Trade Associations

News & Analysis as of

Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and...more

Model Management Services, Italian Competition Authority Fines 8 Modelling Agencies and Their Trade Association for Price Fixing

On 11 November 2016, the Italian Competition Authority (the Authority) fined eight modelling agencies (B.M. S.r.l. – Brave, D’management Group S.r.l., Elite Model Management S.r.l., Enjoy S.r.l., Major Model Management...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

U.S. District Court Judge Puts "Blacklisting" Rules on Hold

On October 24, 2016, one day before the "blacklisting" rules for federal On October 24, 2016, one day before the "blacklisting" rules for federal contractors that stem from the Fair Pay and Safe Workplaces Executive Order...more

Majority of Fair Pay And Safe Workplaces requirements preliminarily enjoined nationwide

On October 24, 2016, a day before the Fair Pay and Safe Workplaces final rule was set to take effect, a US district court in Texas preliminarily enjoined implementation of the Federal Acquisition Regulatory (FAR) Council rule...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

The New Supreme Court Term: Cases for the Automotive Industry to Watch

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

Second Quarter Venture Funding Increases 20% from First Quarter

Earlier this year, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of...more

BC's new Societies Act: What you need to know

On November 28, 2016, the new Societies Act (which will replace the old Society Act) will come into force. It will modernize and clarify society governance, procedures and accountability, and will also better align BC society...more

Industry Group Files Reply in Support of Motion to Prevent Enforcement of OSHA's Injury Reporting Rule

A coalition of industry groups ("Plaintiffs") filed suit in the Northern District of Texas in July challenging the legality of specific provisions relating to safety incentive programs and post-incident drug testing in OSHA's...more

Supreme Court to Consider Whether Allegations of Adherence to a Business Association’s Rules Can Trigger Antitrust Liability

Can participation in a business or trade association and allegiance to its rules trigger antitrust liability for association members under the Sherman Act? Next term, the Supreme Court will hear Osborn v. Visa Inc., the...more

The New Gafta Arbitration Rules No. 125, Effective for Contracts dated from 1 September 2016: Key Changes to Be Aware of

The Grain and Feed Trade Association (“Gafta”) recently published a new edition of its Arbitration Rules No. 125 (the “Gafta Arbitration Rules”), effective for contracts dated from 1 September 2016. The previous Gafta...more

Food and Beverage News and Trends Series

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Beer trade group urges industry to adopt voluntary nutrition and calorie...more

OSHA to “Out” Employers for Workplace Injuries

Recording injuries and illnesses of workers is nothing new to high-hazard industries. But a new rule by the Occupational Safety and Health Administration (“OSHA”) has introduced another dimension to an otherwise routine...more

Procompetitive Effects of Business Associations in the Balance?: Business Association Membership and the Sufficiency of Sherman...

What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more

Enforcing Persuader Rule Enjoined

The U.S. District Court for the Northern District of Texas has enjoined the Department of Labor from enforcing its new Persuader Rule. In the Persuader Rule, the DOL reversed its position on when attorneys who provide...more

Five Lawsuits Filed Against DOL’s Fiduciary Rule (so far)

As we previously discussed in our May 19, 2016 SW Benefits Update, the Department of Labor (“DOL”) recently issued final regulations on fiduciary conflicts of interest in retirement programs. Since 2010 when the DOL first...more

Welcome to the Jungle: Trade Associations and Reportable Persuader Activity

Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a...more

EU General Data Protection Regulation in force from 25 May 2018: the Countdown to Compliance starts now

The long-awaited General Data Protection Regulation was published in the Official Journal of the European Union on 4 May 2016. This means that the most comprehensive reform to the EU’s omnibus data protection law in 20 years...more

South Dakota: The Next Frontier of Sales Tax Nexus

On April 29, 2016, a declaratory action was filed challenging the constitutionality of South Dakota’s sales and use tax economic nexus legislation, which took effect Sunday, May 1, 2016. In American Catalog Mailers...more

IREG Update - Insurers and big data

Insurers and big data - Insurance companies are increasingly using “big data” to optimize all aspects of their businesses—from claims processing and marketing to underwriting and pricing. Recognizing this trend among...more

Increased Regulations Spawn New Trade Associations

The 1st Amendment of the Constitution provides for the right of the people to peaceably assemble. Embedded in that right is the freedom of association; the right or ability of people to come together and collectively express,...more

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Employers Face New Reporting Requirements after DOL Issues Final Persuader Rule

On March 23, 2016, the Department of Labor (“DOL”) finalized its long anticipated “persuader” rule, which requires that employers and legal consultants report pay arrangements regarding any attempts to persuade employees,...more

DOL Publishes Final Rule Requiring Employers to Disclose Persuader Agreements

For many years, employers have been able to lawfully avoid certain reporting requirements under the Labor Management and Reporting Disclosure Act which compels the disclosure of agreements with outside...more

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