January 23, 2018

January 23, 2018

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January 22, 2018

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immigration green arrow, baha, trump
President Donald Trump’s executive order in April 2017 entitled “Buy American and Hire American” (BAHA) is leading to proposed... Read More >
Employment Law, Billboard
We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field. We look at the latest trends, important court... Read More >
shut down, government, USCIS, immigration, EB5
The federal government has officially shut down as of 12:01 a.m. on Saturday, January 20, 2018. The House of Representatives, for its part, passed a... Read More >
Congress, Government, Shutdown
Late Friday (Jan. 19)  the U.S. Senate failed to pass the House of Representatives approved Continuing Resolution (or CR).  As of January... Read More >
marijuana, federal enforcement
On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws... Read More >
Sexual Harassment
As sexual abuse, assault, harassment, and other misconduct have dominated national headlines, state capitols and lobbyists have not escaped scrutiny... Read More >
health, benefits, shutdown, contractor, foreign workers, WARN Act
Once again, a government shutdown seems inevitable.  During previous government shutdowns, government agencies and departments issued stop-work... Read More >
search, border patrol, electronic device, "basic", "advanced", encrypted information
On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP... Read More >
nanotechnology, nni, public meetings
The Office of Science and Technology Policy published a Federal Register notice on January 23, 2018... Read More >
fda, fcn, Bailey, Lin
Allan Bailey, Ph.D., has been named the Acting Director of the U.S. Food and Drug Administration’s... Read More >
solar panel, tariff, import, ADCV, Trump, China
President Trump announced the imposition of tariffs on imported crystalline silicon photovoltaic (“... Read More >
FDA, health, significant decision
The Food and Drug Administration (FDA) recently issued a proposed rule that would define terms in... Read More >
tax, TCJA, individual mandate, filing
This is the seventh article in our series covering various tax and employee benefits-related... Read More >

Federal Court News

water icon, wotus

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal government’s...

1st amendment, 9th circuit, credit card, surcharge

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”),[1]upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a...

Magna Mirrors of America, SMR Automotive Systems USA, K2M Inc, Orthopediatrics Corp, Ductmate Industries, IPR

Listed below are all new filings before PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM).  Also listed are any newly-posted requests for ex partereexamination at the...

lgbt flag, title vii

Further emphasizing the split in authority on sexual orientation discrimination, last month the Eastern District of Missouri dismissed plaintiff Mark Horton’s claim that Midwest Geriatric Management LLC (“MGM”) violated Title...

water ball, wotus, cwe

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...

gavel, supreme court, flsa

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro.  At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer...

State Court News

overtime clock, pennsylvania

On January 17, 2018, Pennsylvania Governor Tom Wolf announced an initiative to “modernize” Pennsylvania’s overtime rules.

Governor Wolf has directed the Pennsylvania Department of Labor and Industry to...

maid, hotel housekeepers, california

The California Division of Occupational Safety and Health (Cal/OSHA) has created new rules intended to protect hotel housekeepers. These new rules are contained in the newly-created Section 3345 in Title 8 of the California...

marijuana leaf, sessions, colorado

Attorney General Jeff Sessions’s January 4, 2018, Memorandum for All U.S. Attorneys explicitly rescinds all prior nationwide guidance on marijuana-related offenses under the federal Controlled Substance Act (...


North Korea, South Korea, unite, Olympic games

Despite increased tension and growing hostility in the region, an agreement has been reached in respect of North Korea’s participation in the Winter Olympics in PyeongChang, South Korea.

On 9 January,...

Canada, British Columbia, e commerce, craigslist, jurisdiction

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...

food safety, bpa, ban, EC, EU, ENFI

The European Parliament’s Committee on the Environment, Public Health and Food Safety Committee (ENVI) rejected a motion to oppose the adoption of the draft EU Regulation on the use of bisphenol A in varnishes and coatings...