Although YouTube files are downloadable, the ordinary method to do so is relatively complicated, meaning that “technological measures” to control access were in place, and the service’s easy downloadi...
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…
The court determined that it could review actions taken by the SEC to delay enforcement of interpretations and guidance and a related rulemaking on proxy voting advice businesses. A district judge for the U.S. District Court for the Western District of Texas has issued an order vacating SEC guidance on proxy advisers that the National Association of Manufacturers had said purported to suspend the compliance date for an interpretation and guidance and a related formal rulemaking that brought…
To help inform development of its cybersecurity workforce strategy, the Office of the National Cyber Director (ONCD) today published a request for information (RFI) seeking input on a variety of workforce topics. "The United States depends on reliable and resilient critical infrastructure and functions, supported by our country's cyber professionals. Our Nation continues to face a significant shortfall in cyber talent, with estimates of approximately 700,000 open positions," Camille Stewart…
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 guidance would assist large banks in developing their resolution plans for rapid and orderly resolution in bankruptcy as a result of financial distress or failure. The Federal Deposit Insurance Corporation and the Federal Reserve Board announced they anticipate issuing guidance to assist certain large banks to develop their resolution plans for rapid and orderly resolution under bankruptcy in the event of financial distress or failure. The Economic Growth, Regulatory Relief, and Consumer…
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.…
Lawsuit alleges cargo carrier Matson used anticompetitive tactics to exclude American President Lines from U.S.-Guam shipping market. A federal lawsuit filed in the District of Columbia adequately alleged that U.S.-based shipping company Matson unfairly leveraged its market dominance in container shipping and U.S. government regulations to exclude plaintiff foreign shipping carrier American President Lines, LLC (APL) from the markets for container cargo shipping services from the U.S. mainland…
For the drug’s warning to be deemed adequate, it needed to instruct as to frequent monitoring for kidney disease, and not just periodic monitoring. The Supreme Court of Alabama has answered two questions that were certified to it regarding prescription drug warnings, in the affirmative. The first question concerned the extent to which a manufacturer needed to warn regarding mitigation of stated risks under the learned intermediary doctrine; and the second question inquired as to whether the…
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 ...
A table of proposed rule comment dates and final rule effective and compliance dates for SEC and CFTC rulemaking. Recent SEC activity includes the following: EDGAR update. The SEC has adopted amendments to the EDGAR Filer Manual. ...
A social media influencer and reality TV celebrity, Kardashian was paid approximately $250,000 to promote an EthereumMax offering on her Instagram account last year. The SEC has announced charges against Kim Kardashian for pluggin...
Colorado Attorney General Phil Weiser (D.) has published the proposed Colorado Privacy Act (CPA) rules which will, if adopted, expand upon the privacy requirements under the CPA by creating definitions for terms not defined in the...
The Argentine Agency for Access to Public Information announced today that it was extending the consultation period regarding proposed amendments to the country's Personal Data Protection Act, No. 25,326 (PDPA) from Sept. 30 to Oc...
The price premium theory of liability did not require the consumers to make any claims regarding the efficacy of the product. Cosmetics consumers properly pleaded causes of action for false advertising, under both New York and Cal...
The court concluded that a stay of a Blue Cross and Blue Shield of Massachusetts, Inc., action against Regeneron would best conserve resources and avoid duplicative litigation while the DOJ prosecutes a closely related parallel su...
OFAC believes the guidance should aid financial institutions in determining “how best to allocate their compliance resources consistent with their particular sanctions risks” for instant payment systems. The United States Treasury...
The Fed Governor spoke about the present state of supervision, concluding that the need for robust regulation and supervision remains true today, but it must also allow banks to continue providing credit and other financial produc...
Sheeran borrowed too much from the music legend, a lawsuit alleges. The high-flying investment banker who owns the right to a number of songs by music legend Marvin Gaye was entitled to trial on his claim that pop ingenue Ed Sheer...
Netflix and a production company, which prevailed in the suit, had sought $170,705 in attorneys’ fees. The federal district court in Oklahoma City has awarded $35,000 in attorneys’ fees to Netflix and a production company involved...
Gentleman's agreement among gasoline traders promoted market efficiency by allowing timely reporting of spot market prices and better scheduling of pipeline shipments. A federal district court in California has granted gasoline re...
Syngenta and Corteva allegedly engaged in an anti-competitive scheme which paid their distributors to exclude generic pesticides from the market. The FTC and ten states’ attorneys general have announced the filing of a complaint i...
Genuine issues of fact existed as to whether the police equipment posed “an unreasonable risk of injury” and whether it caused the decedent’s injuries. In an action against the manufacturers of a high-pressure projectile system us...
The jury found that a smoker’s lung cancer and subsequent death were caused by her reliance on the manufacturers’ misleading statements and the negligent and defective design of the cigarettes at issue, but apportioned partial fau...