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Bradley Arant Boult Cummings LLP

Take a Sad Song and Make It Better: Fifth Circuit’s Commercial Speech Ruling Leaves Door Open to State Law Challenge

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

Schwabe, Williamson & Wyatt PC

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

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

Benesch

Motor Carrier Regulatory Agencies: Determining Which are Applicable and How to Comply

Benesch on

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

Morgan Lewis

DC Circuit Sidesteps Questions Around FINRA’s Constitutionality

Morgan Lewis on

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

Charles E. Rounds, Jr. - Suffolk University...

When virtual representation is not an option in trust-reformation litigation

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

Ballard Spahr LLP

Appeals Court sets March 30, 2025 as effective date of CFPB payday lending rule

Ballard Spahr LLP on

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

Burr & Forman

Federal Judge Vacates Department of Labor's Salary Increase to FLSA White Collar Exemption

Burr & Forman on

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

Stikeman Elliott LLP

Standard of Review for Challenges to Regulations: Important Guidance from the Supreme Court of Canada

Stikeman Elliott LLP on

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

Mintz - Immigration Viewpoints

Department of Homeland Security Designates Lebanon for TPS and Provides for DED-EAD Application

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

DLA Piper

USPTO Issues Final Rule Regarding Process for Director Review

DLA Piper on

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

Bradley Arant Boult Cummings LLP

Pass the FLSA Sauce! 5 Employment Law Happenings That May Make You Thankful

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

Hinshaw & Culbertson - Employment Law...

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

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

Benesch

Ohio General Assembly Tackles Lame Duck Session and Selects New Leaders for the Next

Benesch on

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

Flaster Greenberg PC

Back to the Future: Texas Court Puts A Stop To The DOL's Expanded Salary Thresholds

Flaster Greenberg PC on

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

Snell & Wilmer

CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations

Snell & Wilmer on

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

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: A First Look at the Department of Government Efficiency

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

Seward & Kissel LLP

Upcoming Reminders for FinCEN Beneficial Ownership Information Reporting

Seward & Kissel LLP on

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

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's November 2024 Round-Up

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

Burr & Forman

COVID Immunity Upheld to Protect Health Care Providers

Burr & Forman on

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

Fishman Haygood LLP

2023-2024 Annual Review of the Fifth Circuit’s Judicial Statistics

Fishman Haygood LLP on

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

Buchalter

A Game of Texas Hold’em:  How Texas Stopped Wage Increases for Salaried Exempt Employees Nationwide

Buchalter on

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

Quarles & Brady LLP

Uncertainty on Health Care Rules Amid Administration Change

Quarles & Brady LLP on

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

Troutman Pepper

Colorado Springs Narrowly Legalizes Recreational Cannabis Sales, but Questions Still Remain

Troutman Pepper on

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

Orrick, Herrington & Sutcliffe LLP

CFPB urges the U.S. Supreme Court to not review a trust debt collection case

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

Baker Botts L.L.P.

High Court To Review Legality Of FCC's Subsidy Fees

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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

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