June 3, 2023
Volume XIII, Number 154
June 02, 2023
- China’s National Intellectual Property Administration to Cease... by: Aaron Wininger
- Upcoming NYSE and NASDAQ Clawback Requirements by: Edward B. Crosland, Jr. and John J. Spidi
- Beltway Buzz, June 2, 2023 by: James J. Plunkett
- Latin America Energy Updates: January – April 2023 by: Erick Hernández Gallego and Luis Jorge Akle Arronte
- U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach... by: General Employment Litigation Practice Group Jackson Lewis
- IP Industry Comment Opportunity At USPTO: Strategies to Address... by: Pamela M. Deese
- Court Declines to Halt Vineyard Wind Project by: Meghan E. Smith and Marisa Del Turco
- NLRB Issues Memo on Non-competes Violating NLRA by: Sidney F. Lewis, V
- Supreme Court Clarifies that Subjective (Not Objective) Knowledge of... by: Michael W. Paddock and David T. Fischer
- Montana’s Comprehensive Privacy Law Signed by the Governor by: Julia B. Jacobson
- U.S. Department of Education Delays Release of Title IX Final Rules... by: Federico G. Barrera and Lisa Karen Atkins
- California’s Workplace Violence Bill Passes State Senate and Heads to... by: Karen Tynan and Robert C. Rodriguez
- Leaves of Absence Four Key (and Surprising) Points for Navigating... by: Charles L. Thompson, IV and Stacy M. Bunck
- Israel Approves the First Animal-Free Protein for Food Use by: David J. Ettinger and Jenny Xin Li
- Pennsylvania AG Targets Rent-to-Own Company for Alleged Deceptive and... by: Moorari Shah and A.J. S. Dhaliwal
- Heart-to-Heart on Reduction to Practice: When It Comes to Testing,... by: Thomas DaMario
- Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing by: Eleanor B. Atkins
- Summer State/Local Law Round-Up, Part 2 of 2 (US) by: Shennan Harris and Scott G. Held
- A Long Hot Summer: Effective Variable Rates Subject to Increase (... by: Les Jacobowitz and Nicholas A. Marten
- U.S. Supreme Court Unanimously Finds Subjective Intent Controls in... by: John E. Kelly and Jacquelyn Papish
- $1.185 Billion PFAS Settlement For Water Utilities by: John Gardella
- Well Runs Dry: Summary Judgment Denial Supports Non-Exceptional Case... by: Amol Parikh
- Reminder: The FTC “Safeguards Rule” Compliance Date is June 9 by: Dhara Shah and A.J. S. Dhaliwal
- FTC to Scrutinize Commercial Use of Biometric Information Moving... by: Christopher S. Finnerty and Morgan T. Nickerson
- (Australia) Debt Ceilings Apply Outside of the US by: Masi Zaki and Kate Spratt
- MCDERMOTTPLUS CHECK-UP: JUNE 2, 2023 by: McDermott + Consulting
- Amendment to Chicago Human Rights Ordinance Protects Bodily Autonomy... by: Ellen M. Hemminger
- Workplace Strategies Watercooler 2023: Ogletree Deakins’ Annual... by: Jennifer Betts and Bernard J. Bobber
- EPA PFAS Enforcement Tools Lining Up for Aggressive Future by: John Gardella
- IRS Issues Reminder that Claims Under Health and Dependent Care FSAS... by: Jacob Mattinson and Sarah G. Raaii
- U.S. Executive Branch Update – June 2, 2023 by: Stacy A. Swanson
- Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not... by: Joseph A. Meckes
- MiCA and Crypto Transfer Rules Approved by the European Parliament by: Christopher Collins and Neil Robson
- Honey, I Lost the Trade Mark: Manuka Honey Declared Not Exclusive to... by: Jonathan Feder and Phoebe Naylor
June 01, 2023
- Energy & Sustainability Washington Update — June 2023 by: R. Neal Martin
- Senators Release Report from Government Watchdog on the Prevalence... by: Mark L. Daniels
- SCCS Updates Guidance for the Testing of Cosmetic Ingredients and... by: Lynn L. Bergeson and Carla N. Hutton
- Neither Narrow Proposed Claim Construction nor Work Product Claim... by: Cecilia Choy, Ph.D.
- Are Some Tokens Securities? Stock? And What Does It Mean for Taxes? by: Andie Kramer
- How Does Climate Change Create Financial Risk? Ask Insurance... by: Jacob H. Hupart
- Unpacking Averages: Understanding the Potential for Bias in a Sepsis... by: Bradley Merrill Thompson
- CMS Proposing Major Changes to Medicaid Drug Rebate Program by: Merle M. DeLancey Jr.
- The CROWN Act: Unbraiding the Legal Issues for Employers by: Rainét N. Spence
- Beware of the SLAT Divorce Trap by: Andrew M. Logan
- NLRB General Counsel Asserts Non-Competes Violate the National Labor... by: Clifford R. Atlas and Jonathan J. Spitz
- EPA Issues Final Rule to Accelerate Use of Plant-Incorporated... by: Lisa R. Burchi and James V. Aidala
- Cross-Border Data Transfers Under China’s Personal Information... by: Ting Zheng and Ziyan "Frank" Xue
- Singapore’s Central Bank and Google Cloud Collaborate on Responsible... by: Charmian Aw
- Marketing Implications of California’s Proposition 12 by: Food and Drug Law at Keller and Heckman
- IRS Issues Notice Regarding Expansion of EPCRS under SECURE 2.0 Act by: Katina K. Gorman and Brian T. Gallagher
- Minnesota PFAS Ban the Broadest in the Nation by: John Gardella
- Workplace Strategies Watercooler 2023: All Things ADA, LOA, FMLA, and... by: Stacy M. Bunck and John G. Stretton
- Health Care Fraud and Labor Unrest Top Today’s Docket – SCOTUS Today by: Stuart M. Gerson
- Fair Work Act Changes - Important Changes Approaching by: Alanna Fitzpatrick and Michaela Moloney
- IRS Provides Additional Guidance for Advanced Energy Projects Under... by: John Eliason and Kenneth M. Minesinger
- Reversal Rates In The Sixth Circuit And Elsewhere by: Colter Paulson
- Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17... by: Forrest G. Read IV
- Debt Ceiling Showdown Yields Significant Permitting Reform Legislation by: Eric L. Christensen and Julius M. Redd
- Illinois Poised To Become Latest State To Mandate Pay Transparency by: David G. Weldon and Charity N. Seaborn
- NLRB General Counsel Targets Non-Compete Agreements as Unlawful by: Maureen Rouse-Ayoub and Ashleigh E. Draft
- BETO Announces Novel State-of-the-Art Workflow Technology to... by: Lynn L. Bergeson and Carla N. Hutton
- BETO Launches New Renewable Carbon Resources Web Page by: Lynn L. Bergeson and Carla N. Hutton
- IRS Issues Proposed Regulations for Energy Projects Located in Low-... by: John Eliason and Margaret J. Weil
- Court Holds State Owned LLCs Are Not "Political Subdivisions... by: Keith Paul Bishop
- Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not... by: Jon Welner
- ANSES Calls for the EC to Adopt a “More Protective” Definition of... by: Lynn L. Bergeson and Carla N. Hutton
- Minnesota Worker Safety Legislation for Meatpacking and Warehouse... by: Brent D. Kettelkamp and Nathan T. Boone
- NLRB General Counsel Says Noncompete Agreements Violate Federal Labor... by: Jennifer Betts and Tobias E. Schlueter
- This Week in 340B: May 23 – 30, 202 by: Emily J. Cook and Ming Chuang
- New Antidumping and Countervailing Duty Petitions on Certain Paper... by: Nancy A. Noonan and Leah Scarpelli
- Supreme Court Narrows Scope of Waters Protected by the Clean Water... by: James Rusk and S. Keith Garner
- Court Affirmed a Judgment That a Will Was Invalid Due to Mental... by: David Fowler Johnson
- At least two Supreme Court Justices think there's a limit to... by: Jeffrey R. Porter
May 31, 2023
- Part II: With New DAO Law on the Books, Utah Joins Race with Wyoming... by: Jason H. Finger and Peter Cramer
- EEOC Issues Nonbinding Guidance on Permissible Employer Use of... by: Rosemary Alito and Erinn L. Rigney
- AAFCO Comments on the Pet Food Institute’s Proposed New Federalized... by: Food and Drug Law at Keller and Heckman
- NLRB Memorandum GC23-08: "Non-Compete Agreements that Violate... by: Craig T. Papka and Michael R. Scherer
- China: MOU of ETF Products Between China and Singapore Exchanges by: Chloe Duan and Grace Ye
- “Forever chemicals:” a PFAS regulatory update with Jean Mosites [... by: Jean M. Mosites
- Mintz May Madness: Montana’s New Consumer Data Privacy Law Follows... by: Michael B. Katz and Cynthia J. Larose
- Sackett Decision Shrinks Federal Regulation of Wetlands by: Lisa M. Bruderly
- Time Is Money: A Quick Wage-Hour Tip on … Training Time by: Ann Knuckles Mahoney
- FCA Publishes Findings From its Whistleblowing Survey 2022 by: Ciara McBrien and Neil Robson
- Interpretation of an Interpreter Request? 11th Circuit Weighs in on... by: Amy Puckett and Anne R. Yuengert
- NLRB General Counsel Takes Aim at Non-Competition Agreements by: Sara J. Robertson and Isaac T. Caverly
- U.S. Executive Branch Update – May 31, 2023 by: Stacy A. Swanson
- Montana Passes 9th Comprehensive Consumer Privacy Law in the U.S. by: Jason C. Gavejian and Joseph J. Lazzarotti
- NLRB General Counsel Now Targeting Noncompetes for Nonmanagerial and... by: Steven M. Swirsky and Erin E. Schaefer
- Michigan Court of Appeals Broadens Potential Exposure to Securities... by: Matthew P. Allen
- NLRB General Counsel Issues Memo Targeting Noncompete Agreements for... by: Steven M. Swirsky and Erin E. Schaefer
- Ninth Circuit Declines To Aggregate Loans For Usury Exemption by: Keith Paul Bishop
- NY Attorney General Proposes to Increase Obligations on Crypto... by: Gary De Waal and Daniel J. Davis
- European Commission Responds to ESA's Questions on The... by: Áine Ní Riain and Gayle Bowen
- South Korea Looks to Tighten Biometrics Laws Amid Generative AI by: Charmian Aw
- SCOTUS Warhol Decision Articulates Narrow Limitation to... by: Kevin P. Ray
- Retailers: What Anticounterfeiting and Antipiracy Strategies Work for... by: Matthew Nigriny and Gary A. Abelev
- Lower Colorado Basin States’ Compromise on Water Conservation by: Christopher Thorne and Casey A. Shpall
- Securities Litigation Alert: Ninth Circuit Clarifies Standards... by: Jason M. Halper and Ellen Holloman
- Minnesota Extends Protections and Accommodations for Pregnant and... by: Cynthia A. Bremer and Jody Ward-Rannow
- Bored Ape Yacht Club NFT Drama Isn’t Boring At All by: Jessica G. Kraver
- Do you really intend to offer NFTs, digital collectibles, and virtual... by: Michael R. Justus
- Workplace Strategies Watercooler 2023: Multistate Monday—Updating... by: Dee Anna Hays and Christine Bestor Townsend
- Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident... by: Wayne E. Pinkstone and John Surma
- California High Court Defines Protected “Disclosure” Under... by: Cole K. Waldhauser
- SEC Adopts Final Rule Amendments to Form PF by: Adam Bolter
- Gas Pipeline Methane Emissions Under Congressional Scrutiny; PHMSA... by: Kurt L. Krieger and Kevin W. Hivick Jr.
- Federal Court to Reexamine Merits of a Nationwide Injunction to Tip... by: Allison B Williams and Ashley Faulkner
- No Limits: Non-Compete Agreements Next Up on NLRB General Counsel... by: Michael J. Lebowich and Mark Theodore
- European Parliament’s Leading Committees Vote to Approve AI Act by: Simon J. McMenemy
Emerging Legal News
Russia & Ukraine Legal Updates
THE BUSINESS OF LAW
Upcoming Legal Education Events
Federal Law News
On May 30, 2023, Jennifer Abruzzo, the general counsel for the National Labor Relations Board (NLRB), issued a...
Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee qualifies for leave....
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that the patent owner successfully demonstrated that the claimed heart catheter invention was conceived and reduced to practice prior to the...
The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury that would be...
The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees, explaining that when a district court denies summary judgment and allows a plaintiff’s case to proceed, the district court effectively...
THIS WEEK’S DOSE
The House’s scheduled Memorial Day recess was cut short after President Biden and House Speaker McCarthy (R-CA) announced last weekend that they had reached a deal on raising the...
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
1:45 p.m. EDT – THE...
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license...
In May, the U.S. Department of Energy (DOE) announced the following clean energy infrastructure program and funding...
The Patent Trial & Appeal Board of the US Patent & Trademark Office (PTO) canceled all challenged claims across five patents because the patent owner failed to meet its duty of candor by selectively and improperly...
In recent years, there has been a growing movement to ban discrimination against natural hairstyles. This movement was cultivated by the introduction of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act,...
State Law News
On May 31, 2023, the California Senate passed Senate Bill (SB) No. 553 by a vote of 29–8. The legislation would establish new workplace violence...
In our post earlier this week, we covered recent developments in state and local labor and...
As of February 1, 2023, the Chicago Human Rights Ordinance (“CHRO”) provides protections for the bodily autonomy of workers.
Under the amendment, an employer may not discriminate or retaliate against...
As we have previously blogged, the U.S. Supreme Court...
We reported extensively on the landmark legislation passed in Maine in 2021, which was at the time the most far-reaching PFAS ban...
Pay transparency laws continue to gain momentum across the country, encouraging open dialogue about compensation during recruitment
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) has launched a new, comprehensive web page dedicated to one of its priority subprograms, ...
The California State Teachers’ Retirement System ("CalSTRS"), formed two Delaware limited liability companies for the purpose of purchasing and holding title to two investment properties in Alameda County, California. ...
The Supreme Court ends protection for most wetlands in the United States...
In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the...
On May 24, 2023, Governor Tim Walz signed Senate File No. 3035, which, among other provisions, amends the Packinghouse Workers Bill of Rights (Minn. Stat. § 179.86),...
INTERNATIONAL LAW NEWS
Israel has recently taken a significant step forward in approving alternative proteins. Non-animal β-Lactoglobulin...Read More >
There are major issues arising from the phaseout of the US Dollar London InterBank Offered Rate (LIBOR), which will...Read More >
With increased stress in global, domestic, and regional economies, the number of Australian businesses at risk of...Read More >
An attempt to trade mark the term MANUKA HONEY in New Zealand has come to a sticky end. Assistant Commissioner of Trade Marks Natasha...Read More >
The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published on May 16, 2023, the 12th...Read More >
In February 2023 Cyberspace Administration of China (the “Cyberspace Administration”) published rules on Standard...Read More >
On 31 May 2023, the Monetary Authority of Singapore (MAS) and Google Cloud signed a memorandum of understanding to collaborate on...Read More >
In our recent alert, we set out some of the...Read More >