On August 2, 2023, the National Labor Relations Board (NLRB), a federal agency that enforces labor laws, issued its decision in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”). The ruling referenced two previous cases, The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”) and LA Specialty Produce Co., 368 NLRB No. 93 (2019) (“LA…
On July 31, 2023, the Energy and Gas Regulation Commission (CREG) of Colombia issued new guidelines to supervise price formation in the Wholesale Energy Market (MEM), including its associated obligations, as articulated in Article 8 of Decree 0929 of June 7, 2023, of the Ministry of Mines and Energy (MME). Further details were provided by…
Defamation, both in its conventional and online forms, can have severe repercussions on personal and professional lives. As a pivotal part of any defamation lawsuit, proving the damages accrued due to untrue statements can be somewhat convoluted. The fact that an individual or corporation suffered from the defamation is evident; however, making that argument in…
The United States Supreme Court issued a ruling on June 29, 2023, which determined affirmative action in the college admissions programs of two notable universities to be unconstitutional. This decision, while specifically addressing only two particular college admissions processes, has elicited a wider debate within the United States. Many political leaders are using the ruling…
In a definitive move towards renewable energy, after an extended legal battle, the Oregon Energy Facility Siting Council (EFSC) has approved a site certificate for the Nolin Hills renewable energy facility. Approval of this important project ultimately speaks to the growing significance of renewable wind energy in Oregon and beyond. To give a bit more…
California, bearing a strong economy likened to global powerhouses, has consistently proven its ambition in environmental legislation. Among these, the SB 54 – an extended producer responsibility (EPR) law that imposes source reduction and recycling requirements for single-use packaging and plastic food service ware – undeniably stands out. While it is inarguably a key piece…
In a significant move towards the future of spectrum management, the Federal Communications Commission (FCC) has adopted a Notice of Inquiry (NOI) dubbed “Advancing Understanding of Non-Federal Spectrum Usage.” The initiative relates to the growing use of wireless spectrum by non-federal entities which the FCC governs. This vast array of entities includes commercial users as…
The team at Unfamiliar Terrain offers a diverse roundup of news and multimedia content in their recent post: “What We’re Reading, Watching, and Listening to: August 2023”. Their works are diverse, engaging, and insightful, providing comprehensive coverage of various legal matters of interest to both burgeoning and established legal professionals alike. (Read more) A significant…
Welcome to the latest edition of the Private Client and Trust Bulletin for the summer of 2023. This bulletin plays an important role in updating legal professionals on global perspectives in trust and private client sectors. This period gives us the opportunity to share significant legal updates from Bermuda court trust proceedings, developments from our…
In a decision that reverberates within the financial industry, the Washington Court of Appeals has ruled that investment funds are liable to Washington state’s business and occupation (B&O) tax on their investment income. This ruling is seen as a substantial reinterpretation of the tax law applied to business and investment entities within the state. The…
The annual NILG (National Industry Liaison Group) National Conference for 2023 has recently concluded. All good things must come to an end, and so it was with this year’s conference says JDSupra. The last day of the conference, held in tradition, presented a panel featuring the OFCCP’s (Office of Federal Contract Compliance Programs) regional directors….
In a significant development since Brexit took place, the Financial Services and Markets Act 2023 (the Act) was published on 7 July 2023. This milestone signals significant strides in the process to construct the UK’s ‘Smarter Regulatory Framework’ post-Brexit. This is a part of the broader undertaking to review and enhance the UK’s wholesale markets….
The world of cryptocurrency has been in a legal whirlwind, particularly related to the issue of ‘Crypto as a Security’ and the application of the Howey Test. Recent legal developments have brought this issue closer to resolution, shedding some light on the often murky waters of crypto law. One of the most significant recent case…
The future of non-compete agreements in the state of New York remains uncertain as Governor Kathy Hochul awaits signing off on legislation that could potentially establish one of the country’s most rigid bans on such agreements. The proposed legislation faces stern opposition from lobby groups across the financial and corporate sector who are pressing the…
The legal world, with its variety of complexities, has consistently been projected as being on the brink of radical metamorphosis. These predictions, highlighting everything from apocalyptic demise to significant restructuring, seem to emerge in regular five to ten year intervals. This cyclic wave of predictions can be traced at least as far back as the…
In a recent and highly anticipated ruling, the National Labor Relations Board (“NLRB” or “Board”) unveiled its decision in the Stericyle case, fundamentally impacting how employers shape, implement, and enforce their workplace policies. This pivotal ruling applies to all businesses, irrespective of whether their employees are represented by a labor union. The Stericyle Board, largely…
The Federal Energy Regulatory Commission (FERC) issued an order on July 3, affirming its increased scrutiny of the ties between investors and public utilities. Of particular concern are the investors who exert control over these utilities through their representation on company boards, or the boards of companies that hold interests in these utilities. This order…
The Office of Federal Contract Compliance Programs (OFCCP) has recently announced the “Pre-Enforcement Notice & Conciliation Procedures” final rule, a pivotal shift in their strategy that is sparking a frenzy among federal contractors. Legal luminaries, John C. Fox and Candee Chambers, explore the implications of this new rule in the latest installment of DE Under…
In a fascinating development in electric vehicle (EV) manufacturing and financing, Tribal Nations are leveraging their sovereign status to address longstanding state laws that often inhibit direct sales from vehicle manufacturers to buyers, which has hindered progression in EV sales. A comprehensive report by McGlinchey Stafford elucidates the issue at hand and the actions being…
The Consumer Financial Protection Bureau (CFPB) has filed its reply brief with the U.S. Supreme Court in Community Financial Services Association of America Ltd. v. CFPB, according to an update from JD Supra. In the case, the Community Financial Services Association of America (CFSA) has requested the Supreme Court to confirm the decision from the…
Complexities often arise when interpreting laws that grant employees leave, especially in cases with overlapping provisions. Take for instance, FMLA (Family and Medical Leave Act) and FAMLI (Family and Medical Leave Insurance) leave in the context of the new FAMLI Act implemented in Colorado. Consider a scenario in which a pregnant employee in Colorado is…
Trade and compliance professionals operating in the international legal landscape have a fresh set of complexities facing them. The intersection of “Buy America” provisions and the Federal Acquisition Regulations (FAR) are causing a stir within the sphere of global commerce and procurement, particularly in government contracts. A noteworthy development, as observed by the Braumiller Law…
The U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) have jointly announced the creation of a regional, cross-agency taskforce focused on environmental crimes in Puerto Rico and the U.S. Virgin Islands. This new task force signifies a growing trend of legal attention being levied on environmental regulation violations by businesses, a…
In the latest legal development from the United Kingdom, the UK Supreme Court delivered a significant verdict in R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28 that bears great implications on litigation funding. The court pronounced that litigation funding agreements, referred to as “LFAs”, are in fact a provision…
In the modern digital era, the role of a legal professional extends beyond the courtroom and reaches the virtual spheres of search engine optimization and website building. One essential component in optimizing your law firm’s online presence is the effective use of meta descriptions. A concise and illuminating article published on JD Supra provides insights…