NSO Group Technologies Ltd., an Israeli firm that provides hacking and spyware tools to governments and other entities, is not entitled to immunity from lawsuits in U.S. courts under the 1976 Foreign ...
The South Carolina high court recently clarified that when an employer makes a legitimate business decision to outsource a portion of its work, the contractors it hires to perform the work are not statutory employees for workers’ comp purposes. Reversing a district court’s determination that three maintenance employees for DAK Americas, who were killed or seriously injured in attempting to repair a production line owned by Eastman Chemical Company, were Eastman’s “statutory employees” under…
Senators Warren and Durbin ask ex-FTX CEO Sam Bankman-Fried and John Jay Ray III, his replacement, for detailed information related to FTX’s failure. Adding their voices to a growing number of cries for an explanation of FTX’s abrupt collapse, Senators Elizabeth Warren (D-Mass) and Dick Durbin (D-Ill) have requested a series of files from the crypto firm, including copies of internal policies and procedures regarding the relationship between FTX and its affiliated crypto hedge fund, Alameda…
Legislation that would require the Cybersecurity and Infrastructure Security Agency (CISA) to identify "systemically important" critical infrastructure (SICI) that would have heightened cybersecurity obligations has received new support—this time from the U.S.-China Economic and Security Review Commission. The commission, created by Congress in 2000, said in its annual report to Congress last week that it supported legislation on SICI. Congress should "pass legislation codifying the concept of…
Most of the other mandates have either been set aside or enjoined, the States argue. A coalition of 22 States on November 17 filed a Petition for Rulemaking , requesting that the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) repeal what the States see as the unlawful federal vaccine mandate for healthcare workers. The States are also requesting the withdrawal of related guidance. Interim final rule. The petition, filed under the…
The Bureau’s report covers assessments completed between January and June of 2022 in the areas of auto loans, consumer reporting, mortgage servicing, and the handling of COVID-19 relief funds, among other topics. The Consumer Financial Protection Bureau has released its Fall 2022 “Supervisory Highlights” report with findings of violations in the areas of auto loan servicing, consumer reporting, credit card account management, debt collection, deposits, mortgage origination, mortgage servicing,…
The case pits a trademark owner’s right to protect its brand against a third-party’s First Amendment right to humorous use of a trademark on a commercial product. Famous spirits distiller Jack Daniel’s has been granted U.S. Supreme Court review in a case involving the limits of First Amendment protection from trademark infringement liability afforded to parodic expressive works. The Court had been asked to clarify whether humorous use of a company’s well-known brand on a commercial product,…
Agreement satisfied the elements of a franchise under the California Franchise Investment Law. An agreement that gave a party the option to use a restaurant’s tradename to operate a branded restaurant at a particular location in exchange for a “licensing” fee created a valid franchise under the California Franchise Investment Law (CFIL), the federal district court in San Francisco, California has decided. The court denied the “franchisor’s” motion to dismiss counterclaims in a trademark…
The manufacturer has declined to recall the products, which, the Commission cautions, pose an ejection hazard. Citing a risk of death or serious injury, the Consumer Product Safety Commission (CPSC) is urging consumers to stop using Future Motion’s Onewheel self-balancing electric skateboards immediately. This includes all models of the product: Onewheel, Onewheel+, Onewheel+ XR, Onewheel Pint, Onewheel Pint X, and Onewheel GT (CPSC News Release , No. 23-046 , November 16, 2022). In a news…
“The controversy before the District Court was, in essence, the same controversy pending in the Circuit Court of Jefferson County.” A federal district court lacked jurisdiction, in an FLSA wage and overtime case, to find that the employee’s attorney’s contingent fee was excessive, the Eleventh Circuit held. The employee settled his FLSA and Title VII employment discrimination claims with the employer and then sued the attorney in state court for breach of contract. The state court stayed the…
Construction industry employers should take steps now—before the EEOC investigates their organization—to minimize their risk of a discrimination or harassment lawsuit. The U.S. Equal Employment Opportunity Commission (EEOC) has a ...
Employers, particularly those with agricultural or construction workers outside-especially those located traditionally warmer locations-may want to review their heat illness and injury policies. The 2022 FIFA World Cup in Qatar ki...
The CFPB has undergone vast changes in its short history—changes in focus, work product, and its impact on legislators. With a third director in place, the Bureau comes full circle. The Consumer Financial Protection Bureau is an a...
CFTC Chair says that during a time of significant market and political turbulence, the derivatives markets did not transmit additional stress to the broader financial system. In a challenging year that has seen Russia’s invasion o...
On Nov. 9, the New York Department of Financial Services (NYDFS) officially issued proposed amendments to its Cybersecurity Regulation (23 NYCRR Part 500), the text of which may be accessed from the NYDFS Cybersecurity Resource Ce...
The European Parliament has given final approval to rules designed to improve the protection of critical infrastructure in the European Union. In a press release issued today, parliament said the new rules would harmonize the defi...
The court held that because benzophenone is merely a byproduct of an approved component of the sunscreen, including it in labeling is not necessary under federal law. The claims of consumers challenging the labeling of sunscreen d...
Although the Provider demonstrated no material difference in the way risk adjustments are made between the ACA and the MA, the Relators’ FCA claims were nevertheless dismissed due to failure to satisfy the requisite falsity and ma...
Fed Governor Bowman and Acting Comptroller Hsu both spoke about financial education and the future of crypto before the Financial Literacy and Education Commission. Federal Reserve Board and Treasury officials in speeches before t...
The letter from the Independent Community Bankers of America to Congressional leaders not only discusses pending measures that the ICBA supports, it also references bills the organization opposes. The Independent Community Bankers...
The patents’ hardware components in addition to the abstract idea of wireless communications was not sufficient. Six patents that Koss Corporation holds describing its wireless earphones are ineligible for patent protection and in...
Generic drug manufacturer’s confirmation that ANDA product would not infringe asserted patents prompted voluntary dismissal and deprived court of jurisdiction over counterclaims. A motion by pharmaceutical manufacturer Novartis Ph...
A company accountant’s documents were off limits as trial prep, discovery was limited to the current owner/defendant, and interrogatory answers were ordered, even if burdensome. In an antitrust suit involving a dispute between Las...
Discovery deadline had passed in mid-October. The federal district court in Memphis, Tennessee granted Varsity Brands and other defendants’ motion for a protective order and denied American Spirit and Cheer Essentials and other pl...
There were no controlling precedents as to whether the “one-action rule” under Kansas law applied to arbitration proceedings. In an action brought against the manufacturers of a grain vacuum by the estate of a worker who died in a...
A roundup of recent items of interest to the Products Liability and Safety community. COMPLAINTS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—N.D. Tex.: An employee of a manufacturer of pre-formed, corrugated metal who was injured while wo...