Member Blogs

The federal Fair Labor Standards Act (“FLSA”) is the law that, among other things, requires covered employees to be paid time-and-a-half for hours worked over 40 hours in a given week. As we have repeatedly said to anyone who will listen, the fact that cannabis remains federally illegal does not mean that cannabis employers can... Continue Reading

Although there is no federally-mandated paid leave for U.S. employees in the private sector, states have increasingly required that employers provide various forms of paid leave to their employees. That trend continues as several states began imposing requirements upon employers to permit employees to accrue and use paid sick leave for certain medical situations for employees or members of employees’ immediate families. Paid sick leave for employees in the private sector is now required by 17 states, the District of Columbia, and various municipalities around the country.

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”).  See Nat’l Ass’n of Realtors v. United States, 97 F.4th 951 (D.C. Cir. 2024) (“Op.”).  This decision reversed the judgment of the district court, which set [...]

The question of whether to reduce working hours is being analyzed in different countries. There has been much comment in recent years about the possible reduction of the working week to 4 days. However, this change is not exempt from debate due to the impact it will have on the business organization. For a legislative […] La entrada Reduction of the maximum working hours: 4-day week or fewer hours in annual calculation? apareció primero en Labor and Employment Law - Garrigues.

On April 24, 2024, a coalition of domestic solar module manufacturers filed a petition for the imposition of antidumping and countervailing duties (AD/CVD Petition) with the U.S. Department of Commerce (DoC) and the International Trade Commission (ITC) on imported crystalline silicon PV cells and modules from Cambodia, Malaysia, Thailand and Vietnam. The AD/CVD Petition alleges,...Continue Reading

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. A recent judgment from the Supreme Court has condemned Buongiorno for reproducing the ZARA trademark on a gift card offered as […] La entrada The Supreme Court confirms that a third party may not use the ZARA trademark. apareció primero en Intellectual and Industrial Property Blog - Garrigues.

On April 17, 2024, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced a bill entitled the Lummis-Gillibrand Payment Stablecoin Act. The bill is the latest bipartisan effort by the two senators to provide a comprehensive federal oversight regime for the regulation of stablecoins. Continue Reading

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc. in the Eastern District of Texas. In the patent litigation, Athalonz accused certain athletic footwear sold [...]

Every year, reporting issuers are faced with the task of tailoring the disclosure for their annual general meeting to an ever-evolving list of changes in corporate and securities laws, updates to stock exchange rules, new guidance from proxy advisors and regulators and developing corporate governance trends. This checklist and overview of certain matters relevant to the 2024 proxy season is intended to help reporting issuers in Canada prepare for their upcoming annual meetings by identifying relevant developments in disclosure rules and governance practices over the past year. Please downloa...

On February 29, 2024, Alberta’s Minister of Finance announced Alberta’s 2024 Budget, and in connection with this announcement, the Government of Alberta published its Fiscal Plan for the 2024 – 2027 period. In this Fiscal Plan, the Province outlined their proposal for the introduction of what they are calling a new “Land Titles Registration Levy”, which ...

Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

By: Anne Marie Ellis, John Epperson and Peter McGaw

On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive... Continue Reading