Alerts

In a win for plaintiffs, the US Court of Appeals for the Ninth Circuit recently reversed a district court’s dismissal of key claims in the case of Ryan S. v. UnitedHealth Group, Inc.

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment.

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an anticipated effective date of September 4, 2024.

Headlines that Matter for Companies and Executives in Regulated Industries

Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since 2015.

As a follow up to our March 1 alert on Imported Products Containing an Aluminum Extrusion Part or Any Extruded Aluminum, the US Department of Commerce (DOC) has announced the preliminary antidumping dumping duties affecting exporters and producers from 14 countries.

Disney fired Carano after she posted a series of controversial political social media posts. The multinational entertainment conglomerate’s motion raises an issue of interest for many media and entertainment companies and their talent.

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective chambers on April 18.

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the 1970’s band.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

License Exception MED, published by the US Department of Commerce’s Bureau of Industry and Security (BIS) on April 25, authorizes the export, reexport, or in-country transfer of EAR99 “medical devices” to non-military hospitals but comes with new restrictions and due diligence requirements.

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such labeling requirements.

On April 23, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule purporting to ban most employee noncompetes.

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and potential implications for PFAS remediation.

Hidden in the supplemental emergency appropriation bill (containing support for Israel and Ukraine) that President Biden signed on April 24 is a provision extending the current five-year SoL under the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act to 10 years.

Headlines that Matter for Companies and Executives in Regulated Industries

The US International Trade Commission (USITC) is assessing the greenhouse gas (GHG) emissions intensity of steel and aluminum produced in the United States through a factfinding investigation initially launched in June 2023.

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual.

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25.

Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from minimum wage and overtime under the Fair Labor Standards Act (FLSA).

Federal environmental enforcement can be civil, criminal, or both.

With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers, companies, and investors may face when entering into health care transactions in the US market.

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).