Fifth Circuit Ruling Expands Title VII Claims Standards, Texas Employers Face Heightened Challenges

In recent legal developments, the Fifth Circuit’s latest decision has further broadened the standard for Title VII claims against employers. As a result, certain employers in Texas could face an increased challenge when countering Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth Circuit made a…

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New Jersey Unemployment Law Amendments Require Electronic Reporting of Employee Separations

Changes came into effect on July 31, 2023, to unemployment benefits law in New Jersey, imposing new procedural requirements on employers. This was an initiative of the state’s Department of Labor and Workforce Development (DOLWD). Under the amendments, employers are now required to report any separation from an employee to the Division of Unemployment Insurance…

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Cannabis Industry Trademark Challenges: Protecting Brands Amid Legal Inconsistencies

Over the past decade, the landscape for recreational cannabis has seen a stark transformation, with many states opting for decriminalization or outright legalization. As these changes have unfolded, however, cannabis businesses find themselves continuing to grapple with protecting their brands. The root of the problem? Federal trademark protection remains elusive for those in the cannabis…

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Novo Nordisk Acquires Embark Biotech, Advancing Novel Obesity and Cardiometabolic Disease Treatments

Novo Nordisk, already a heavyweight in the realm of obesity medication with its blockbuster seller Wegovy, continues to exhibit its hunger for cardiometabolic drugs. The pharmaceutical titan from Denmark is satiating this appetite by purchasing a startup that boasts a novel approach to weight loss. This marks Novo Nordisk’s second acquisition agreement in the last…

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Counterfeit Crackdown: How the INFORM Consumers Act Battles Fake Goods in E-Commerce

The advent of e-commerce in recent times has been a noteworthy paradigm shift in the business world. However, it has also heightened issues concerning counterfeit goods, with significant implications for both businesses and consumers. From replicas that closely mimic the original product to cheap imitations, counterfeits are proliferating on online platforms, inadvertently causing immense harm….

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Hurricane Idalia Highlights Employers’ Legal Duties Amid Natural Disasters

In the wake of her approach, Hurricane Idalia is encouraging Florida residents to take advantage of their state’s tax-free holiday for “disaster preparedness.” The Federal Emergency Management Agency (FEMA) suggests that this timely tax reprieve allows citizens to stockpile essential supplies without financially penalizing them. However, it’s not only the populace that needs to brace…

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Navigating the Electrification of Transportation: Public Entities’ Evolving Role and Legal Implications

The future of the automotive and manufacturing industry is set to be electric. However, keep in mind that the electrification of the industry does not solely involve automobile manufacturers and their supply chains – there’s an increasing involvement of public entities as well. As indicated by a recent analysis by Clark Hill PLC, the electrification…

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SEC’s Enforcement Action Elevates NFTs to Securities Status: Unraveling the Implications for Digital Assets

In a notable development on August 28, 2023, the US Securities and Exchange Commission (SEC) declared a settled enforcement action against Impact Theory LLC. The decision held that the unregistered sale of non-fungible tokens (NFTs) by Impact Theory were deemed securities. The delineation of NFTs as securities sets a precedent in the regulatory landscape of…

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Navigating Maternal Health Legislation: Employers, the PUMP Act, and Pregnant Workers Fairness

In response to growing concern over maternal mortality and health disparities in the United States, comparative to its industrialized peers, many employers are taking steps to improve maternal and child health during infancy and new parenthood. This has involved legal changes such as the PUMP Act and the Pregnant Workers Fairness Act, which demand employer…

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Navigating the Complexities of WOTUS Rule Amendments: Implications for Environmental Compliance and Development

On August 29, 2023, important amendments were made to the definition of ‘water of the United States’ (WOTUS), which were released by the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps). The redefinition of WOTUS significantly reduces the authority of these bodies to enforce permits for developmental activities or work in certain water…

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Kenyan Rights Organizations Challenge President’s Stance on Mumias Sugar Company Dispute

A number of Kenyan rights organizations have come together to voice their concerns over the recent remarks made by the President of Kenya regarding the ongoing legal battle over the ownership of Mumias Sugar Company. Four organizations – The Law Society of Kenya, Amnesty International Kenya, Kenya Human Rights Commission, and Humanity Activism Knowledge Integrity…

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Permanent Payment Parity: States Embrace Telehealth’s Essential Role in Healthcare Reform

In recent years, telehealth has seen a surge in adoption triggered by the COVID-19 pandemic. Payment parity, a policy requiring that healthcare providers receive the same reimbursement for telehealth visits as in-person visits, has been at the forefront of discussions in the healthcare sector. To adapt to this new normal, numerous states have enacted temporary…

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New York’s Unwavering Stance Against Fraud: Analyzing Recent Decisions under 114-a of Workers’ Compensation Law

In an era marked equally by the rise of technological sophistication and concerning trends in fraudulent activities, New York continues to set the standard with its unyielding stance against fraudsters. The State has recently demonstrated its commitment to penalize violations ruthlessly under 114-a of the Workers’ Compensation Law, especially those pertaining to fraud litigation. As…

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Mixed Trends in Consumer Litigation Filings: Navigating a Complex Landscape for Corporate Law Professionals

According to a recent report by WebRecon, there were noticeable fluctuations in U.S. court filings regarding consumer litigation through July. The patterns reflect an upswing in some areas and a reduction in others, providing a complex landscape for corporate law professionals to navigate. In July, numbers indicated a slight uptick in court filings under the…

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Final Guidance for Build America, Buy America Act Boosts Domestic Content Requirements in Infrastructure Projects

The Office of Management and Budget (OMB) recently unveiled its final guidance for the Build America, Buy America Act (BABA). This comes after the act was enacted in November 2021 as a component of the Infrastructure Investment and Jobs Act (IIJA). The OMB’s guidance lays out tighter U.S content prerequisites for federally financed infrastructure ventures….

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Justice Clarence Thomas’s Financial Disclosures Reveal Ties to Billionaire Harlan Crow

Justice Clarence Thomas embarked on three ventures in 2022 either partially or fully funded by Dallas billionaire Harlan Crow, as disclosed in a financial disclosure form made public recently. The form also noted that Thomas flew by private jet on at least two of these excursions, which Thomas attributed to his security detail’s suggestion, particularly…

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Recent Court Decisions Offer Guidance on Protecting Investigation-Related Documents in Discovery

In the realm of internal corporate and entity investigations, there’s a common thread of discovery motions that hone in on the privilege and work product creation and waiver issues. A couple of recently made findings by both Federal and State courts offer some encouraging news for defendants striving to rebuff discovery of their investigation-related documents….

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Florida Court Deems “Wear and Tear” as an Act of Nature: Implications for Insurers and Policyholders

In an enlightening interpretation of natural events, the Third District Court of Appeal (Third DCA) in Florida has opined that “wear and tear,” along with deterioration, are considered “acts of nature.” The ruling was issued in the case People’s Trust Insurance Company vs. Sheila Banks, et.al., No. 3D22-1436 on August 16, 2023. The Third DCA’s…

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