Real World Legal Updates

To PIP, or not to PIP – that is the question. In this episode of Real World Employment Law, Managing Partner Declan Leonard and Partner Kristin Zech take the stage to break down Performance Improvement Plans and discuss when they may be the right act for a business to take. They cover what a PIP is (and isn’t), how to approach it thoughtfully, and how it can be used as a tool for improvement when performance becomes lackluster. Tune in for a practical overview on navigating PIPs the right way to set up your team – and your company – for success.

Celsius has grown into one of the most popular energy drinks on the market, but its rapid rise has come with a series of legal battles.   In this episode of Real World Business Law, attorneys and real-life Celsius fans Shelby Julien and Cala Dossey break down the lawsuits behind the headlines and explore the bigger lesson for business leaders: strategic partnerships can be powerful growth tools, but only if they are structured the right way. From influencer marketing to employee incentives, they break down the common pitfalls companies face and what steps you can take now to avoid them.

Small business government contractors have new major considerations when evaluating potential M&A transactions following the recent implementation of an SBA rule on size and status recertification. In this episode of Real World GovCon Law, Partners Stephanie Wilson and Connie Phelps break down how SBA's new size and status recertification rule impacts an entity's eligibility for small business set-aside multiple award contracts and orders following an M&A transaction that occurred on or after January 17, 2026, and discuss how buyers and sellers should consider these changes in their due diligence processes.

No business ever plans on facing a discrimination lawsuit, but many do.   In this episode of Real World Employment Law, Managing Partner Declan Leonard and Counsel Drew Smith tackle an issue every employer hopes to avoid, and the immediate steps they can take to respond.   They offer a practical, high-level overview of the steps employers should take early on, how to navigate the legal process, and common pitfalls to avoid. They also explore insurance coverage, settlement options, and alternatives to trial.   Tune in to learn what to do if your company is faced with a discrimination lawsuit, and what steps it can take to reduce the risk of future claims.

On January 16, 2026, the Department of Defense issued a video statement and memorandum directing a sweeping review of 8(a) and small business set-aside and sole source contracts over $20 million. Shortly after, on January 22, 2026, the Small Business Administration issued new 8(a) Program guidance and suspended more than 1,000 8(a) contractors for failing to submit their required audit documentation by the January 19th reporting deadline. Together, these developments signal a major escalation in enforcement and compliance risks for small-business contractors. In this podcast, Declan Leonard and Stephanie Wilson tackle this breaking news, why it matters, and what contractors should be doing now to protect themselves.

A major ruling impacting Virginia businesses was recently issued by the Supreme Court of Virginia, which held that the Virginia Wage Payment Act does not treat commissions as wages. Following this decision, employees may no longer file wage theft claims against their employers for unpaid commissions under the Act. In this episode of Real World Employment Law, Senior Associate Samy Abdallah and Associate Charles Bonani break down what the Virginia Wage Payment Act is, how the court's recent decision impacts it, and what developments businesses may see next as a new legislative session begins in Virginia.

Massive NIL deals are changing the game for college athletes, and more developments are on the way as multiple acts have been introduced to Congress to create a federal standard for NIL legislation.   In this episode of Sports in the Courts, Associate Attorney Charles Bonani and Counsel Drew Smith examine how the unique legal history and meaning of the term "student athlete" continue to shape NIL policy, influence college sports governance, and impact athletes in today’s evolving landscape.

With the 2025 seasons of high-contact sports like hockey and football underway, the debate is heating up once again: when does tough gameplay cross the line from physical to criminal?   In this episode of Sports in the Courts, Associate Attorney Charles Bonani and Counsel Drew Smith break down recent and historic examples where players took “full contact” too far — and ended up facing criminal charges.

As federal funding remains uncertain, many nonprofits are exploring new strategies to carry on their missions. Catch up on the education webinar hosted by The Center for Nonprofit Advancement, Berenzweig Leonard, LLP, and The Baldwin Group for a practical breakdown on how mergers and acquisitions can help nonprofits build stability, expand resources, and continue serving their communities through strategic partnerships. • The state of the nonprofit market; • Insights on the benefits of merging with another nonprofit; • What factors to consider when thinking about a merger; • The mechanics of merging; and • Potential alternatives to M&A. Reach out to our team with any questions: https://www.berenzweiglaw.com/contact/

In this week's BL Business Branding podcast, we continue our coverage of the ongoing lawsuit between boutique athleisure brand Lululemon and the big-box warehouse Costco Wholesale. Join hosts Nick Martinez and Isabel Weirtather as they share their insights and discuss how this legal dispute could impact businesses and consumers beyond the fashion headlines.

At every stage of business, one common denominator keeps companies moving forward and sets them apart from the competition: their people. In this episode of Real World Employment Law, Seth Berenzweig is joined by Rachel Platt, founder of PLATTinum Consulting and an experienced HR strategist with over 20 years of experience, to explore how business leaders can transform their approach to human resources to guide their companies through challenging times and drive growth. Together, they dive into the critical role that a strong, supportive HR policy plays in maximizing business success in scenarios ranging from responding to the impact of DOGE's budget cuts to seeing companies succeed after a merger or acquisition.

This week’s episode of BL Business Branding hits it out of the park! Join Nick Martinez and Isabel Wadsworth as they dive into the legal battle between the Chicago Cubs and a nearby rooftop bar selling fans a unique view of live games and discuss who really owns the fan experience. Tune in as they explore this fascinating intersection of sports, branding, and intellectual property.

We are back with another edition of Sports in the Courts! Associate Attorney Charles Bonani joins veteran sports radio host Tod Castleberry to cover the evolving landscape of college athletics in the era of NIL. Together, they break down a recent ruling granting final approval on the House settlement that ushers in a new wave of earning potential for Division I athletes starting July 1, 2025. Tune in as they explore what this decision means for the future of college sports, athlete compensation, and the NCAA as a whole.

Buckle up for this week’s edition of the BL Business Branding podcast! Join hosts Nick Martinez and Isabel Wadsworth as they unpack the legal drama surrounding Eleanor, the iconic car from the Gone in 60 Seconds franchise, and explore when a famous vehicle can be protected under copyright law as a character.

As new legal updates continue rolling out in 2025, GovCon business leaders must continuously adapt to the "new normal" while balancing the needs and expectations of their workforces. Industry leaders from BOOST LLC, The Baldwin Group, and Berenzweig Leonard, LLP, joined forces to provide tools and practical insights to help companies thrive while managing their employee relationships. Topics include: - How to respond to ADA remote work accommodation requests following the government's Return to Office Mandate; - Insights on the recent Executive Orders impacting healthcare and employee benefits; and - Tips for navigating the growing trend of remote employees "double dipping" by secretly working multiple jobs. Listen today for best practices from industry experts Lindsay Moore, Eric Mothershead, and Seth Berenzweig to help guide and support your workforce.

The rapidly changing global marketplace is booming with new opportunities, and the U.S. remains the world’s largest customer. But for foreign companies looking to enter the U.S. for the first time, knowing where to start and who to partner with can be the biggest barriers to entry. In this podcast, we join our colleagues at Pivot Security to explore the boom in new opportunities for businesses in the Middle East looking to connect with and grow within the U.S. market, and also discuss how American companies can land lucrative contracts in the Middle East. Hosts Yossi Levy, Martha Mashav, and Seth Berenzweig break down the current state of business opportunities between the U.S. and the Middle East and share their insights on navigating the complex regulatory environment of international strategic partnerships.

For many people, artificial intelligence has become a part of their daily lives, including at work. With over 75% of employees reportedly using AI in the workplace, businesses must quickly decide how and where they will incorporate AI tools into their workflows or risk losing control of their business's sensitive information. In this episode of Real World Employment Law, Partner Nick Johnson is joined by Kaamil Khan, President of ⁨Makpar, to discuss how business leaders can best create and execute an AI policy to help boost employee productivity while minimizing exposure to legal risks.

This BL Business Branding podcast episode dives into a high-profile legal clash between fashion heavyweights Adidas and Steve Madden. Join hosts Nick Martinez and Isabel Wadsworth as they explore Adidas' aggressive trademark enforcement of its iconic three-stripe mark—and Steve Madden's pushback, arguing that Adidas is overreaching and threatening creative freedom in the fashion world.

As DOGE made its way through different federal agencies, the impact of funding cuts and stop-work orders has created significant uncertainty for government contractors, leading to an increase in workforce reductions. These mass layoffs can trigger employee notice requirements under the Worker Adjustment and Retraining Notification (WARN) Act, and the clock is ticking. In this episode of the Real World Employment Law, Berenzweig Leonard Attorneys Elizabeth Payne-Maddalena and Samy Abdallah break down what employers need to know about the WARN Act and provide guidance on navigating mass layoffs while remaining compliant.

This week's BL Business Branding podcast dives into the 10-year legal saga surrounding Jack Daniels and a whiskey-themed parody dog toy the company is trying to keep off the shelves. Watch or listen now as hosts Nick Martinez and Isabel Wadsworth discuss the ongoing lawsuit and explore the difference between parody and trademark infringement in branding.

This week on the BL Business Branding podcast, hosts Nick Martinez and Isabel Wadsworth dive into a recent copyright scuffle surrounding unreleased music from Eminem tracks. Together they break down criminal charges brought against a former employee accused of leaking over two dozen unreleased tracks and discuss the importance of protecting your intellectual property in the digital age.

Associate Attorney Charles Bonani joins veteran sports radio host Tod Castleberry to break down the latest developments from the pending name, image and likeness (NIL) settlement process in college sports. If the proposed settlement moves forward, hundreds of thousands of college student athletes could be compensated directly by their universities, reshaping the NCAA athletics landscape forever.

As the new administration rolls out key executive orders and initiatives, nonprofit leaders face complex challenges as they strive to continue serving their communities. Catch up on the informative webinar hosted by the Center for Nonprofit Advancement, Berenzweig Leonard, LLP, and The Baldwin Group, which discussed practical tips to help nonprofits navigate this constantly changing regulatory landscape. Topics covered included: An overview of key Executive Orders and how they impact nonprofits; Recent cuts at federal agencies and what is coming down the DOGE pipeline next; Managing the impact of reduced funding and grants, including delayed payments; State law considerations and opportunities; and Navigating workforce challenges. Reach out to our team with any questions: https://www.berenzweiglaw.com/contact/

As part of our weekly series breaking down trademark and intellectual property insights, we are excited to introduce the newest addition to BL Business Branding - a podcast hosted by Nick Martinez and Isabel Wadsworth. Together, they'll tackle IP stories straight from the headlines and break down what business owners can learn from these real-world examples to help protect their brands and revenues. Check out their first episode, where Nick and Isabel dive into the history of the Ford Bronco and the recent lawsuit Ford filed alleging that a Georgia company reselling vintage-moded versions of the cars infringed on their iconic trademarks.

Government Contractors are navigating a complex set of challenges as they adapt to the flurry of policy changes from the new Trump Administration. Watch now to see industry leaders from BOOST LLC, The Baldwin Group, and Berenzweig Leonard, LLP, break down the real-world impact of recent administration actions and provide tools to help leaders navigate these changes and turn challenges into opportunities. Topics covered include: Potential furloughs & layoffs due to the risks of a federal funding freeze and potential government shutdown; Responding to the Return to Office mandate, including who is affected and how it could impact employee benefits; The current state of DEI requirements and how companies can communicate changes to their employees while staying compliant; State-specific employee benefits and paid family leave requirements; The elimination of Executive Order 14055, The Nondisplacement of Qualified Workers Under Service Contracts; and An overview of additional Executive Orders poised to have a major impact in the near future.

HR leaders are facing a whirlwind of change as the Trump Administration rapidly reshapes the federal workforce and employment landscape. The stakes are high, with significant implications for businesses and their employees. Watch to join Managing Partner Declan Leonard and Partner Nick Johnson for a candid discussion on the top five things HR professionals need to know to help position their companies for success in this period of rapid transformation. Together they discuss: Changes to the DEI landscape; The federal funding review and hiring freeze; New RTO requirements and initiatives; The emphasis on AI and efficiency; and The impact of increased immigration enforcement on businesses.

Major developments surrounding Name, Image, and Likeness (NIL) rights are revolutionizing college sports, creating unique opportunities for student-athletes and new challenges for universities. In this podcast, Berenzweig Leonard Attorneys Seth Berenzweig and Charles Bonani discuss the latest NIL news, legal developments, and strategies that current and former college athletes need to know to navigate this rapidly changing landscape.

Developing a comprehensive executive compensation strategy is essential for companies planning a liquidity event. In this podcast, Corporate Counsel Connie Phelps is joined by Mitch Kernus, Rick McLaughlin, and Tom Conlon from Morgan Stanley to share expert insights on the complexities of executive compensation. They discuss how executives can benefit from well-structured equity plans, explore how companies are deploying compensation strategies to attract top talent, and highlight key considerations for ensuring a successful liquidity event. Tune in to gain valuable guidance on building a compensation framework that supports your business goals and leadership team.

When starting a new business venture, entrepreneurs must address several key considerations early in the formation process to ensure lasting growth and avoid common pitfalls. In our latest podcast, Partner Nicholas Johnson is joined by Pavlo Phitidis, Founder of Aurik Business, to share insights on how business owners can get it right from the start and set their companies up for long-term success. Together, they explore the essential steps of business formation and discuss the critical factors owners should consider when deciding how to structure their organization. Tune in today to learn how to build a strong foundation for your business and set yourself up for sustainable growth and success.

Navigating the world of government contracts is highly competitive, and bid protests can be an essential strategy if you believe your proposal was unjustly overlooked. In this podcast, Berenzweig Leonard, LLP Attorneys Rachael Haley and Charles Bonani analyze the four most successful grounds for bid protests in 2023 according to the Government Accountability Office (GAO) and discuss how companies can use these arguments to their advantage when challenging a contested award.

The EEOC recently released its Final Rule and Interpretive Guidance on how businesses should implement the Pregnant Workers Fairness Act (PWFA). While the PWFA has required covered employers to provide temporary and reasonable accommodations to pregnant workers experiencing limitations relating to pregnancy, childbirth, or a related medical condition since it went into effect in 2023, the new guide takes things a step further and provides additional information and examples to help businesses comply with the PWFA's requirements. Watch as Berenzweig Leonard, LLP attorneys Declan Leonard and Kristin Zech break down the new Pregnant Workers Fairness Act guidance and discuss what steps HR leaders can take to remain compliant when implementing the act in the workplace. #BerenzweigLaw #EmploymentLaw #EmploymentLawyer

Contracts serve as the cornerstone for most business relationships by outlining the rights, responsibilities, and anticipated outcomes for all involved parties. Essentially, they lay the groundwork for business transactions. However, sometimes one party fails to fulfill their contractual obligations, disrupting the balance of the business relationship. In our latest podcast episode, Senior Associate Elizabeth Payne-Maddalena and Marketing Manager Rachel Goodnight discuss practical strategies and actionable steps for safeguarding your business interests if a contract dispute arises.

With competition for key workers growing, many companies are looking to enhance workplace culture and attract top talent by offering a popular new benefit: unlimited paid time off (PTO). While converting to unlimited PTO may seem like a simple process, there are a variety of common challenges that can arise when HR leaders manage the policy in real-world scenarios. Watch or listen on-demand as Berenzweig Leonard, LLP attorneys Declan Leonard and Kristin Zech discuss tips and share insights on how to create a PTO policy that aligns with company goals and strikes a balance between flexibility and accountability for employees in the fifth episode of our Be Your #HR Best webinar series.

Non-compete and non-solicitation agreements have recently been under focus at both the state and federal levels, but the need to protect key company contracts and information has not changed. In this podcast, Berenzweig Leonard, LLP Managing Partner Seth Berenzweig and Berkshire's Director of Audit & HR Services Lynn Clements share strategic insights that #governmentcontractors and #subcontractors can use to safeguard company assets and revenue, and describe how proprietary information and sensitive company data can be protected as trade secrets. #BerenzweigLaw #govcon

When companies are involved in M&A deals, determining the final purchase price is often one of the most difficult terms for buyers and sellers to agree on. One strategy that can be used to help parties reach an agreement is to set up an #earnout, a financial arrangement that ties a portion of a deal's purchase price to the future performance of the business being acquired. To learn more about earnouts and how they can affect M&A negotiations, listen to our new podcast featuring Berenzweig Leonard, LLP Counsel Connie Phelps Neigel and Managing Partner Declan Leonard.

Last week, Berenzweig Leonard, LLP hosted the fourth event in our Be Your HR Best webinar series, designed to help HR professionals and business leaders navigate the evolving employment law landscape. Watch or listen on-demand as Managing Partner Declan Leonard and Senior Associate Drew Smith discuss best practices and practical tips that you can use to elevate your company's annual review process.

Continuous growth and talent retention are major business goals that can be accomplished if a company strategically develops its financial compensation plans. In this podcast, Berenzweig Leonard, LLP Managing Partner Declan Leonard and Associate Attorney Joseph Tulloch explain how you can use phantom equity to enhance your company's value and promote the retention of key employees. #berenzweiglaw #employmentlaw #employmentlawyer #equity #employeeretention

Last month we partnered with Berkshire to host an informative webinar discussing state pay equity laws. Watch or listen on-demand as Berenzweig Leonard, LLP Senior Associate Attorney Elizabeth Payne-Maddalena and Berkshire's Manager of Compensation Services Thomas Carnahan, Ph.D. outline the latest salary disclosure laws and discuss steps that businesses should consider to comply with and adapt to these changing rules. Watch the video: https://lnkd.in/gTppGZqE Listen to the podcast: https://lnkd.in/gPtge5QQ #berenzweiglaw #payequity #paytransparency #paydisclosure #compliance #webinar #employmentlaw #salarydisclosure

When it comes to managing employee leave requests, #employers must navigate a complex crossroads of requirements established by the Family Medical Leave Act and the Americans with Disabilities Act. In this #podcast, Berenzweig Leonard Managing Partner Declan Leonard and Associate Attorney Samy Abdallah provide an overview of how these two laws interact and address how employers can effectively handle #FMLA and #ADA leave requests by striking a balance between health-related accommodations and #business continuity. #berenzweiglaw #employmentlaw #employmentlawyer #accomodations #sickleave

The clock is ticking for #GovernmentContractors who need to comply with the DoD’s Cybersecurity Maturity Model Certification (#CMMC) requirements to remain eligible for certain contracting opportunities. In this podcast, Berenzweig Leonard’s Director of Government Contracts Stephanie Wilson is joined by Exceed Cybersecurity & I.T. Services President Brian Guenther for an in-depth discussion about everything CMMC to help contractors prepare for these new #compliance requirements. Watch the video: https://lnkd.in/gkxjxBPH Listen to the podcast: https://lnkd.in/gyuMwgsW

Listen to the on-demand webinar by Berenzweig Leonard Managing Partner Declan Leonard and Senior Associate Amber Orr where they discuss five helpful tactics HR leaders can incorporate into their onboarding process to be the best at bringing on new employees while adhering to the latest employment laws.

June 29, 2023!! That is the deadline for qualifying government contractors to certify with the Department of Labor’s OFCCP that they have done their annual written Affirmative Action Plan. Failure to act may cause your company to end up on the DOL’s audit list, never a fun thing. Berenzweig Leonard, LLP Managing Partner Declan Leonard sits down with Lynn Clements of Berkshire to discuss how government contractors can get this done and stay on the right side of DOL.

We recently hosted our second event in our Be Your HR Best webinar series, designed to help HR professionals and business leaders navigate the evolving employment law landscape. Listen on-demand as Berenzweig Leonard attorneys Declan Leonard and Seth Berenzweig explore the critical roles HR leaders should serve as essential members of business leadership, and address how businesses can get significant value from HR executives to help lead their organizations. Learn why your company should stop sidelining HR leadership and see real-life examples of how HR leaders can help strengthen businesses and promote growth.

Last week we hosted the first event in our Be Your HR Best webinar series, designed to help HR professionals and business leaders navigate the evolving employment law landscape. We have also made it available on-demand for those unable to join us during the live broadcast. Watch as attorneys Declan Leonard and Nicholas Johnson break down the top employment trends that HR leaders and business owners can use to promote employee engagement in 2023.  #berenzweiglaw #hr #businessowner #webinar #2023trends #employeeengagement #remotework #hybridwork #hrtrends #hrprofessionals #employmentlaw #dei #employeeengagement

As pay disparity based on gender and race continues to be a nationwide concern, states are becoming more aggressive in their efforts to combat it. The two most common laws are pay transparency, in which employers are required to list the pay range in the initial job posting, and prohibitions on asking an applicant about their salary history. Watch as Berenzweig Leonard Managing Partner Declan Leonard and Senior Associate Elizabeth Payne-Maddalena discuss these state law trends and how companies can use this to their competitive advantage.

Starting on January 1, 2023, Virginia businesses and those companies who look to do business within Virginia might be subject to the newly enacted Virginia Consumer Data Protection Act (VCDPA). This law mandates that certain companies who routinely collect biographical and other sensitive information regarding Virginia consumers take immediate steps to ensure that such information is adequately protected from unlawful disclosure. Watch as Berenzweig Leonard Managing Partner Declan Leonard and Associate Aleksey House tell you all you need to know to get ready for this significant change in the business landscape in Virginia.

Whether you are expanding your business portfolio through M&A or making a strategic exit, one thing is certain: it is important to understand the details of your deal. In this podcast, Berenzweig Leonard LLP Managing Partner Declan Leonard is joined by Associate Attorney Joseph Tulloch as they explore their list of the top five considerations every buyer and seller should pay special attention to as they navigate the M&A process.

When a company is faced with a legal crisis, a quick and effective response is the best way to limit potential damage. In this episode of Real World Business Law, Senior Associate Attorney Elizabeth Payne-Maddalena and Legal Operations and Social Media Coordinator Rachel Goodnight discuss the recent public Try Guys crisis and break down what business owners can learn from the company's response. https://lnkd.in/dPsusFN3 #berenzweiglaw #podcast #legalupdate #businessowners #crisis #crisismanagement #crisisresponse #tryguys #business

When a company first receives a Charge of Discrimination from the EEOC, it must thoroughly respond to the initial claim to protect itself throughout the entire process. In this episode of Real World Employment Law, Managing Partner Declan Leonard is joined by Senior Associate Drew Smith as they provide guidance on how to navigate the EEOC's process and create an effective position statement for your business. https://lnkd.in/eE3CSKQH #berenzweiglaw #employmentlaw #business #eeoc #discrimination #employmentlawyer

Knowing your rights and risks is a crucial way for businesses to secure their brand identities and inventions. Partner Stephanie Wilson interviews intellectual property lawyer Clyde Findley to learn what business owners should consider when thinking about how to protect their company’s intellectual property assets. #berenzweiglaw #ip #intellectualproperty #intellectualpropertylaw #intellectualpropertyrights #iplawyer #intellectualpropertylawyer #businessowners