News & Analysis as of

Federal v State Law Application

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Perkins Coie

AI-Generated Deepfakes and the Emerging Legal Landscape

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As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...more

Ballard Spahr LLP

Important National Bank Act (NBA) preemption case to be argued Today, February 27, before US Supreme Court

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The oral argument in Cantero v. Bank of America, N.A. will be heard on Tuesday, February 27 before the US Supreme Court. The Court recently granted the unopposed motion of the Solicitor General to participate in the oral...more

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

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On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Carlton Fields

Second Circuit Holds That Refusal to Enjoin Arbitration Is Immediately Appealable, Clarifies Standard for Obtaining Preliminary...

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The Second Circuit Court of Appeals recently held that a district court’s refusal to enjoin arbitration was immediately appealable because the arbitration agreement was governed by state law rather than the Federal...more

Troutman Pepper

State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast

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Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Cindy Hanson for a highly informative discussion on federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA)....more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Bradley Arant Boult Cummings LLP

Cannabis and Evidence: Budding Trends in Trial Advocacy

For as long as there have been rules of evidence and courtrooms, there have been products that can impair litigants or witnesses—and products whose use carries the potential to trigger certain stigmas in the eyes of the...more

McDermott Will & Emery

Suite! Claim Splitting Privity Focuses on Party Relationship, Not Claim Relationship

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The US Court of Appeals for the Fifth Circuit revived a hotel group’s federal trade secret suit against two former employees, finding that the district court did not have enough information to conclude that the hotel group...more

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

Troutman Pepper

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

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On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,...more

Epstein Becker & Green

Legislative Update: Texas Limits Local Governments’ Authority to Regulate and Passes the CROWN Act

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The State of Texas infrequently regulates the workplace. This summer, however, Texas enacted two notable workplace laws about which employers should be aware....more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

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1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Verrill

State Trademark Registration

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The United States has two levels of trademark registration: state and federal. A state trademark registration is issued by a state office and protects a trademark only in that state, whereas a federal trademark is issued by...more

Littler

OSHA Withdraws Proposal to Revoke Arizona’s State Plan

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On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan. This announcement was expected by many...more

CDF Labor Law LLP

Ninth Circuit Delivers Employers a Valentine – Blocks California’s Bar to Mandatory Employment Arbitration Agreements

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The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more

Nelson Mullins Riley & Scarborough LLP

The Unfair Contradiction of the Conflict of State and Federal Laws on the Bankruptcy Proceedings of Dispensary Employees

There is seemingly, in the opinion of a great number of bankruptcy courts, a conflict between the United States Bankruptcy Code requirements that a debtor reorganize or liquidate “in good faith,”  the federal Controlled...more

Nelson Mullins Riley & Scarborough LLP

Understanding the Difference between Federal OSHA and State Plans

All states in the United States have the option to participate in the federal Occupational Safety & Health Administration (OSHA) program, implement a separate state program that addresses workplace safety (“State Plan”), or...more

Shipkevich PLLC

An Overview of Florida's TCPA Laws

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Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more

Franczek P.C.

What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

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Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Franczek P.C.

Potential Threats to Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

DarrowEverett LLP

Does Involvement in the Cannabis Industry Preclude Your Business From Bankruptcy Protection?

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Despite the growing public acceptance of marijuana and the fact that a majority of states have legalized marijuana for medicinal purposes (37 states and the District of Columbia have enacted medical marijuana legislation),...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

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Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

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