The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness… more

The U.S. Government Accountability Office (GAO) published a report on Jan. 18, 2024, evaluating foreign investment in U.S. agricultural land. The report found that foreign investment in U.S. agricultural land grew to over 40 million… more

On 24 April 2024, the UK Takeover Panel (the Panel) published Public Consultation Paper 2024/1 (the PCP), which proposes a significant change to the applicability of the UK Takeover Code (the Code), by narrowing the scope of companies… more

On April 15, 2024, the EEOC published its Final Rule to implement the Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022. The Rule goes into effect on June 18, 2024, and will govern all employers with… more

On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become effective… more

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation of the… more

On April 17, 2024, the Supreme Court of the United States issued its much-anticipated decision in Muldrow v. City of St. Louis, Missouri, et al. Reversing the Court of Appeals for the Eighth Circuit, the unanimous Court held that an… more

The "Decree amending the Tariff of the Law on General Import and Export Taxes" was published on April 22, 2024, by Mexico’s Ministry of Economy in the Official Gazette of the Federation. The following points from this decree should be… more

In a long-awaited and controversial Final Rule posted on April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) adopted new federal minimum staffing requirements that will require long-term care facilities to (1) ensure… more

March 2024 was a busy month for U.S. Customs and Border Protection (“CBP” or “Customs”) with respect to the Enforce and Protect Act (“EAPA”) regulations related to the evasion of antidumping and countervailing duties (“AD/CVD”). On… more

As anticipated, the U.S. Department of Labor (DOL) published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA) yesterday, April 23, 2024. The new rule requires an… more

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject to only a… more

On April 12, 2024, the U.S. Supreme Court issued its opinion in Macquarie Infrastructure Corp. v. Moab Partners, L.P., resolving a circuit split among the Second, Third, and Ninth Circuits over whether plaintiffs could pursue private… more

During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the Noncompete Clause Rule (the “Final Rule”), which, with limited exceptions, makes it unlawful to enter into… more

Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics, and… more

The U.S. Environmental Protection Agency (EPA) finalized two of the most anticipated environmental regulations related to per- and polyfluoroalkyl substances—known as PFAS—in the past two weeks: listing of PFOA and PFOS as “hazardous… more

Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and hearings..… more

Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices. The vast majority of the awarded damages pertain to… more

The U.S. Department of Labor (DOL) announced a finalized rule on April 23, 2024, increasing the minimum compensation levels for the so-called "white collar" exemptions to the federal Fair Labor Standards Act’s (FLSA) overtime premium… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that bans the use of non-compete agreements between employers and their “workers.”… more

President Biden signed a historical aid package into law on Tuesday that includes aid for Ukraine, Israel, and the Indo-Pacific region. The package also includes a bill increasing sanctions on Russian assets and requiring TikTok owner… more

The Federal Trade Commission (“FTC”) issued its final rule Tuesday banning almost all non-compete agreements between businesses and workers nationwide. The FTC reasons that banning non-compete agreements will promote job growth and… more

Over the weekend, the New York State Legislature passed the state budget for fiscal year 2025. The budget contains expanded access to paid leave for pregnant employees, including up to 20 hours of leave per year for pregnant employees… more

On April 23, 2024, the Department of Labor (DOL) announced its anticipated final rule increasing the minimum salary threshold for exemption to the Fair Labor Standards Act (FLSA) overtime requirements, effective July 1, 2024. The FLSA… more

On April 22, 2024, the Supreme Court of the United States conducted oral arguments in a case addressing federal courts’ handling of lawsuits after claims are compelled to arbitration. The Supreme Court seemed skeptical that dismissing… more

The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that “pure omissions” from periodic SEC filings (absent any other duty to disclose) are not actionable under SEC Rule… more

The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective 120 days after publication… more

On April 23, the Federal Trade Commission (“FTC”) announced a final rule (the “Final Rule”) banning most noncompete agreements in the United States. According to the FTC, “It is an unfair method of competition—and therefore a violation… more

After hearing arguments on January 16, 2024, the Supreme Court issued its unanimous opinion on Macquarie Infrastructure Corp., et al. v. Moab Partners, LP, et al, on April 12, 2024. The Supreme Court granted certiorari to resolve… more

In July 2023, the UK government published its findings from the Investment Research Review (Review) as part of the UK government’s Edinburgh Reforms. The Review made a number of recommendations to encourage research production and… more

In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and… more

The Federal Trade Commission (FTC) on Tuesday, in a 3-2 vote, approved a final rule banning non-competes in almost all employment contexts. This sweeping rule, while not unexpected, has caused quite a stir among employers and workers… more

An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing research… more

Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should I do?"… more

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed to be… more

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete… more

On March 28, 2024, the Midcontinent Independent System Operator, Inc. (“MISO”) submitted a filing to the Federal Energy Regulatory Commission (“FERC”) proposing revisions to its Open Access Transmission, Energy and Operating Reserve… more

One of the keys to success when providing professional services is to understand your client and their business environment. Whether your company is a closely held family business, publicly traded, or a municipality, understanding your… more

In Housing & Redevelopment Insurance Exchange v. Guy Carpenter & Co., a Pennsylvania federal court considered the enforceability of a forum selection clause in a services agreement between Pennsylvania-based insurer Housing and… more

One year has passed since sweeping amendments to the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN) took effect on April 10, 2023. Mass layoff data from… more

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission issued a ban… more

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being published… more

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")… more

On April 23, 2024, Advarra, Inc. filed a notice with the Attorney General of Maine after discovering that an October 2023 data breach resulted in the leak of confidential information belonging to patients of Moffitt Cancer Center and… more

A U.S. District Court recently rejected arguments that banks and institutions with novel charters have a statutory right to obtain a Federal Reserve master account. Master accounts let institutions access key parts of the Federal… more

Corporate sustainability data is about to be placed under greater scrutiny than ever, as the SEC’s 2024 climate disclosure rules will require large companies to submit limited or reasonable assurance starting in the next few years. The… more

Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties, including… more

On April 17, 2024, OFAC formally rolled back the sanctions relief it previously provided to the Venezuelan oil and gas industry.  While OFAC provided the initial relief believing that Venezuela would permit a fair and open election, it… more

The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit denied the… more

The Federal Trade Commission yesterday held an open meeting at which it voted to finalize and promulgate its long-anticipated rule that effectively bans noncompetes nationwide subject to only a few exceptions. The rule will be… more

When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be severe. And so… more

The agencies have finalized a portion of their proposed rules impacting so-called “junk insurance” regarding short-term limited-duration insurance, but deferred finalizing the more significant changes that would have impacted most… more

WHAT HAPPENED: On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued the Non-Compete Clause Rule (the “final rule” or the “rule”), which effectively bans the use and enforcement of non-compete agreements with limited… more

In this edition of V&E+, Vinson & Elkins Partners Caitlin Turner and Lucy Jenkins sit down for a conversation on the firm’s thriving Finance practice, the market trends they’re watching, and the career principles they live by… more

Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD products. This… more

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer… more

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and… more

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all… more