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Rebuttable Presumptions Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

Provisional Deal Reached on the EU Platform Work Directive, With Changes on Worker Classification Test, Stricter AI Rules

European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Digital Platforms, Beware of the Evolving EU Platform Work Directive

After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Law Makes It Easier for Employees to Establish Retaliation Claims

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5...more

McDermott Will & Emery

Rebuttal Presumption of Irreparable Harm Still Alive When Assessing Trademark Preliminary Injunctions

McDermott Will & Emery on

In one of the first decisions to construe the Trademark Modernization Act of 2020 (TMA), the US Court of Appeals for the Third Circuit found that a district court properly applied the TMA’s rebuttal presumption of irreparable...more

Jenner & Block

Ten Questions Answered About Implementation of the Uyghur Forced Labor Prevention Act

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Can you prove the absence of forced labor in your supply chain? As of June 21, 2022, US Customs and Border Protection (CBP) will presume that all goods manufactured in whole or in part in the Xinjiang Uyghur Autonomous Region...more

Wiley Rein LLP

What Companies Need to Know: Uyghur Forced Labor Act Signed Into Law

Wiley Rein LLP on

After more than a year of debate in the U.S. Congress as to the scope and enforceability, the Uyghur Forced Labor Prevention Act (UFLPA or Act) passed Congress with strong bipartisan support. President Biden has publicly...more

Holland & Knight LLP

Florida's New Mini-TCPA: What You Need to Know

Holland & Knight LLP on

Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more

Faegre Drinker Biddle & Reath LLP

Frequently Asked Questions on COVID-19 Personal Injury Litigation

Plaintiffs’ attorneys are advertising for plaintiffs infected by COVID-19, and new COVID-19 personal injury lawsuits are being filed at a steady clip. In recent lawsuits, for example, employees and customers have sought to...more

Polsinelli

California’s Rush of Covid-19 Legislation

Polsinelli on

In the last two weeks, the California Legislature has enacted numerous bills relating to employer obligations in light of COVID-19.  Five of these bills have already been signed into law by Governor Newsom.  The remainder may...more

Hinshaw & Culbertson - Insights for Insurers

Illinois Legislature Passes COVID-19 Workers' Compensation Bill Containing Rebuttable Presumption for Front-Line Workers

On May 22, 2020, the Illinois legislature overwhelmingly passed a bipartisan bill that creates COVID-19 workers' compensation protection for certain workers considered "essential" under the Governor's stay-at-home order. The...more

Sheppard Mullin Richter & Hampton LLP

Utah and Idaho Limit Non-Competes and Vermont and Pennsylvania Work to Ban Them

Several states have recently enacted modifications to their respective non-compete laws or have legislation in the pipeline. Most continue the trend of limiting enforceability of non-competes, which are agreements between an...more

Dorsey & Whitney LLP

Settling Parties Beware: Failing to Provide Notice to Your Insurer Before Settling May Doom Your Chance of Recovery

Dorsey & Whitney LLP on

On April 25, 2016, the Colorado Supreme Court issued a decision in Travelers Prop. Cas. Co. v. Stresscon Co. Stresscon, a subcontracting concrete company, entered into a settlement agreement – without providing notice to its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections

It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l, effectively limiting the scope of patent-eligible subject matter. In particular, software and business...more

Blake, Cassels & Graydon LLP

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

Holland & Knight LLP

Entire In-House Legal Department Disqualified Following Lateral Hire - A Closer Look at Dynamic 3D Geosolutions, LLC v....

Holland & Knight LLP on

This court opinion demonstrates that in-house legal departments can and will be treated the same as traditional law firms when it comes to imputation of conflicts and the resulting potential for disqualification. ...more

Pierce Atwood LLP

Maine Court Upholds Award Of Workers’ Comp - Cautionary Case For Employers That Allow Employees To Work At Home

Pierce Atwood LLP on

Presumption of Causation – In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided...more

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