September 19, 2021

Volume XI, Number 262


September 17, 2021

Subscribe to Latest Legal News and Analysis


FTC Guidance & Advertising Claim Stds
This summer, the Federal Trade Commission (FTC) published final rules codifying its long-... Read More >
Biden Administration Congress Build Back Better Tax Wealth Estate
The $3.5 trillion “Build Back Better” reconciliation spending program is... Read More >
PTAB Decisison Eli Lilly and Co. v. Teva Pharmaceuticals International GmbH
In Eli Lilly and Co. v. Teva Pharmaceuticals International GmbH, the Federal Circuit... Read More >
Changes to Estate Tax Planning
Late in the evening on September 10, the House Ways and Means Committee released an... Read More >
You Received a Grand Jury Subpoena: What Now?
Receiving a grand jury subpoena can be a stressful and worrisome time.  It... Read More >
Children’s Advertising Review Unit Guidelines
This summer, the Children’s Advertising Review Unit (CARU) issued new guidelines that,... Read More >
Biden COVID Coronavirus Testing Vaccine Mandate Federal Employees Contrators
Following President Biden’s Sept. 9 announcement of a national strategy to combat COVID-... Read More >
NLRB Employment Law Litigation Pro-Union Settlements Employer Employees
After less than two months in office, new National Labor Relations Board (NLRB) General... Read More >
What to Expect from OSHA
While OSHA, like much of the country, has been preoccupied with COVID-19 safety and... Read More >
Tax and Employee Benefits Reform House Committee
On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its... Read More >

Emerging Legal News


Federal Law News

EPA and Clean Water Act

EPA's post-Maui statement on the reach of the Federal Clean Water Act has joined other regulations and guidance from the Obama and Trump Administrations on the ash heap of history.

It is anything but surprising that EPA pulled the...

Ninth Circuit PAGA Claims

On Sept. 9, 2021, the California Court of Appeal in Wesson v. Staples The Office Superstore, LLC,  supported what employers have been arguing since Private Attorneys General Act (PAGA) claims became the norm in wage...

national ad campaigns targeting its products to National Basketball League consumers

In our Summer 2021 issue, we reported on the trademark infringement lawsuit filed by artist Christophe Roberts against...

TCPA Text Messaging Litigation Communication Telecom

When Facebook was decided I predicted that 90 percent of courts would determine that the TCPA did not apply to callers attempting to reach non-randomly...

Federal Circuit UGG Australia Trademark Decision

A few months ago, a federal appeals court ruling involving the UGG AUSTRALIA brand left some scratching their heads. The U.S. Trademark Office will generally not register a trademark (that is, recognize exclusive rights through...

OSHA Violation Penalty Amounts Announced

A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards.

The move would mean more than a fivefold...

USPTO Patent Term Adjustment Discussion

Sawstop Holding LLC v. Hirshfeld, No. 1:20-cv-1212(LMB/LSN), 2021 WL 2021122 (E.D. Va. May 20, 2021) (“Sawstop II”).


The District...


State Law News

Illinois Climate and Equitable Jobs Act SB2408 Clean Energy Goals

On September 15, 2021, Illinois Governor J.B. Pritzker signed into law the sweeping Climate and Equitable Jobs Act (...

Critical California Housing Bills

As the State of California battles through a housing crisis, lawmakers are seeking creative ways to enable local governments to meet their long-term housing needs and produce housing more quickly. On September 16, 2021, Governor Newsom signed the...

Employment law litigation from California

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee

Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021)

William “Bo” Maner worked as a...

board of directors Caremark duties

A recent ruling from the Delaware Chancery Court marks the increased judicial scrutiny of the obligations of directors to fulfill their Caremark duties to oversee an effective compliance program.  In the case of In...

Vermont Files Climate Change Lawsuit

Earlier this week, Vermont became the latest state to file a lawsuit against the major oil companies featuring allegations focusing on climate change.  This is simply the most recent of more than two dozen lawsuits that have...


China Copyright Law amendment translation

China’s National People’s Congress has recently released a translation of the amended Copyright Law.  The full text...

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EU Regulatory Artificial Intelligence EU Commission


In April 2021, the EU Commission (EC) proposed a suite of new legislative...

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End of UK Coronavirus Job Retention Scheme

There has been surprisingly little in the press around what is going to happen when the Coronavirus Job Retention...

Read More >