#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®
False Claims Act Insights - Are the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes"
Podcast — Drug Pricing: How the Demise of Chevron Deference and Other Litigation May Impact the Pharmaceutical Industry
#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
In That Case: Loper Bright Enterprises v. Raimondo
Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
In That Case: Department of State v. Muñoz
#WorkforceWednesday: What Is the Future of Non-Compete Agreements for Employers? - Spilling Secrets Podcast
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
#WorkforceWednesday: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? - Spilling Secrets Podcast
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak Investigation
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®
In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more
On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more
The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more
On November 22, 2024, the US Court of Appeals for the DC Circuit issued its decision in the closely watched Alpine Securities Corp. v. FINRA case. Declining to decide larger constitutional questions, the court instead...more
In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more
A panel of the Fifth Circuit Court of Appeals has set March 30, 2025 as the effective date of the CFPB’s payday lending rule....more
Earlier this year, the Department of Labor (“DOL”) announced increases to the salary threshold for the “bona fide executive, administrative, or professional” exemption and the “highly compensated employee” exemption to the...more
The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more
The Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS) for a period of 18 months, and also established procedures for eligible Lebanese nationals granted Deferred...more
US Patent and Trademark Office (USPTO) Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions. This final rule, effective...more
With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant...more
On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule...more
With election day behind us, Ohio legislators have gone full throttle into a lame duck session, focusing their efforts on wrapping up the 135th Ohio General Assembly before the end of 2024. With less than five voting sessions...more
On November 14, 2024, a federal judge in the Eastern District of Texas issued an order vacating the recent U.S. Department of Labor (“DOL”) Final Rule, which raised the minimum salaries employers had to pay certain employees...more
In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the...more
Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration. DOGE is intended to serve as an advisory or consulting organization...more
The Financial Crimes Enforcement Network’s (“FinCEN’s”) beneficial ownership reporting rule, issued under the Corporate Transparency Act (the “CTA” and such rule, the “BOI Reporting Rule”) became effective as of January 1,...more
In the November 2024 In-Compliance Round-Up, we cover the following: William J. McGinley, Partner at Holtzman Vogel, to Serve as Next White House Counsel - Jessica Furst Johnson: Pennsylvania Senator Bob Casey wants to...more
On October 4, 2024, the Alabama Supreme Court issued an opinion confirming and upholding the validity of not only the Governor’s Executive Order of May 8, 2020, providing immunity from negligence claims during the COVID-19...more
Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a...more
On November 15, 2024, a federal court in Texas vacated a U.S. Department of Labor (DOL) rule (the “2024 Rule”) that increased the minimum salary threshold for employees classified as exempt from overtime and minimum wage...more
In recent months, several changes to healthcare rules regulations focusing on reproductive health care have been introduced. These include (1) privacy protections for reproductive health data under HIPAA, (2) expanding access...more
This year’s election saw no shortage of surprises at the federal, state, and local levels, and Colorado Springs, CO was no exception. Although the results have yet to be officially certified, it appears that voters have...more
Recently, in a case between the CFPB and a student loan trust, the CFPB submitted a brief challenging the appellant’s efforts to reverse a U.S. Court of Appeals for the Third Circuit decision, which found that trusts are...more
For decades, there has been broad, bipartisan support for the Universal Service Fund and the FCC programs that help communications reach low-income households and the most rural and least-connected communities in the United...more