Alerts

In this podcast, Birgit Matthiesen speaks with Bob Kirke, the Executive Director of the Canadian Apparel Federation, who will share the very latest about Canada’s efforts to ban imports suspected of having been made with forced and child labor.

A panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not to disparage a former employee could be held liable for negative remarks made about the departed employee by the CEO.

In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over water-related issues from the federal government to the states.

Headlines that Matter for Companies and Executives in Regulated Industries

The rise of artificial intelligence (AI) applications in recent years has been accompanied by a surge in patent filings by AI developers. But like many other emerging technologies before it, AI inventions face patent eligibility challenges.

Federalism — the allocation between federal and state governments — is at the heart of American constitutional law.

The National Labor Relations Board’s (NLRB) longstanding policy strongly favored manual representation elections. With the COVID-19 pandemic’s onset, the Board began permitting mail-ballot elections under the “extraordinary circumstances” exception to its manual ballot preference.

The Equal Employment Opportunity Commission (EEOC) has issued a resource outlining potential liability under Title VII of the Civil Rights Act of 1964 (Title VII) for employers who utilize algorithmic decision-making technologies to make employment decisions.

On May 16, 2023, the Minnesota legislature passed a bill banning noncompetition agreements. The bill is expected to be signed shortly by Governor Tim Walz. The ban is set to take effect on July 1, 2023, and is not retroactive.

In the year following the implementation of the arbitration process established under the federal No Surprises Act (NSA), more than 330,000 disputes have been submitted for resolution.

No company wants to be sued by its current or former employees, particularly for discrimination claims. Even if you prevail, litigating such claims inevitably exposes you to public stigma and internal discord.

On May 5, 2023, New York Attorney General Letitia James announced a landmark bill — the Crypto Regulation, Protection, Transparency, and Oversight (CRPTO) Act — that, if passed, would dramatically tighten regulation on digital assets issuers, brokers, advisors, and marketplaces operating in New York

Headlines that Matter for Companies and Executives in Regulated Industries

Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws.

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use under US Copyright Law.

Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues.

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration.

Once again, in the third such decision in fewer than two years, the US Court of Federal Claims (CFC) in January issued a decision granting a protest of, and thereby upending, a major Department of Defense (DoD) award decision.

Almost all states promulgate regulations regarding “diligent efforts” that licensed excess line brokers must perform while wishing to offer permissible coverage from unlicensed insurance companies in that state’s market, when no coverage or an insufficient amount of insurance is available.

The President of Mexico, Andres Manuel López Obrador (AMLO), from the outset of his six-year term, made it abundantly clear that his government will exercise greater control and intrusive state supervision over mining activities in Mexico.

The concept of administrative deference — i.e., that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer — is a key component to the modern regulatory state.

Nothing in your life will be more impactful than the AI revolution.

Prop 65 Counsel: What To Know

Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season.

“This is the new arms race.” That’s how Missouri State Representative and former University of Missouri offensive lineman Kurtis Gregory described the burgeoning patchwork of state laws that govern student athletes’ ability to profit from their name, image, and likeness (NIL).