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Elections & Politics Civil Remedies

Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

Lack of Bonus Plan Explanation Does Not Violate Sarbanes-Oxley

The Sarbanes-Oxley Act (SOX) prohibits publicly held employers from retaliating against employees who report illegal conduct that could have a material impact on shareholders. Since SOX was enacted, federal courts have issued...more

Gavel to Gavel: Oklahoma and the American Rule

by McAfee & Taft on

Oklahoma made national headlines this spring when it “accidentally” abolished the American Rule — the rule that generally both parties to a lawsuit pay their own lawyers. This would have made Oklahoma the only loser-pays...more

PAGA Reform for Real? Three Different Versions of PAGA Reform Initiative Filed with California Attorney General

by Fisher Phillips on

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

Governor Brown Signs Bill to Significantly Alter California Retaliation Law to Benefit Employees

by Fisher Phillips on

Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more

West Virginia Workplace Freedom Act: Free From Injunction

by Steptoe & Johnson PLLC on

During the 2016 Regular Session of the West Virginia Legislature, Senate Bill 1 – otherwise known as the “West Virginia Workplace Freedom Act” – became law after that Legislature overrode a gubernatorial veto on February 12,...more

Federal Judge Blocks President Trump’s Effort to Punish Sanctuary Cities

On Friday, United States District Court Judge Harry Leinenweber blocked the U.S. Department of Justice from refusing to provide federal grant money to localities that had enacted “sanctuary city” laws protecting immigrants...more

Travel Ban Court Update on Family Members’ as “Bona Fide” Relationship

by Mintz Levin on

On Thursday, September 7, 2017, the 9th Circuit Court of Appeals let stand the Hawaii District Court temporary injunction against the Trump administration’s revised travel ban. This ruling confirms that U.S. family...more

Book Closes on Obama-Era Overtime Rule

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect....more

“Sanctuary City” Laws Become Central Topic Nationwide

A U.S. District Court in Texas has stopped implementation of a ban on so-called “sanctuary cities” in the state and the City of Philadelphia has filed an action against Attorney General Jeff Sessions, claiming he has...more

Transgender Rights – Where Does Pennsylvania Fit In?

by Fisher Phillips on

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if...more

Possible Workforce Impact from DACA and TPS Elimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The combination of the Trump Administration re-examination of grants of Temporary Protected Status to nearly 340,000 foreign nationals, and the recent threats by Texas and ten other States to challenge the...more

U.S. Patent Legislation: The STRONGER Patents Act of 2017

by Hogan Lovells on

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

Hong Kong Enacts Apology Legislation

On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a...more

The Second Circuit Overturns Watershed Conviction Of Sheldon Silvery Based On Recent Supreme Court Decision

by Shearman & Sterling LLP on

On July 13, 2017, the U.S. Court of Appeals for the Second Circuit overturned the high-profile, political corruption conviction of one of the most powerful politicians in New York State— former Speaker of the New York State...more

PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more

Department of State Will Begin Implementing 90-Day Travel and Refugee Ban Beginning June 29, 2017

by Shipman & Goodwin LLP on

Pursuant to the Supreme Court Ruling on June 26, 2017, the U.S. Department of State (DOS) announced by cable that it would begin implementing the more limited terms of President Trump’s Executive Order beginning at 8:00 PM...more

SCOTUS Decides to Partially Lift Injunctions Issued on the Revised Travel Ban

by Hodgson Russ LLP on

On June 26, 2017, the Supreme Court of the United States issued a decision in Trump v. International Refugee Assistance Project, et al., which partially lifted the injunctions that were issued as a result of a travel ban...more

Immigration Alert: Travel Ban Partially Reinstated

by Vedder Price on

On January 27, 2017, President Trump issued an Executive Order banning visa issuance and travel to the United States for all refugees and travelers from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for...more

Supreme Court Partially Revives President’s Travel Ban, But Imposes Limitations

by Fisher Phillips on

The U.S. Supreme Court announced this week that portions of the controversial Executive Order No. 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States” (known informally as the “travel ban”),...more

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