Law/Legal
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Littler Issues Commentary: Colorado Amends Wage Compliance Rules, Revises Recordkeeping Requirements, and Implements New Youth Employment Standards
SAN FRANCISCO, California, Feb. 21 -- Littler, a law firm, issued the following commentary on Feb. 20, 2026, office managing shareholder David C. Gartenberg, associate Lukasz Gilewski, and shareholder Jennifer S. Harpole:
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Colorado Amends Wage Compliance Rules, Revises Recordkeeping Requirements, and Implements New Youth Employment Standards
At a Glance
* COMPS Order #40 expands the definition of "employer," provides for larger potential tip credits, and imposes additional recordkeeping obligations for vacation and sick pay.
* New regulations modify the rules for calculating rate of pay
... Show Full Article
SAN FRANCISCO, California, Feb. 21 -- Littler, a law firm, issued the following commentary on Feb. 20, 2026, office managing shareholder David C. Gartenberg, associate Lukasz Gilewski, and shareholder Jennifer S. Harpole:
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Colorado Amends Wage Compliance Rules, Revises Recordkeeping Requirements, and Implements New Youth Employment Standards
At a Glance
* COMPS Order #40 expands the definition of "employer," provides for larger potential tip credits, and imposes additional recordkeeping obligations for vacation and sick pay.
* New regulations modify the rules for calculating rate of payfor sick leave, and tighten rules governing the employment of minors.
* Colorado employers are advised to review and update their recordkeeping, youth employment, and leave policies, ensure compliance with new pay calculation rules, and distribute updated COMPS Order posters to staff.
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The Colorado Department of Labor and Employment (CDLE) has adopted COMPS Order #40, amending administrative regulations implementing the Colorado Wage Act, and released an updated COMPS Order poster. The revisions, which took effect on February 1, 2026, expand the definition of "employer," allow localities to increase tip credits consistent with recent statutory amendments, and increase employers' recordkeeping obligations for vacation and sick leave. Colorado also adopted final rules implementing the Colorado Youth Employment Opportunity Act, increasing compliance obligations for employers that hire minors, and amended Wage Protection Rules, which modify the calculation of the pay rate for sick pay under the Healthy Families and Workplaces ACT (HFWA).
Background on COMPS Order #40
The Colorado Wage Act authorizes CDLE's Division of Labor Standards and Statistics ("the Division") to issue Colorado Overtime and Minimum Pay Standards (COMPS) Orders governing wages, hours, and working conditions. COMPS Order #40 updates the agency's existing regulations to reflect legislative changes enacted in 2025 and to clarify compliance expectations for employers operating in Colorado.
Expanded Definition of "Employer"
COMPS Order #40 broadens who may be treated as an "employer" under the Colorado Wage Act. Under the prior regulations, the definition of "employer" had the same meaning as that provided under the federal Fair Labor Standards Act. Under the amended regulations, the definition of employer now includes individuals who own or control at least 25 percent of an employer's ownership interests. A minority owner may be excluded from the definition only if the employer can demonstrate that the owner has fully delegated authority over day to day operations. As before, the definition does not apply to the State of Colorado, its agencies, or political subdivisions.
Localities With Higher Minimum Wage Authorized to Increase Tip Credit
The amendments also align the COMPS regulations with statutory changes affecting tipped employees. Employers must continue to pay tipped employees at least the statewide tipped minimum wage as a direct wage and, generally, may apply a statewide tip credit of up to $3.02 per hour. However, in 2025 the state legislature authorized local governments that have adopted a minimum wage higher than the state minimum wage to authorize a higher tip credit. The regulations reflect that, when this occurs, employers may apply the locally authorized tip credit. In all cases, employers must ensure that an employee's direct wages plus tips equal at least the applicable minimum wage and must make up any shortfall in direct wages.
Expanded Recordkeeping for Vacation and Sick Leave
COMPS Order #40 increases the scope of required employee records. As a reminder, Colorado employers have already been required to retain the following records:
* name, address, occupation, and date of hire of the employee;
* date of birth, if the employee is under 18 years of age;
* daily record of all hours worked;
* record of credits claimed and of tips; and
* regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period.
Under the amended regulations, employers must now also maintain records showing:
* vacation pay hours accrued, used, and available during the current benefit year; and
* HFWA or sick leave hours accrued, used, and available, to the extent tracked separately from vacation time.
The amended regulations also clarify that employers may provide leave balance information on pay statements and must do so in writing or electronically if an employee requests it, no more than once per month unless employer policy allows more frequent requests. Employers may choose the method of disclosure, including pay stubs, electronic self service systems, or separate written or electronic communications.
HFWA Pay Rate
Since the HFWA was enacted in 2020, the Division has tweaked the requirements for determining the rate of pay for sick leave under the law, and the 2026 amendments to the Wage Protection Rules continued that trend.
Under the text of the HFWA, employees must be paid for sick leave at the same hourly rate or salary, excluding overtime, bonuses, or holiday pay, as the employee normally earns during hours worked. That calculation is straightforward enough when employees are compensated on a salary basis, but it can become more complex if employees are paid varying rates for time worked.
The amended Wage Protection Rules set forth a number of new principles regarding how to calculate pay rate based on a variety of different forms of compensation:
* Salary, Commission, or Piece Rate Pay. If the use of leave does not reduce an employee's pay, such as if the employee is paid solely on a salary, commission, or piece rate basis and the leave does not impact those forms of compensation, then the employee does not earn any additional compensation solely for using leave.
* Salary Plus Commission. If an employee is paid based on salary plus a commission, then the commission is not included in the pay rate.
* Multiple Pay Rates. If an employee works at multiple rates, such as if they earn shift differentials or work separate jobs for the same employer, the employee is paid the rate they would have earned during the period of sick leave if such a schedule is known at the time the sick leave request is made. For example, if an employee was scheduled to work a shift with a shift differential and then calls in sick, the pay rate for sick leave includes the shift differential.
However, if an employee's schedule is unknown at the time the need for leave arises, then employers calculate the pay rate by using the most recent time period preceding the leave, either the 30 calendar days or full pay period(s) totaling 28 to 31 days. This lookback period includes hourly or salary rates, shift differentials, tip credits, and commissions (if the employee earns wages plus commission), but it does not include overtime, bonuses, or holiday pay. Lastly, if the employee has not been employed for a full look-back period, then the period will consist of all days worked prior to the leave.
Of course, regardless of the situation, employees must be paid at least the applicable minimum wage for their usage of sick leave.
Additional Protections for Youth Employment
Colorado has adopted final rules to administer and enforce the Colorado Youth Employment Opportunity Act (CYEOA), which significantly expands compliance obligations for employers that hire minors.
Existing regulations require employers to keep records of specific information for employees. Under the final rules, employers must also obtain and keep records of the following information until three years after the minor turns 18 or employment ends, whichever is sooner:
* Any exemption allowing the minor to work hours or job duties otherwise prohibited by the CYEOA, including records of any apprenticeship completion or technical training;
* The minor's age certificate and any related documents;
* Any proof of a high school diploma, passing score on a GED examination, or completion of a career and technical education program; and
* Any school release permit or related documents.
The rules further expand and detail prohibited employment for minors, including restrictions on hazardous occupations, use of power driven equipment, exposure to toxic substances, and employment in certain establishments such as liquor stores, operation of power-driven machinery, some manufacturing industries, marijuana dispensaries, casinos, and adult entertainment venues. Additional limitations apply to minors under 16 and under 14.
The CYEOA also allows any employer, minor, minor's parent or guardian, school official, or youth employment specialist to request that the minor be exempt from a provision of the law.
Although the CYEOA permits non emancipated minors to be paid 15 percent below the minimum wage, employers must document eligibility for the subminimum wage, and any minor employed in violation of the CYEOA or its rules must be paid the full minimum wage.
The new rules clarify the Division's authority under the CYEOA to investigate complaints, assess penalties, and issue written determinations ordering corrective action, fines, or damages to affected minors. A determination will describe what provision(s) of the law were adhered to or were violated, and, if a violation has occurred, what steps the employer must take to cure it. Determinations may also include orders to cease non-compliant activity, issue established fines under the CYEOA, order damages to the aggrieved minor, or any other remedies authorized by law. After issuing a determination, the Division may issue additional determinations ordering penalties for each offense by the employer without sending an additional notice of the complaint.
Any party to the claim may appeal the Division's determination using established procedures for appealing a wage claim determination under state regulations.
What This Means for Employers
The updated regulations increase compliance risk for employers by expanding potential individual liability, provide the opportunity for larger tip credits if enacted under local wage ordinances, impose additional recordkeeping obligations for vacation and sick pay, modify the rules for calculating rate of pay for sick leave, and tighten rules governing the employment of minors. Employers should review Colorado recordkeeping, youth employment policies, and vacation and sick time tracking and pay rate procedures, and ensure that updated COMPS Order posters are properly distributed and incorporated into handbooks.
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Authors
David C. Gartenberg
Office Managing Shareholder
Denver
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Lukasz Gilewski
Associate
Denver
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Jennifer S. Harpole
Shareholder
Denver
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Original text here: https://www.littler.com/news-analysis/asap/colorado-amends-wage-compliance-rules-revises-recordkeeping-requirements-and
[Category: BizLaw/Legal]
Okun to Speak at the 2026 TEGE Annual Exempt Organizations Council Meeting
MINNEAPOLIS, Minnesota, Feb. 20 [Category: BizLaw/Legal] -- Taft, a law firm, issued the following news:
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Okun to Speak at the 2026 TEGE Annual Exempt Organizations Council Meeting
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Taft Cincinnati partner Megan Okun will speak at the 2026 TEGE Annual Exempt Organizations Council Meeting on March 6 in Washington, D.C. Okun will be part of a panel that will present on "Form 990: Beyond Compliance, a Public Disclosure and Reputation Tool," addressing how exempt organizations can strategically approach Form 990 not only as a regulatory requirement but also as a key transparency and reputational
... Show Full Article
MINNEAPOLIS, Minnesota, Feb. 20 [Category: BizLaw/Legal] -- Taft, a law firm, issued the following news:
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Okun to Speak at the 2026 TEGE Annual Exempt Organizations Council Meeting
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Taft Cincinnati partner Megan Okun will speak at the 2026 TEGE Annual Exempt Organizations Council Meeting on March 6 in Washington, D.C. Okun will be part of a panel that will present on "Form 990: Beyond Compliance, a Public Disclosure and Reputation Tool," addressing how exempt organizations can strategically approach Form 990 not only as a regulatory requirement but also as a key transparency and reputationalasset. The panel will further examine how attorneys and accountants view portions of the Form 990 differently, and how those perspectives can inform client decisions about how to make disclosures on their returns.
The TEGE Annual Exempt Organizations Council Meeting brings together professionals from legal, consulting, and financial backgrounds to provide educational programming, discuss current trends and provide regulatory updates affecting the exempt organizations sector.
To learn more or to register, click here.
Okun focuses her practice on counseling nonprofit and tax-exempt organizations and on estate planning for high net-worth families. Given her knowledge of and experience with tax law, Okun helps nonprofit and tax-exempt organizations of all shapes and sizes navigate all tax and governance aspects of their organizations and operations. Okun has extensive experience counseling large tax-exempt organizations, including colleges and universities, health systems, and company and family foundations, regarding governance, structuring, and compliance matters. Further, she guides them through the nuances of joint ventures, fundraising, endowment fund strategies, charitable and planned giving program criteria, commercial coventures, and working with donors.
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Original text here: https://www.taftlaw.com/news-events/news/okun-to-speak-at-the-2026-tege-annual-exempt-organizations-council-meeting/
Gibson Dunn Files Amicus Brief on Behalf of The Trevor Project and the National Alliance on Mental Illness in Case Involving Ban on Conversion Therapy
LOS ANGELES, California, Feb. 20 [Category: BizLaw/Legal] -- Gibson, Dunn and Crutcher, a law firm, issued the following news:
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Gibson Dunn Files Amicus Brief on Behalf of The Trevor Project and the National Alliance on Mental Illness in Case Involving Ban on Conversion Therapy
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Gibson Dunn filed an amicus brief on behalf of The Trevor Project and the National Alliance on Mental Illness at the Eighth Circuit Court of Appeals in Bury v. City of Kansas City in support of appellees Kansas City and Jackson County and the municipalities' narrowly-tailored ban on conversion therapy.
The case
... Show Full Article
LOS ANGELES, California, Feb. 20 [Category: BizLaw/Legal] -- Gibson, Dunn and Crutcher, a law firm, issued the following news:
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Gibson Dunn Files Amicus Brief on Behalf of The Trevor Project and the National Alliance on Mental Illness in Case Involving Ban on Conversion Therapy
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Gibson Dunn filed an amicus brief on behalf of The Trevor Project and the National Alliance on Mental Illness at the Eighth Circuit Court of Appeals in Bury v. City of Kansas City in support of appellees Kansas City and Jackson County and the municipalities' narrowly-tailored ban on conversion therapy.
The caseconcerns whether Kansas City and Jackson County's bans, which prohibit licensed therapists from using conversion therapy on minors to attempt to change their sexual orientation or gender identity, violates the First Amendment. Amici argue that the ban prevents a practice that causes serious harm to LGBTQ youth. The Trevor Project's data and experience confirms that conversion therapy delivered under the guise of professional care is dangerous and causes significant harm to LGBTQ youth, including increasing their risk of attempting or dying by suicide. The Kansas City and Jackson County legislatures properly considered this data and competing positions and ultimately concluded that a ban was necessary to mitigate the established serious harm arising from conversion therapy. In passing the ban, under United States v. Skrmetti and a long line of precedent, the municipalities exercised their traditional authority to protect minors and their authority to regulate medical treatments and standards of care offered by licensed professionals.
The Gibson Dunn team, led by associate Kelly Herbert, includes partner Abbey Hudson and associates Apratim Vidyarthi, Cate Nash, Alexander Fischer, Julia Doody, and Quinn Ferrar.
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Original text here: https://www.gibsondunn.com/gibson-dunn-files-amicus-brief-on-behalf-of-the-trevor-project-and-the-national-alliance-on-mental-illness-in-case-involving-ban-on-conversion-therapy/
From Associate to Alumnus: Carrying Lessons of Leadership Forward
PHILADELPHIA, Pennsylvania, Feb. 20 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following Q&A on Feb. 19, 2026, with associate Michael Campbell:
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From Associate to Alumnus: Carrying Lessons of Leadership Forward
How do you build a legal department for a rapidly growing youth sports company? Just ask Michael Campbell, former corporate and business transactions (CBT) associate in Philadelphia and now general counsel of Unrivaled Sports. After six years as a transactional lawyer, Michael translated Morgan Lewis's culture of elite client service into a career home run.
We
... Show Full Article
PHILADELPHIA, Pennsylvania, Feb. 20 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following Q&A on Feb. 19, 2026, with associate Michael Campbell:
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From Associate to Alumnus: Carrying Lessons of Leadership Forward
How do you build a legal department for a rapidly growing youth sports company? Just ask Michael Campbell, former corporate and business transactions (CBT) associate in Philadelphia and now general counsel of Unrivaled Sports. After six years as a transactional lawyer, Michael translated Morgan Lewis's culture of elite client service into a career home run.
Werecently spoke with Mike about his transition from midlevel associate to general counsel, the importance of getting career advice from those with different perspectives, and how he continues to put into practice the client service lessons he gained at Morgan Lewis.
You were a CBT associate in the Philadelphia office from 2021 to 2023. What made you want to go in-house, and what drew you to Ripken Baseball?
I wanted to go in-house so that I could get a degree or two closer to the inner workings of a business than from my vantage point as outside counsel. I wanted the variety of challenges that come with working on solutions to problems in different departments, from the business development side to IT to marketing and elsewhere. I also wanted the continuity associated with having the company as my long-term client. The notion of working on an M&A deal and then getting to follow through with the integration of a new business into an existing one--where the people at the business that I was doing due diligence on would become my coworkers--was exciting to me.
Relatedly, one of my favorite courses in grad school was a business school course focused on corporate development and integration. I learned a lot in that class from the client's side, with classmates describing post-investment integration issues they'd encountered while at Google, Facebook, Anheuser-Busch, and investment firms. I took those lessons with me into the law firm and thought I could bring them to bear in an in-house role.
In terms of why I chose to go to Ripken Baseball/Unrivaled Sports, I looked hard at a few different in-house options, but Unrivaled Sports was the sort of golden opportunity that I knew I wasn't likely to see again and couldn't turn down. At that time, the parent company, Unrivaled Sports, didn't yet have a name or many employees. Ripken Baseball and Cooperstown All Star Village were the marquee businesses under the umbrella, and they had stellar reputations in the youth baseball space. They also had good backing from two very strong family offices. Further, I had worked on separate deals with some of my Morgan Lewis coworkers who had done work for Unrivaled Sports (or what would be called Unrivaled Sports). I respected their work and trusted their positive reviews of the family offices and the company's leadership. The biggest draw from my perspective was that I'd be the first legal hire, so I had the challenge or opportunity to learn a lot quickly and define a role.
You were a sixth-year associate when you moved from Morgan Lewis to a general counsel role. Was there any trepidation about taking on such a senior position at that stage of your career?
Yes, definitely! I knew there was a lot I didn't know. I still know that. But I wanted the test, and I knew I'd learn a lot even if it was hard and I didn't always have the answers. I read through three "in-house 101" books before my start date, and I've gone back to those a few different times over the past few years. I also had assurances that I could lean on outside counsel as needed and wouldn't be left on an island addressing all legal concerns, which was very important.
A few different sets of discussions made me more comfortable stepping into the role with only six years of experience in transactional law: discussions with company leadership during my interviews, with Morgan Lewis coworkers who had worked on Unrivaled transactions, and with my existing network.
With company leadership, I tried to be blunt about what I could do for the company when hired, what I thought I could learn to do, and where I'd need to lean on outside counsel for help. In the course of those discussions, I set expectations for the role. I laid out the broad contours of what my role could be. They were very receptive to that, which I took as a good sign.
My coworkers at Morgan Lewis couldn't say enough good things about the Unrivaled Sports team, particularly the CFO, with whom I knew I'd be working closely. I grilled them a bit on the team's approach to different problems and the sorts of issues that arose in diligence on past deals. I kept hearing, "They're just good, smart folks." That was very reassuring, and it turned out to be true. Viewing myself on the client side assessing Morgan Lewis, I knew that Andrew White was the go-to partner for Unrivaled. I had worked on one of Andrew's deals for a different client, and I asked colleagues who had worked more extensively with him about their experiences. I confirmed that he's a great lawyer who is devoted to his clients and demanding of high-quality work from his team.
Once it became clear that I was going to get the offer for the role, I did a pulse check with my wife, my brother who works in M&A, and five or six friends from grad school and past jobs whose opinions I respect. That group included two people from my JD/MBA program who had already worked in leadership roles overseeing the legal function. That was my "gut-check gauntlet," and I came out still feeling like this was a great fit.
How did your experience at Morgan Lewis prepare you for your future career?
Excellent client service requires devotion to other people's goals. I learned a great deal from working with partners and associates at Morgan Lewis who had clearly devoted themselves to client service. In the in-house role, that dedication doesn't change too much--"client service" means the legal function's devotion to the needs of the business. We need to figure out how to make new ideas happen. I learned plenty of technical skills along the way as well that I use regularly, including in contract drafting and negotiation, but I think the service-focused approach that Morgan Lewis takes is what I've definitely carried with me.
Can you tell us a bit about what your day-to-day is like?
When I joined the company, I was part of the umbrella team that provided central services functions to Ripken Baseball, Cooperstown All Star Village, Sports Force, and Baseball Factory. As we grew into what would become Unrivaled Sports, we built up significantly through strategic M&A. We expanded from baseball programming in a few places to having flag football and other sports programming. We also added high-quality sports destinations in New Jersey, Texas, Nevada, California, and Canton, Ohio, adjacent to the Pro Football Hall of Fame. We've also dramatically expanded our footprint in youth baseball along the way, with Unrivaled Baseball Network as a nationwide group of premier baseball tournament operators affiliated with the United States Specialty Sports Association. That transition--going from small but mighty to much bigger and trying to stay just as mighty--has been the most exciting part of the job and the biggest challenge, because the legal team is supporting the existing business while evaluating new growth opportunities and executing on new deals.
My day-to-day usually involves a few different types of work: risk management/compliance, business development (M&A and otherwise), and general advisory work. We need to keep kids safe and our business in compliance with any relevant regulations. That means working with our health and safety team to respond to incidents as they occur and draft company policies that are thoughtful, practical, and implementable. It also means working closely with our insurance broker to make sure we're covered where we need to be. On the business compliance front, we need to stay organized on business licenses, registrations to do business, franchise taxes, and anything else that might arise across many jurisdictions.
On the non-M&A business development front, I oversee the work of our assistant general counsel, who generally takes point on new contracts that help us grow the business. We work together with our business leads to build agreements that match up with deals they've struck. Our best work is done when we're involved early in the planning process, because we can help them problem-solve live and work through potential sticking points.
My general advisory work runs the gamut, covering any potential "legal" issue.
When handling these different buckets of work, I'm fortunate to work with a great assistant general counsel and, as of April 2025, a great chief legal officer.
What advice do you have for lawyers just starting out in their careers or who are deciding what direction their career paths should take?
For any new lawyers, gaining competence needs to be the primary focus. Coming out of law school, you're being hired for what you can learn and not what you already know. You need to recognize that feedback is a gift, and you earn more of it by showing that you can learn from it. Associates two or three years more senior can be your best resources, but they are often too busy working to teach the same thing two or three times. They may give up on someone who keeps making the same careless mistakes, but they'll show more patience for the ones who keep at it, show they can learn, and want to be useful. The tough part about starting from zero, though, is keeping your head up in the face of a lot of feedback early on. If you keep at it, your persistence and your training in the early years will form a strong foundation to build a career on.
For folks deciding on career direction, I think putting yourself out there to ask for advice from a variety of perspectives is really important. For major life decisions, there's value in taking a "dragonfly eye" approach. In other words, you know that every person you speak with is going to be biased in their own way based on their own experience, but you can still put their perspectives into context and learn from them. So, if in-house jobs are a consideration, go talk to five different in-house lawyers at different-sized companies in different stages of their careers. If you want to do IP law, go talk to five IP lawyers. If you can get time on their schedules, people generally like being asked about themselves, and they're far more willing to provide guidance when they feel like their opinion is valued.
What inspires you every day?
I'm in the business of building and supporting premier youth sports experiences across the country, and all of my coworkers are expected to work toward that same goal, from the leadership team to the general managers and on-field operators to the restaurant staff to the marketing and accounting teams. That inspires me every day.
What does success mean to you?
In my role at Unrivaled Sports, success means aligning our legal strategies with our business goals in an efficient manner.
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Original text here: https://www.morganlewis.com/news/2026/02/from-associate-to-alumnus-carrying-lessons-of-leadership-forward
Deidre Johnson Discusses Court Decision Vacating Expanded HSR Filing Rules in The National Law Journal
BOSTON, Massachusetts, Feb. 20 [Category: BizLaw/Legal] -- Ropes and Gray, a law firm, issued the following news:
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Deidre Johnson Discusses Court Decision Vacating Expanded HSR Filing Rules in The National Law Journal
U.S. District Judge Jeremy Kernodle of the Eastern District of Texas vacated the Federal Trade Commission's expanded Hart-Scott-Rodino (HSR) merger filing requirements, ruling that the agency failed to demonstrate that the revised disclosure framework would prevent unlawful transactions beyond those already addressed under the prior rules.
In The National Law Journal, antitrust
... Show Full Article
BOSTON, Massachusetts, Feb. 20 [Category: BizLaw/Legal] -- Ropes and Gray, a law firm, issued the following news:
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Deidre Johnson Discusses Court Decision Vacating Expanded HSR Filing Rules in The National Law Journal
U.S. District Judge Jeremy Kernodle of the Eastern District of Texas vacated the Federal Trade Commission's expanded Hart-Scott-Rodino (HSR) merger filing requirements, ruling that the agency failed to demonstrate that the revised disclosure framework would prevent unlawful transactions beyond those already addressed under the prior rules.
In The National Law Journal, antitrustpartner Deidre Johnson discussed the implications of the 2025 HSR rules in light of the court's decision, noting that the expanded filing requirements imposed significant timing and compliance burdens on dealmaking parties, particularly given the breadth of disclosures required across transactions.
"The district court ruling recognizes the extreme burden of the new rules in terms of time to comply, and the speed at which you are able to get your deal through," Deidre said.
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Original text here: https://www.ropesgray.com/en/news-and-events/news/2026/02/deidre-johnson-discusses-court-decision-vacating-expanded-hsr-filing-rules
Brian Burnovski Discusses Petition Seeking Supreme Court Review of the Goldman Standard With Bloomberg Law
NEW YORK, Feb. 20 -- Davis Polk and Wardwell, a law firm, issued the following news:
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Brian Burnovski discusses petition seeking Supreme Court review of the Goldman standard with Bloomberg Law
Davis Polk partner Brian Burnovski was quoted in Bloomberg Law discussing Johnson & Johnson's recent cert petition urging the U.S. Supreme Court to review a Third Circuit decision addressing the Court's 2021 Goldman standard for certifying a stockholder class.
In discussing the possibility that the Court will take the case, Brian said, "It would be great if the Supreme Court took up the case, as
... Show Full Article
NEW YORK, Feb. 20 -- Davis Polk and Wardwell, a law firm, issued the following news:
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Brian Burnovski discusses petition seeking Supreme Court review of the Goldman standard with Bloomberg Law
Davis Polk partner Brian Burnovski was quoted in Bloomberg Law discussing Johnson & Johnson's recent cert petition urging the U.S. Supreme Court to review a Third Circuit decision addressing the Court's 2021 Goldman standard for certifying a stockholder class.
In discussing the possibility that the Court will take the case, Brian said, "It would be great if the Supreme Court took up the case, asI think the lower courts and the securities bar would benefit from greater clarity around when a mismatch should be found under Goldman."
The article notes that it may be too soon for the Court to revisit Goldman. Brian commented, "Despite Judge Chung's persuasive dissent, I think the Court is more likely to wait until additional Circuits have a chance to weigh in on this issue."
"J&J Seeks to Limit Investors' Class Pathway at Supreme Court," (https://www.bloomberglaw.com/product/blaw/bloomberglawnews/bloomberg-law-news/XCB6CA6O000000) (Bloomberg Law) (additional subscription required)
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Original text here: https://www.davispolk.com/news/brian-burnovski-discusses-petition-seeking-supreme-court-review-goldman-standard-bloomberg-law
[Category: BizLaw/Legal]
BT Adds National Top-Tier 35-Lawyer Public Finance and Infrastructure Teams, Opens Three New Offices
INDIANAPOLIS, Indiana, Feb. 20 -- Barnes and Thornburg, a law firm, issued the following news release:
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BT Adds National Top-Tier 35-Lawyer Public Finance and Infrastructure Teams, Opens Three New Offices
Nearly 50 lawyers and business professionals in the nationally ranked practices joining across 10 markets including new offices in Baltimore, Denver and Phoenix
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Barnes & Thornburg is adding 35 lawyers, including 25 partners, to its Government Services and Finance Department.
The move catapults Barnes & Thornburg to the national forefront in advising private and public sector clients
... Show Full Article
INDIANAPOLIS, Indiana, Feb. 20 -- Barnes and Thornburg, a law firm, issued the following news release:
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BT Adds National Top-Tier 35-Lawyer Public Finance and Infrastructure Teams, Opens Three New Offices
Nearly 50 lawyers and business professionals in the nationally ranked practices joining across 10 markets including new offices in Baltimore, Denver and Phoenix
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Barnes & Thornburg is adding 35 lawyers, including 25 partners, to its Government Services and Finance Department.
The move catapults Barnes & Thornburg to the national forefront in advising private and public sector clientson complex public finance deals and advancing infrastructure projects. This talented group joins the firm's 21 existing public finance lawyers to bring the firmwide practice to 56 public finance and infrastructure lawyers serving clients across the country in a broad range of industries from state and local government, to underwriting and banking, to healthcare and education, to solid waste and renewable energy, to housing and securitizations, to civil and social infrastructure, to defaults and bankruptcies, to municipal securities regulation and enforcement, and to the purchase and restructuring of distressed debt.
"We're thrilled to kick off 2026 by welcoming one of the nation's top public finance and infrastructure practices to the firm. With this group, we also expand in our existing offices, while entering three new markets -- all of which supports the strategic growth we have been focused on," said Managing Partner Andrew J. Detherage. "This team represents a premier practice that enhances the firm's existing public finance practice, and supports the firm's strategic growth strategy to be a top destination for talented lawyers and marquee practices."
New partner Valarie Allen will join current partner Kimberly Blanchet in serving as department vice chairs for public finance. John Smolen and Steve Park will lead the Infrastructure practice. Among the others joining BT are partners William Rhodes, Kimberly Magrini, Holly Horsley and Randall Towers in Philadelphia; Jeffrey Ballard, Andrew Spicknall, Charles Treece and Daniel Nunez in Washington, D.C.; Peter Lam in New York City; Silvia Shin and Emilie Ninan in Wilmington, Del.; and Teri Guarnaccia, Anastasia Khokhryakova and Michele Bax in Baltimore, Denver and Phoenix, respectively. The group also includes partner Benjamin Johnson, who previously practiced at Barnes & Thornburg and served as co-chair of the Charter School and School Innovation practice.
"This is transformative for our team and the firm," said Government Services and Finance Department Chair Richard J. Hall. "Our newly expanded bench positions Barnes & Thornburg in the nation's top 10 practices for public finance and deepens the services and value we can provide to clients across the finance and regulatory landscape."
With this game-changing addition, Barnes & Thornburg now boasts approximately 850 lawyers serving clients across the globe from 26 U.S. offices. Since 2020, the firm has added over 200 lawyers and established market presence in Boston, Nashville, New York, Philadelphia, and Morristown, N.J.
New team members are resident in 10 offices, including the three new markets of Baltimore, Denver and Phoenix. The additions also strengthen the firm's existing presence in Philadelphia, Washington, D.C., Minneapolis, Morristown, N.J., New York, Los Angeles and Wilmington, Del. The firm now has public finance lawyers in 15 offices, including Indianapolis; South Bend, Ind.; Fort Wayne, Ind.; Columbus, Ohio; and Chicago.
The group joins from Ballard Spahr, where they were ranked regularly by The Bond Buyer in the top 10 nationally by dollar volume of bond issuances as bond and underwriter counsel. They have been nationally and internationally recognized for advancing many of the largest and most complex alternative project delivery -- including public-private partnership (P3) -- infrastructure projects in the nation.
The new finance team represents issuers, borrowers, bankers, investors, credit providers, trustees, developers, securitizers and GSEs in almost every type of public or project finance or other tax-advantaged transaction. The team leads infrastructure projects ranging from transportation, rail/transit and port/airport systems and energy facilities to affordable housing (multifamily, single family, student, military and senior housing) and all other types of social infrastructure. They represent federal, state and local governments and private sector developers, investors and lenders in pre-procurement activities, project development and delivery, regulatory compliance, legislative support, community relations, project implementation and related tax issues. The team is also well known for its experience with 103 tax matters, municipal securities regulation and enforcement, and defaults, work-outs, restructurings and municipal bond bankruptcies.
Barnes & Thornburg currently provides comprehensive legal services to participants in public finance transactions for both public and public-private projects. The firm regularly serves as bond counsel or counsel to underwriters, issuers, borrowers, and banks, as well as investors, indenture trustees and credit and liquidity providers.
"We are excited to launch Barnes & Thornburg offices in Baltimore, Denver and Phoenix, and to join this growing and dynamic firm of collaborators," said Allen. "Barnes & Thornburg shares the same commitment to excellence and client service that we developed at Ballard Spahr, and we look forward to working with our new colleagues."
Blanchet added, "This combination of outstanding lawyers creates a dynamic team that will continue to expand."
Partners
1. Valarie Allen, Philadelphia
2. Jeffrey Ballard, D.C.
3. Michele Bax, Phoenix
4. David Fernandez, New York (joins 3/2)
5. Garland Gantt, D.C. (joins 2/21)
6. Teri Guarnaccia, Baltimore
7. Charles Henck, D.C.
8. Holly Horsley, Philadelphia
9. Benjamin Johnson, Minneapolis
10. Anastasia Khokhryakova, Denver
11. Stephanie Kim, D.C. (joins 2/21)
12. Peter Lam, New York
13. Kimberly Magrini, Philadelphia
14. Skye Nickalls, Philadelphia
15. Emilie Ninan, Wilmington, Del. (joins 2/21)
16. Daniel Nunez, D.C.
17. Steve Park, Philadelphia
18. William Rhodes, Philadelphia
19. Silvia Shin, Wilmington, Del.
20. John Smolen, Baltimore
21. Andy Spicknall, D.C.
22. Jere Thompson, Philadelphia
23. Randall Towers, Philadelphia
24. Charles Treece, D.C.
25. John Wheatley, D.C.
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About Barnes & Thornburg
Barnes & Thornburg operates 26 offices across the United States, enabling more than 850 lawyers to serve clients nationwide. As one of the 100 largest law firms in the country, we provide seamless coast-to-coast coverage for high-stakes litigation, complex transactions and innovative IP matters. Our national reach and knowledge of local markets help clients conduct business confidently wherever opportunities arise. Visit btlaw.com.
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Original text here: https://btlaw.com/en/insights/news/2026/bt-adds-national-top-tier-35-lawyer-public-finance-and-infrastructure-teams
[Category: BizLaw/Legal]