For years, the legal community has scrutinized the Federal Arbitration Act (FAA)’s arbitration exemption clause for workers engaged in interstate transportation. The clause has generated substantial debate, with several disputes over which categories of workers are within the FAA’s exemption scope. Objections against the arbitration of IC misclassification cases sparked further discourse in the industry….
In a bid to address pay disparities in global organizations, we draw attention to an upcoming webinar titled “Guidance for Developing a Global Pay Equity Strategy,” to be held on November 29th from 2:00 pm – 3:00 pm ET. The program promises to impart essential knowledge and practices around creating an effective global pay equity…
On November 1, 2023, the Office of Management and Budget (OMB) unveiled their proposed Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Draft Memorandum). The intention behind the proposal is to provide direction and establish an extensive set of protocols for evaluation, observing and risk mitigation for federal agencies’…
In what appears to be a shift in jurisprudence, federal contractors are gaining an advantage regarding jurisdiction in Contract Disputes Act (CDA) claims. This shift can be traced back to a trend started in 2014 by the U.S. Court of Appeals for the Federal Circuit, significantly accelerated this year with the U.S. Supreme Court’s March…
The rapid global technological growth, while beneficial, has witnessed various accompanying legal challenges. One such emerging issue is the alleged violation of privacy rights by mobile applications. A recent example includes Chinese-owned shopping app ‘Temu.’ The company is now on the defendant’s side of a lawsuit claiming sweeping privacy violations. As law professionals would be…
In a notable move, the Food and Drug Administration (FDA) on November 2, 2023, suggested revoking the regulation that sanctions the use of brominated vegetable oil (BVO) in food. BVO, an ingredient that comprises vegetable oil with added bromine, prevents the separation of components in certain beverages, hence ensuring emulsification primarily in fruit-flavored sports drinks…
In light of recent changes to housing landscapes and affordability challenges, there has been a pent-up interest in Accessory Dwelling Units (ADUs). While these units can offer a solution to housing shortages, it is critical for builders and property owners in Washington State to be appraised of the host of regulatory standards that bind them….
In the complicated and often ambiguous space of intellectual property law, a case has emerged that is causing ripples across the art world. This surrounds a substance known as “Vantablack”, a unique light-absorbent material known for its startling appearance. The material’s unique properties mean that it is able to absorb a staggering 99.96% of light….
The United States is seeing a growing trend of individual state privacy laws being introduced – the latest state to join this trend could be Pennsylvania. The Commonwealth is considering its own state privacy legislation, potentially following in the footsteps of states like California and others who have forged ahead with establishing specific privacy statutes…
On November 3, 2023, a notable shift occurred in United States healthcare law, with potentially sweeping implications for the 340B drug pricing program. The U.S. District Court for the District of South Carolina significantly granted Genesis Health Care’s motion for summary judgment against the Health Resources and Services Administration (HRSA). The crux of the litigation…
In a recent development, the Office of Foreign Assets Control (OFAC) in the United States suspended certain sanctions set down on various Venezuela entities, specifically in the oil and gas sectors, the state-owned gold mining company, and Petróleos de Venezuela, S.A. (PdVSA), including their debt and equity. The relaxation of these sanctions occurred on October…
On October 25, a ruling by a panel of the Fifth Circuit Court of Appeals upheld the Nasdaq board diversity rule amidst various challenges. The opposition claimed, among other things, that the rule tried to improperly and unconstitutionally mandate the composition of corporate boards. This news came in the wake of growing calls across several…
All radio and television station employment units (SEUs) positioned in a range of U.S. states, including Alabama, Georgia, Colorado, Minnesota, Montana, North Dakota, South Dakota, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont have been given specific deadlines by the FCC (Federal Communications Commission) for Equal Employment Opportunity (EEO) Public File Reports. This applies…
Legal professionals worldwide may have grown accustomed to the Federal Circuit’s claim construction gospel as set forth in Phillips over the last two decades. This doctrine traditionally posits the intrinsic evidence – such as claims, specification, and the prosecution history – as the key determiner often “dispositive” and is “the single best guide to the…
On November 6, 2023, significant regulatory updates emerged surrounding financial regulations from the UK’s leading financial regulatory bodies. The bodies involved include the Bank of England, the Prudential Regulation Authority (PRA), and the Financial Conduct Authority (FCA). These influential institutions have made public their proposed approach towards innovation in payments, as well as innovations concerning…
The recent report by State Attorney General (AG) presents an interesting analysis of key areas wherein the decisions of state and federal regulators have had significant impacts all over the United States. The report, released on November 2, 2023, offers an intricate view into a myriad of legal issues, from data security queries to alleged…
October of 2023 has seen an array of noteworthy updates in trade law that may affect both multinational corporations and law firms alike. Our primary point of reference is an enlightening report published by Husch Blackwell LLC available here. In this article, we will cover some of the major developments with direct links to the…
Despite 2023 being at a stone’s throw, some already dust off the predictions for its highlights. One significant contender is the term ‘gaslighting’ as pointed out in an article on JDSupra. This term has been bouncing on the tip of tongues worldwide and pricks our attention for a weighty reason: its pervasive presence in our…
On October 31, 2023, Delaware Court of Chancery’s Chancellor Kathaleen St. J. McCormick put an end to a mootness fee award petition instigated by a stockholder who was previously involved in enforcing claims for mergers agreement violation. The case, titled Crispo v. Musk, brought a cessation to the process post-merger closing. Elaborating on the grounds…
In a recent development, on October 10, the Securities and Exchange Commission (SEC) adopted comprehensive changes to Regulation D-G. This regulation governs beneficial ownership reporting under Section 13(d) of the Securities Exchange Act of 1934. The details can be found at JD Supra. The most noteworthy feature of this amendment is the acceleration of beneficial…
“On October 27, 2023, the Federal Trade Commission (FTC) announced an amendment in the Safeguard Rule of the Gramm-Leach-Bliley Act (GLBA). The modification brings in a requirement for non-bank financial institutions to report specific data breaches and other security events to the agency”. The following report provides an overview of the rule change and its…
In a recent decision brought to attention by Bath & Body Works (B&BW) against Goose Creek, the National Advertising Division (NAD) has provided nuanced guidance on disclosures related to endorsements. The lawsuit in question was first initiated by B&BW against Goose Creek, in the face of common issues that adversisers often face. Although it covers…
On October 23, 2023, the Dakota Eye Institute (DEI) reported a significant data breach that has affected upwards of 107,000 individuals. The Institute submitted an official notice to the U.S. Department of Health and Human Services Office for Civil Rights following the discovery that a cyberattack had compromised the personal information of their patients. (JD…
In a noteworthy shift, the European Patent Office (EPO) has recently adopted an approach that leans in favor of patentees when assessing formal priority entitlement. This change could significantly affect the fate of European patents, which have seen an increasing trend toward invalidation through formal priority challenges and intervening prior art. The Jones Day report…
Under new updates announced by the Office of Federal Contract Compliance Programs (OFCCP) effective from November 1, potential complainants are given the option to submit a pre-complaint inquiry prior to filing an official complaint. This development signifies a shift from the previous, potentially more arduous process, and provides an option for the early resolution of…