March 2, 2021

Volume XI, Number 61

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March 01, 2021

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FEATURED ARTICLES

USCIS H-1B Cap Season Start
FY 2022 H-1B Visa Season “H-1B Visa Season” is upon us! Wiggin and Dana encourages employers subject to the annual quota (or “H-... Read More >
SCOTUS on Federal Tort Claims Act
The Court returned to action last week, issuing a unanimous decision in one case: Brownback v. King (No. 19-546). It concerns the Federal Tort... Read More >
essential grocery store worker
Despite the California Grocers Association lawsuits pending against four cities over hero pay ordinances, more cities and counties have passed or are... Read More >
Canada: COVID19 Openings Restrictions and Closures
Certain Canadian provinces have been especially hard hit by COVID-19 outbreaks. Most notably, Ontario and Quebec—two of Canada’... Read More >
Multiemployer Pension Plan: Piggy Bank with Calculator
I – Overview of the Butch Lewis Emergency Pension Plan Relief Act The much-heralded Butch Lewis Emergency Pension Plan Relief Act of... Read More >
Starbucks Coffee Cup
In our overstimulated environment with a plethora of brands, names, and marks, it is difficult for products to stand out. Some businesses, however,... Read More >
Equality Act in Congress
On February 18, 2021, U.S. Representative David Cicilline (D-RI) reintroduced the Equality Act (H.R. 5), a bill that would amend federal... Read More >
Uber App on the Phone
On February 19, 2021, in a landmark decision that may have lasting effects on the gig economy, the United Kingdom Supreme Court unanimously ruled... Read More >
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NSA Language Trainer Fraud Case
Two providers of foreign-language training services, Comprehensive Language Center Inc. (CLCI) and... Read More >
FTC Digital Dark Patterns Workshop
On February 24, 2021, the Federal Trade Commission announced that it will hold a workshop on... Read More >
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PFAS Chemical Legislation
The Toxics in Packaging Clearinghouse (TPCH) revised its Model Toxics in Packaging Legislation in... Read More >
ADA and reasonable accommodations can include unpaid leave
Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities... Read More >
Diversity in the workplace is a keystone in the Biden agenda
Beginning on Inauguration Day, the Biden Administration has demonstrated that strengthening... Read More >
truck
A much unpublicized danger on roads and highways in the United States involves tires and wheels... Read More >
Capital building
This Week’s Dose Department of Health and Human Services (HHS) nominee Xavier Becerra testified in... Read More >
Litigation ink blot
Your fond memories of the foods you enjoyed in your youth have to do with so much more than just... Read More >
House PRO Act Vote, Senate Blocks Min Wage Increase
Minimum Wage Increase Booted From Stimulus Package.  Even before members of the U.S. House of... Read More >
Electric car
On Wednesday, US President Joe Biden signed an Executive Order to create more resilient supply... Read More >

Emerging Legal News

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Federal Law News

Chicken Price Fixing

Pilgrim’s Pride Corp. of Colorado has pleaded guilty and will pay $107 million in criminal fines for its role in a conspiracy to fix prices and rig bids for broiler chicken products. According to the plea agreement entered in the U.S. District...

Scotus Ruling on Hologic

The assignor estoppel doctrine (“AED”) is an equitable doctrine based on the principle of fair dealing that prevents assignors of patents rights, and those in privity with them, from then challenging the validity of those patents under many...

Ninth Circuit Court  COVID Claim Against Employer

Last week, a California federal judge dismissed with leave to amend a claim made against a Nevada company by the spouse of an employee who contracted COVID-19, allegedly at his workplace, and later transmitted the disease to her.  In its order,...

sugar

On February 24, 2021, a California federal judge tentatively approved a settlement over nutrition-related claims for breakfast cereal whereby Post would establish a $15 million non-reversionary common fund to compensate a...

5th Circuit Decision Attorney/Client Relationship

In Belliveau v. Barco, Inc., a licensor of intellectual property sued the owner of the licensee for breach of fiduciary duty related to the sublicensing to a third party. No. 19-50717, 2021 U.S. App. LEXIS 2489 (5th Cir. January 28, 2021...

Indian Nations' Cases in Federal Courts

In Olson v. United States, 2021 WL 137911 (Fed. Cl. 2021), lessees of trust land on the Yakama Reservation, sued the United States in the Court of Federal Claims under the Tucker Act, contending that the Wapato...

judge scales of justice covid-19

On Wednesday, Judge James Selna of the US District Court for the Central District of California issued an order continuing a jury trial that was set for June 1. The order is worth reading in its entirety:

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State Law News

Next Round of Meal Period Class Actions in California

The practice of “rounding” time punches—adjusting the hours that an employee has actually worked to the nearest preset time increment—is generally lawful where it does not result in, over time, undercompensating employees for all the time they...

Delaware Court of Chancery Decision Firefighters’ Pension System of the City of Kansas City v. Presidio

On January 29, 2021, Vice Chancellor Laster of the Delaware Court of Chancery refused to dismiss a shareholder class action stemming from the 2019, $2.2 billion sale of Presidio, Inc., an IT solutions provider specializing in digital...

Contesting your 2020 Property Tax Value in Ohio

The period for filing complaints to challenge 2020 property tax values in Ohio ends on March 31, 2021. For properties assessed in a 2020 county reappraisal or update, a reduction in the 2020 value may offer greater tax savings now than at any...

gavel
by: Cory Rand

On January 13, 2021, the Supreme Court of New Jersey, in Branch v. Cream-O-Land Dairy, issued an important decision (available ...

California OSHA COVID-19 Emergency Temporary Standard

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of...

INTERNATIONAL LAW NEWS

Economic Sanctions on Derivatives Transactions

I.     A Growing Risk

The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global markets in the...

New Food-Contact Materials in China

On February 20, 2021, China National Health Commission (NHC) approved 2 new food-contact materials, 3 additives for expanded usage and 1 new resin. The substances and specifications are listed below.

New Food-Contact Materials...

Mexico flag button

On Nov. 5, 2020, Mexico enacted new intellectual property laws impacting trademark registration. These new laws are structured to align Mexico’s national intellectual property laws with the new intellectual property standards...

Trademark mark

In a technological age where most consumers are receiving their information digitally, brands need to find new ways to engage with consumers. With nine out of ten Australians owning a smart phone and spending on average three...