Seyfarth Shaw LLP

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that marijuana is still illegal in California because it is illegal federally. Thus, the Court sided with a private landowner (“plaintiff”) who objected to the county issuing a conditional use permit (“CUP”) for the…

Seyfarth Synopsis: On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies can now resume presenting federal contractors and grantees with the certifications required under the Executive Orders, including certifications that contractors do not operate DEI programs violating federal anti-discrimination laws, opening the door to potential…

NEW YORK – March 13, 2025 – Seyfarth Shaw LLP, a pioneer in legal innovation for over two decades, announces its alliance with CodeX, the renowned center for legal informatics at Stanford University. Together, Seyfarth and CodeX will combine leading technology and resources to accelerate the research, development, and implementation of industry-leading tools to help resolve the most complex legal and business issues impacting Seyfarth’s clients. “Since our inception 80…

Seyfarth Synopsis: In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable Care Act does not prohibit discrimination on the basis of gender identity. In response to President Trump’s directives under an Executive Order that focused on gender-affirming health care to minors (EO 14187), which we…

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case | Gadgets, Gigabytes & Goodwill Blog Skip to content

A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between the parties and violated the Massachusetts Dealer’s Bill of Rights, Mass. Gen. Laws c. 93B.  The decision affirms the right of manufacturers to control the manner in which their trademarks are used in online advertising and marketing and…

Sebastian Pichler, Unsplash On March 7, 2025, lawyers for the Federal Trade Commission (FTC) filed motions requesting a 120-day stay of the agency’s appeal of district court decisions in the Fifth Circuit and Eleventh Circuit, which had blocked the FTC’s proposed ban on non-competes (the “Rule”) in the Ryan v. FTC and Properties of the Villages (“POV”) v. FTC cases, respectively. The nearly-identical filings cite the change in presidential administrations…

Towfiqu barbhuiya, Unsplash The construction industry’s reliance on digital data and devices has reshaped the construction process. When used properly, digital technology facilitates collaboration and increases productivity. However, growing dependence on digital innovation has also rendered construction companies a prime target for cybercriminals. The stark, inescapable reality is that the construction industry has been experiencing an alarming increase in cyber attacks over the last five years. Construction companies should mitigate the…

By: Ridhima Bhalla, Andrew L. Scroggins, and Christopher J. DeGroff In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent the creation of hostile work environments for Jewish employees. This emphasis follows other directives from the new administration. On February 3, 2025, President Trump issued Executive Order…

By Minh N. Vu, Kristina Launey, and Susan Ryan Seyfarth Synopsis: The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024. When we first started tracking ADA Title III lawsuits in 2013, the total for the year was only 2,722.  The number climbed steadily to an all-time high of 11,452 in 2021, and then fell to 8,694 in 2022. …

On February 26, 2025, President Trump issued Executive Order 14222 entitled, “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative” (hereinafter, the “E.O.”), as well as an accompanying fact sheet describing the E.O.’s goals. The E.O.’s stated purpose is to spur “transformation in Federal spending on contracts, grants, and loans” by encouraging transparency and ensuring accountability to the American public. To do so, the E.O. requires agencies to review…

The Washington Supreme Court recently entertained oral arguments in Branson v. Washington Fine Wines on the following certified question from the W.D. Washington regarding the Equal Pay and Opportunities Act (“EPOA”): What must a Plaintiff prove to be deemed a “job applicant” within the meaning of RCW 49.58.110(4)? For example, must they prove that they are a “bona fide” applicant? Plaintiffs-Appellants Lisa Branson and Cherie Burke argued that the term…

FlyD, Unsplash Wednesday, March 12, 20253:00 p.m. to 3:30 p.m. Eastern2:00 p.m. to 2:30 p.m. Central1:00 p.m. to 1:30 p.m. Mountain12:00 p.m. to 12:30 p.m. Pacific Register Here About the Program Join us for an informative program that offers valuable insights into the evolving landscape of privacy law in Illinois. The panelists will cover the latest developments in the Biometric Information Privacy Act (BIPA) and the Genetic Information Privacy Act…

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration. In this year’s Outlook, as we reach our fifth year of publication, we address anticipated developments in commercial litigation against the backdrop of the sea changes expected on multiple fronts with the…

Seyfarth Synopsis: The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by failing to commence arbitration. The fact that the employer was the only party that “wanted” arbitration was irrelevant. The arbitration agreement required the plaintiffs to initiate arbitration, which they failed to do. Michelle Arzate, et al. v. ACE…

Seyfarth Synopsis: On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of  the January 2025 executive orders targeting DEI programs. The nationwide injunction blocks the federal government from requiring federal contractors and grantees to certify they do not operate DEI programs that violate federal anti-discrimination laws, and from bringing enforcement actions, including False Claims Act claims, premised on…

Overview President Trump’s February 10th Executive Order (EO) titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” has introduced significant uncertainty into FCPA enforcement. Despite this companies should remain committed to their compliance efforts and consider whether this is an appropriate time to amplify to staff and stakeholders their corporate expectations. Maintaining and promoting robust Code and ABC programs, monitoring regulatory priorities in domestic and international…

NEW YORK – February 19, 2025 – Seyfarth Shaw LLP, a pioneer in legal innovation for over two decades, announces the creation of two key leadership roles that reinforce the firm’s longstanding commitment to technology, AI, data-driven insights, and design strategy. Byong Kim will be the firm’s first Chief Data & AI Officer (CDAIO), and Zeynep Ersin will be the first Chief Innovation & Strategic Design Officer (CISDO). In the…

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for selling commercial products and commercial services to the federal government. While legislative reforms have simplified the process of selling commercial products and commercial services to government agencies, federal contracts still present unique requirements and risks. These tips are designed to help contractors effectively and efficiently navigate the regulatory…

Denys Nevozhai, Unsplash 2025 Trade Secrets Webinar Series REGISTER HERE Thursday, February 27, 20251:00 p.m. to 2:00 p.m. Eastern12:00 p.m. to 1:00 p.m. Central11:00 a.m. to 12:00 p.m. Mountain10:00 a.m. to 11:00 a.m. Pacific About the Program Restrictive covenants continue to face evolving legal challenges and heightened regulatory scrutiny. With shifting state and federal laws, businesses must carefully craft non-competes, non-solicits, and even NDAs to remain enforceable while effectively protecting…

In a decisive shift from the prior administration’s energy policies, President Trump has enacted a series of executive orders aimed at bolstering domestic fossil fuel production and overhauling the permitting process for energy projects. These actions underscore the administration’s commitment to achieving energy independence, expediting infrastructure development, and reinforcing the U.S. oil and gas sector’s competitive position. Emergency Powers in Action On January 20, 2025, President Trump declared a national…

By: Dawn Lurie, Mia Batista, and Fanny Wong On January 20, 2025, the Trump administration issued the Securing Our Borders executive order, citing national security, crime prevention, and the protection of American interests as justification for terminating categorical parole programs for certain Cubans, Haitians, Nicaraguans, and Venezuelans. Then on February 1, 2025, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Venezuela’s 2023 designation. …

What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v. Terphogz, LLC U.S. District Court for the Northern District of Illinois, Case: 1:21-cv-02357.  In 2021, Wm. Wrigley Jr. Company (“Wrigley”) filed a lawsuit against Terphogz, LLC (“Terphogz”), alleging trademark infringement.  Terphogz had been using the ZKITTLEZ…

California Employers, Watch For Sharp Turns Ahead If you operate a business in California, you know how difficult it is to keep up with ever-changing legal trends. California employers should review and refresh their workplace postings each year to keep up with legislative changes and annual minimum wage increases. Various California state agencies, including the Department of Industrial Relations (“DIR”), Civil Rights Department, Cal/OSHA, and local municipalities require employers to…

If you have been following immigration news and are wondering how changes in Washington might affect your workforce, you are not alone. Senate Joint Resolution 8 (S.J. Res. 8) in the 119th Congress aims to undo a USCIS regulation that grants certain eligible applicants a 540-day automatic extension of their Employment Authorization Document (EAD). The 540- day EAD extension will continue to be in effect until the resolution is finalized…

We’re Definitely Watching: Viral Women’s Sports Phrase Gets Trademark Registration | Gadgets, Gigabytes & Goodwill Blog Skip to content

By: Peace Ibe and Mia Batista In a significant policy update, U.S. Citizenship and Immigration Services (USCIS) has officially waived the COVID-19 vaccination requirement for individuals applying for Adjustment of Status (AOS). Effective January 22, 2024, USCIS will no longer require applicants to receive the COVID-19 vaccine as part of the medical examination process conducted by designated civil surgeons. This decision aligns with the Centers for Disease Control and Prevention’s…

Seyfarth Achieves Top Honors in WIPR’s 2024 National Patents and Trademarks Rankings | Gadgets, Gigabytes & Goodwill Blog Skip to content

On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year 2025 (FY 2025 NDAA) (P.L. 118-159) was signed into law. Among its numerous provisions, the FY 2025 NDAA revitalizes an existing but underutilized fraud enforcement mechanism: the Administrative False Claims Act (AFCA). This act, previously known as the Program Fraud Civil Remedies Act of 1986, offers a streamlined administrative remedy for…

THREE PEAT: Why Pat Riley’s Trademark Portfolio Makes Him a Chiefs Fan for the Super Bowl | Gadgets, Gigabytes & Goodwill Blog Skip to content

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips to help government contractors recognize and prevent the unlawful influence of government actions. Contractors working in the federal marketplace face unique challenges, from avoiding improper gifts to ensuring compliance with lobbying restrictions. Missteps can lead to severe legal and reputational consequences. These tips, drawn from our book, provide actionable…

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2024 inflation adjustments, which increase the penalties. Under the rule, the new maximum OSHA civil penalties for 2025 will be increased by 2.6%:…

On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that exceed this $126.4 million threshold may need to be reported to the FTC and U.S. Department of Justice (DOJ) depending on the size of the parties to the transaction as measured by the volume of their sales…

Mind the Gap: EEOC Report Warns of Substantial Gender Pay Gap for Federal Employees, Exacerbated by Age. | Workplace Class Action Blog Skip to content

OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical data in vehicles that utilize telematics systems.  In Massachusetts, a constitutional challenge that has been pending in federal court for over four years without a decision may finally be inching toward resolution after the case…

As Wildfires Rage in Los Angeles, Employers Must Comply with Cal/OSHA’s Wildfire Smoke Rules | Workplace Safety and Environmental Law Alert Blog Skip to content

The ownership, use, and monetization of produced water have rapidly transformed what was once a liability into a valuable asset, creating significant legal and economic uncertainty for operators and landowners alike. With advancements in water recycling technologies and operators discovering new revenue opportunities from produced water byproducts, disputes surrounding produced water are intensifying. This article examines the multifaceted legal and economic issues surrounding produced water, including legislative developments, ongoing litigation,…

Seyfarth Synopsis: The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though (in most instances) those forms do not contain employee compensation data. As we reported previously, Massachusetts recently passed new legislation that imposes pay transparency requirements on most employers and creates a regime –…

By: Dawn Lurie, Mahsa Aliaskari, and Brooke Gary Along with the New Year, January 1st also marks the implementation of a new Visa Bulletin by the U.S. Department of State. Each month, the United States Immigration and Citizenship Services (USCIS) chooses whether it will follow the Dates for Filing Visa Applications chart or the Application Final Action Dates chart to determine when an employment-based and family-sponsored Adjustment of Status (AOS)…

The year 2024 brought about notable changes in employment law in Hong Kong. This article provides a brief overview of the key developments that occurred over the past year and a look forward at the expected changes as we transition into 2025. For the full version of this article, please click here. 24 January: District Court reaffirms unauthorised absence as a ground for summary dismissal. Click here to read more.…