Welcome to your latest update on the top stories of the week from the world of appellate litigation. We owe thanks to Howard Bashman and his dedicated work on How Appealing, the first blog focusing on appellate litigation on the internet. The Supreme Court features heavily in the news this week. For instance, there is…
In a significant ruling, the California Supreme Court unanimously decided that the state’s Fair Employment and Housing Act (“FEHA”) applies not only to employers, but also to companies offering services as representatives for these employers. The landmark decision stipulates that if an employer’s agent employs a minimum of five individuals, the agent itself can shoulder…
For both the legal professionals and the world at large, the debate on free speech continues to evolve, often hinging on the balance between free expression and professional boundaries. A significant illustration of this comes by way of the notable case of Peterson v College of Psychologists of Ontario, adjudicated by the Ontario Superior Court…
U.S. regional banking institutions may be facing more stringent financial safeguards as federal banking regulators have crafted a proposal to require long-term debt (LTD) obligations. The proposal, issued on August 29, 2023, targets large U.S. banking organizations with total assets amounting to or greater than $100 billion that are not already subjected to such requirements….
Significant shifts are occurring in United States wage and hour jurisprudence, notably in the context of the Fair Labor Standards Act (FLSA). A case that exemplifies this evolution is Clark, et al. v. A&L Home Care & Training Center, where BakerHostetler played a leading legal role. Held at the Southern District of Ohio, the trial…
In a move that reflects the ongoing policy shifts under the Biden administration, the National Labor Relations Board (NLRB) has issued a final rule streamlining union election procedures. The decision follows a series of reversals of policies and decisions from the Trump era. The new rule, which expedites the process for union organizing efforts, presents…
In a noteworthy development from late August 2023, The Patent Trial and Appeal Board (PTAB) has issued final verdicts related to IPR2022-00578 and IPR2022-00579, the patent interference cases filed by Celltrion against two tocilizumab-related patents. The patents in question – U.S. Patent Nos. 8,580,264 and 10,874,677 – are owned by Chugai Seiyaku Kabushiki Kaisa, Genentech,…
In a significant recent decision, the Central District of California (C.D. Cal.) held that injury claims related to Implanted Cardioverter Defibrillators (ICD) are preempted in the case of Tripolskiy v. Boston Sci. Corp., 2023 U.S. Dist. LEXIS 146689. For those of us who worked in the region among the palm trees and smog, the case…
The U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking on August 30, 2023, that is poised to make considerable amendments to several exemptions concerning the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements. The new proposal, as reported by the JDSupra, is key to understanding how it may affect businesses,…
On August 23, 2023, the Securities and Exchange Commission (SEC) decidedly adopted new rules and amendments, collectively known as the “Final Rule”, as per the Investment Advisers Act of 1940. These rules impose new requirements on investment advisers to hedge funds, private equity funds, and certain other private funds. They apply to a large extent,…
The U.S. Department of Labor (DOL) has put forth a Notice of Proposed Rulemaking, suggesting amendments to its current regulations. The proposed changes would grant employee-authorized third-party representatives the right to accompany Occupational Safety and Health Administration (OSHA) officials during facility inspections. This means union representatives, as well as members from interest groups, could join…
In a decision that resonates with the global market, the Nevada Supreme Court ruled that a temporary closure due to the ongoing pandemic isn’t a violation of the “ordinary course” covenant. The term “ordinary course” is frequently used in merger and acquisition agreements with the intent of assuring the buyer that there will be no…
On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) proposed new conflict-of-interest rules targeting broker-dealers and investment advisers registered with the SEC. Aimed at regulating the use of artificial intelligence (AI), the majority of the Commissioners voted to instate these changes under the Securities Exchange Act of 1934 and the Investment Advisers Act…
In the latest episode of their two-part series “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman are discussing important aspects of the regulatory landscape that every legal professional should be aware of. This episode, titled “Mastering Participation in the Process,” explores the nitty-gritty of the Paperwork Reduction Act (PRA), Regulatory Flexibility Act…
In a notable legal maneuver, the U.S. Department of Labor (DOL) proposed a significant regulatory rule on August 30, 2023. This rule would elevate the minimum salary threshold, applicable to employees categorized as “exempt” under the white collar exemptions to the Fair Labor Standards Act (FLSA), by nearly 55 percent, as reported by JD Supra….
Legal professionals should take note of a significant shift occurring in the National Labor Relations Board’s (NLRB) union recognition practices. Last week, the NLRB signaled a clear preference for employers to voluntarily recognize unions based on a “card check” system, rather than utilizing the traditional secret ballot election. This has significant implications for corporations and…
In a remarkable development, the Biden Administration embarked on an official cannabis policy review process in October 2022. This action stands as the most significant undertaken by the White House in a long time, including pardoning all individuals convicted of simple cannabis possession under federal law. The process is now transitioning to a review of…
In a recent decision, the Fifth Circuit Court has overturned former employer-friendly limitations on Title VII Claims. According to the ruling, employees located in Louisiana, Mississippi, and Texas can currently assert a Title VII disparate-treatment claim if they assert discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment”. This ruling significantly…
On July 25th, a petition requesting review of the U.S. Environmental Protection Agency’s (EPA) newly instituted rule was filed with the Eighth Circuit. This latest decree from the EPA mandates states to analyze and document cybersecurity threats to their public water systems. The petition against this EPA regulation came not only from the states of…
In a push towards green energy, several cities in Massachusetts are looking to impose prohibitions on gas hookups in both new construction and renovated buildings. This move is in line with regulations promulgated last year by the Massachusetts Department of Energy Resources. As outlined in 225 CMR 24.00, only ten cities or towns are authorized…
In an uncommon move, the Department of Health and Human Services (HHS) has recommended reclassifying cannabis as a Schedule III drug under the Controlled Substances Act (CSA). This initiative, intended to advance the evolving public and scientific perception of cannabis, would drastically change its legal standing in the United States. On October 6, 2022, President…
Recently, the European Union implemented new regulations, specifically the Regulation on Deforestation Free Products (EU Regulation 2023/1115; “Regulation”). This new legislation imposes stringent due diligence obligations aiming to halt deforestation and promote global biodiversity. It’s no understatement to say the impact of these new regulations will be widespread amongst corporations and law firms alike. Further…
In recent environmental policy developments, California continues to push forward with its ambitious Advanced Clean Fleet rules. A major milestone is fast approaching, signalling the state’s tenacious commitment to encouraging the manufacture and wide adoption of zero-emission, heavy-duty trucks. This landmark deal with truck manufacturers, spearheaded by California, represents a significant stride in environmental regulation…
In a recent development, it has been noted that certain foreign national workers in the US are likely to be affected by an expiring federal rule. By the end of October, a temporary rule, which has granted certain foreign nationals an increased period of automatically extended work authorization, is set to expire. This, in turn,…
On August 30, 2023, the U.S Department of Labor (DOL) unveiled a Notice of Proposed Rulemaking (NPRM) purporting to “restore and extend overtime protections to 3.6 million salaried workers” across the United States. The decision, as announced by the DOL, is aimed at increasing the salary threshold for exemptions under the Federal Labor Standards Act…