Willcox & Savage

On March, 1, 2024, the U.S. District Court for the Northern District of Alabama held that the federal Corporate Transparency Act (CTA) is unconstitutional. The plaintiffs in the case are the National Small Business Association…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Financial Crimes, FinCEN

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Stephen Brewer

Out on a Limb

Trees provide building materials, firewood, food, beauty, shade, and pollen (at least for some of us). Falling trees and falling tree limbs are a source of danger and sometimes litigation. …more

Common Law Claims, Property Damage, Property Owners, Trees

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Eric Cook

EPA’s Proposed Requirements for “Non-Intentional” Impurities in Vermiculite and Talc

Companies manufacturing, importing, or processing vermiculite or talc should take note of the Environmental Protection Agency’s (EPA) recently proposed reporting and recordkeeping requirements for asbestos under the Toxic…more

Asbestos, Comment Period, Environmental Protection Agency (EPA), Proposed Regulation, Recordkeeping Requirements

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Kevin Cosgrove

Man Bites Dog: Low Bidder Not Awarded Federal Contract

Most of the time the low bidder will win a government contract. But not always. Sometimes a federal agency will make an award on a best-value trade-off basis. This process can be used “when it may be in the best interest of the…more

Bid Protests, Bids, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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Leonard "Len" L. Fleisig

Customs Puts Forced Labor Under a Spotlight

The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. It establishes a rebuttable presumption that the importation of goods produced, or manufactured wholly or in part, in…more

China, Customs and Border Protection, Forced Labor, Imports, Supply Chain

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Robert Kenney

A Proposed Mark Must Have A Source Identifying Function: Trademark Denied For “Keep America Great!”

In a non-precedential opinion; In re America in Harm’s Way; Serial No. 87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of whether…more

Appeals, Donald Trump, Motion for Reconsideration, Presidential Elections, Service Marks

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David Kushner

Employment Law Update - Spring 2024

On April 23rd, the Federal Trade Commission (FTC) issued regulations that ban most non-compete agreements, while the Department of Labor (DOL) issued a Rule significantly increasing the minimum salary necessary for a worker to…more

Biden Administration, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC)

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Timothy Lockhart

Court Dismisses Most Claims In Two AI Copyright Cases

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Joseph Moriarty

Virginia Product Liability Law: Please Don’t Confuse Us with California

As we say in Virginia, that dog doesn’t hunt. A recent California federal court opinion applied Virginia law to dismiss various product liability claims against a catheter manufacturer. In Boyer v. Abbott Vascular Inc., 2023…more

Choice-of-Law, Conflicts of Laws, Duty to Warn, Manufacturers, Medical Devices

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Dave Sump

What is Cabotage and Why Does it Matter?

Cabotage laws are laws that restrict foreign transportation services within a particular country in favor of domestic services. It is protectionism in its most primary sense and has been part of United States law since the…more

American Flag, Cabotage, Jones Act, Maritime Transport, Merchant Marine Act of 1936

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Paris Thompson

Employment Law Update - Spring 2024

Biden Administration, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC)

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Danielle Williams

Does USERRA Require Paid Leave for Service in the Military and Reserves? The Potential Answer May Surprise You.

Most employers are well aware that the Uniform Services Employment and Reemployment Rights Act, (“USERRA”) requires businesses to grant protected leave to employees called to active duty or engaged in reserve training. …more

Active Duty, Employer Liability Issues, Military Leave, Military Service Members, Paid Leave

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Cher Wynkoop

A Day in the Life of an Employee Benefits Attorney - (AKA Questions that keep coming my way)

Every day I counsel employers on a variety of issues related to all flavors of employee benefit plans and programs, big and small – and often more complex than they might first appear. …more

Benefit Plan Sponsors, Deferred Compensation, Employee Benefits, Employer Group Health Plans, Health Insurance

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Willcox & Savage

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