPPA”), requires that any person or entity that owns or operates a commercial website or online service that collects personally identifiable information (“PII”) from California residents to have clearly visible and accessible privacy policies. These privacy policies must provide consumers notice on what type of PII the business collects and what the business does with the PII.