Articles

Professional Boards, Take Heed

MedPage Today Article

GKG Law’s Steve Fellman and Rich Bar were published by MedPage Today on October 24. Their article, “Professional Boards Take Heed,” can be seen in its entirety here and below. Op-Ed: Professional Boards, Take Heed Minimizing antitrust risks in light of recent rulings While 2020 has been fraught with uncertainty, at least one thing is quite […]

New Legal Support for Continuing Education Requirements in Certification Programs

ASAE Article

GKG Law Of Counsel Steve Fellman and Principal Rich Bar authored an article published by the American Society of Association Executives (ASAE) on October 20. See complete article here and below. Is it a violation of antitrust law for a certification board to require approved continuing education for professionals who wish to maintain their certification? A federal […]

STB: Effects of Board Expansion & Change

Atlantic Northeast Rails & Ports Article

SURFACE TRANSPORTATION BOARD RISING TO FULL STRENGTH JUST AS BEGEMAN'S TERM CLOSES AND THE POLITICAL SEAS (POTENTIALLY) CHANGE. The United States Surface Transportation Board (STB) is on the verge of a significant transition. Coming changes are in the Board’s composition and the possible effects on its regulatory process. Rail transportation professionals should consider ways in […]

Recommended Practices for Avoiding Discrimination in Hiring and Termination Decisions

ASAE Article

GKG Law Principal Katie Meyer authored an article published by the American Society of Association Executives (ASAE) on September 24. See complete article here and below. Association HR staff should review policies and practices around hiring and termination to reduce the likelihood that implicit bias is influencing their process and leaving their staff less diverse. […]

SmileDirect Decision Reveals Antitrust Risk For State Boards

Law360 Article

The new normal developed in response to the coronavirus pandemic has radically changed the way that professional services are provided to consumers. For many professions, working remotely rather than in an office setting has become pervasive. Virtual physical exams have become commonplace in health care. Virtual education is the norm for students from preschool through […]

Changes Coming to the U.S. Surface Transportation Board

NCTA Article

GKG Law Principal Tom Wilcox authored an article that published in the National Coal Transportation Association's September 10 On Track newsletter. Tom's article, "Changes Coming to the U.S. Surface Transportation Board" can be seen here and below. The United States Surface Transportation Board (STB) has had a very interesting tenure over the past two years, […]

Is an EIDL Right for Your Business?

Bloomberg Law Article

The Small Business Administration’s management of the Economic Injury Disaster Loan (EIDL) Program under the CARES Act has had several issues. Katharine Meyer, a principal at GKG Law, examines the pros and cons of obtaining an EIDL, including the potential burdens of the collateral requirements and maintaining hazard insurance on that collateral.   The Payroll […]

Trade Groups Face Antitrust Questions In Pandemic Response

Law360 Article

For most trade associations and professional societies, the coronavirus pandemic has resulted in major reductions in members' revenues. With retail stores closed and professional practices dependent on virtual meetings between professionals and clients/patients, nonessential industries and professions experienced devastating decreases in revenues. Now that the economy is reopening, members of trade associations and professional societies […]

STB: Analysis of Recent Demurrage Decisions

Atlantic Northeast Rails & Ports Article

To address complaints from rail users regarding unfair and burdensome demurrage and accessorial practices and charges of Class I railroads (Carriers), the Surface Transportation Board (Board) issued three decisions on April 30. They are as follows: Policy Statement The Policy Statement provides information on factors the Board will consider when evaluating the reasonableness of demurrage […]

Nonprofit Member Lists May Be Trade Secrets

Law360 Article

Nonprofit organizations everywhere should be made aware of a little-known secret — their member lists may constitute a trade secret protectable under the Defend Trade Secrets Act. To state a claim under the DTSA, a plaintiff must allege both the (1) existence and ownership of a trade secret, and (2) misappropriation of the trade secret. […]

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