A bill designed to make it easier for federal agencies to adopt secure cloud technology and another that would require smart device manufacturers to disclose whether a device has a camera or microphon...
The employer’s communications constituted more than “ministerial or passive aid”—they “actively solicited, encouraged, and assisted,” and thus were unlawful. An employer acted unlawfully by distributing a memorandum soliciting employees to withdraw their union membership and authorization for dues deduction; and polling employees by distributing a memorandum asking them to return an attached union authorization card if they wanted to join the union and start paying union dues, ruled a divided…
Purchasers of securities in an acquiring company do not have standing to sue the target company for misstatements the target company made about itself before the merger. A Second Circuit panel concluded that shareholders lacked standing to sue an acquired company in which they held no shares. In this case, shareholders in an acquiring company sued over alleged misstatements made by the target company about itself. While the plaintiffs argued that the merger made for a direct relationship…
The Supreme Court should reverse an appeals court ruling that blocked a lawsuit challenging the National Security Agency's "upstream" searches of Internet traffic, according to an amicus curiae brief filed today by eight advocacy groups. The Wikimedia Foundation has asked the high court to review the dismissal of its lawsuit by the U.S. Court of Appeals for the Fourth Circuit (Richmond). The appeals court dismissed Wikimedia Foundation v. NSA (case 20-1191) based on the "state secrets…
The continuing resolution just before the Medicare low-volume hospital payment adjustment and Medicare-dependent hospital program were due to expire. Staring down a federal shutdown, both the Senate and the House passed a bill that funds the government through December 16 and extends two Medicare rural hospital programs. The continuing resolution, H.R. 6833 , also extends the FDA user fees program for five years and extends increased Medicaid federal medical assistance percentage (FMAP) for…
The Fed made changes to its proposed framework in response to comments seeking clarity, transparency. The Federal Reserve Board has adopted a new supervisory framework for depository institutions holding companies significantly engaged in insurance activities (supervised insurance organizations). The framework provides a supervisory approach that is specifically designed to reflect the differences between banking and insurance and that takes into consideration the complexity of each…
Texas court’s refusal to transfer venue did not warrant mandamus relief. The U.S. Court of Appeals for the Federal Circuit has denied a petition for a writ of mandamus seeking to compel a federal district court in western Texas to dismiss or transfer an infringement lawsuit filed against a semiconductor company whose only regular contact with the state of Texas was the location of several remote employees. The district court refused to transfer venue because Monolithic Power Systems, Inc.…
Multi-billion-dollar deals would face significantly higher fees, as much as $2.25 million. Fees would adjust for inflation. In addition, state antitrust enforcers would get some relief. The House of Representatives on September 29 passed bipartisan legislation that would raise merger filing fees on the largest reportable mergers and acquisitions and would adjust those fees annually to reflect inflation. The measure also exempts state enforcement of the federal antitrust laws from the…
The victim alleges that the AR-15 rifle involved in the shooting was easily modifiable to become fully automatic and that the manufacturer negligently marketed the weapon to individuals with risk factors, particularly “troubled young men.” A victim of the July 4, 2022, mass shooting in Highland Park, Illinois filed a multi-count lawsuit against Smith & Wesson Brands, Inc., the manufacturer of the AR-15 weapon used by the shooter, in addition to the gun store that sold the weapon and the store…
Regional directors will have discretion to order mail-ballot elections in communities where the CDC has found the risk of COVID-19 transmission is “high,” based on its Community Level tracker . A divided five-member panel of the NLRB, in a 3-2 decision, has decided to make a technical update to Aspirus factor 2 based on a metric developed by the Centers for Disease Control and Prevention (CDC). The Board held that a regional director did not abuse his discretion by directing a mail-ballot…
The decision of most employees within an appropriate bargaining unit decides whether a union will be the exclusive bargaining representative of all employees within that bargaining unit, even those opposed to the union. The tensio...
Since the passage of the Defend Trade Secrets Act (DTSA) in 2016, federal courts have seen a significant increase in trade secrets cases — and this will not stop anytime soon. Trade secret cases, by their inherent nature, require ...
Industry leaders discuss the Wolters Kluwer 2022 Future Ready Lawyer Survey, highlighting the future of client-firm relationships. A panel of industry experts examined the latest Wolter Kluwer Future Ready Lawyer (FRL) Survey at t...
Agency is monitoring the impact of the storms but has not yet issued formal relief. The SEC is ready to provide regulatory assistance to those impacted by Hurricanes Ian and Fiona and, is inviting anyone with obligations under the...
California Gov. Gavin Newsom (D.) has signed SB 1172, the Student Test Taker Privacy Protection Act, to bolster the privacy protections provided under the California Consumer Privacy Act (CCPA). Under CCPA, which was amended and r...
California Gov. Gavin Newsom (D.) has vetoed a bill that sought to protect privacy in the home by ensuring that smart speaker devices can't eavesdrop on private conversations. "I share the author's concern for and commitment to co...
Based on the language of the Tax Injunction Act (TIA) the court was not convinced that it had jurisdiction and directed the parties to brief that threshold issue before deciding the merits of a motion to dismiss. A federal distric...
For CY 2023, the inpatient hospital deductible will be $1,600. This notice announces the inpatient hospital deductible and the hospital and extended care services coinsurance amounts for services furnished in calendar year (CY) 20...
A special edition of the CFPB’s Supervisory Highlights identifies issues with private student loan servicers’ conduct. The newest issue of the Consumer Financial Protection Bureau’s Supervisory Highlights identifies issues with pr...
The suit alleges that the New York-based lender imposed illegal and excessive charges against servicemembers and their dependents. On September 29th, the Consumer Financial Protection Bureau filed suit against MoneyLion Technologi...
Facebook posts with only a handful of “likes” were probably not seen by Target’s own artists. A teenager who designed and posted on the internet a collection of works in the “sketch-style dot art” style failed to show that Target ...
Well-known nut company does not provide sufficient facts to support its claims that newcomer was copying its packaging. The Wonderful Company, well-known for its catchy, celebrity-filled ads for pistachios in black packaging, and ...
The Ninth Circuit reversed two district court decisions granting summary judgment to off road vehicle maker Polaris in a class action suit that claimed the vehicles’ labels were misleading because of representations the products c...
The fee award of 33 percent of each of the $700,000 settlement funds for the spark plug litigation and oxygen sensor litigation is approved, ending the respective cases. Following a $1.4 million antitrust settlement between direct...
The claimant failed to raise any fact issues that would allow her manufacturing and design defect claims to move forward. A product liability suit against Shoe Show, Inc., a shoe supplier, for injuries sustained as a result of an ...
The firm has received one report of an entrapment incident that resulted in the death of a seven-year-old child. The Consumer Product Safety Commission (CPSC) and Custom Elevator, of Plumsteadville, Pennsylvania, are announcing a ...