Tips from Seyfarth: Opinion Update - Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule | Wage & Hour Litigation Blog Skip to content
HOUSTON - (October 30, 2024) - Seyfarth Shaw LLP has strengthened its nationally recognized Corporate department with the addition of a three-lawyer team to its Houston office. Partner Chris Cottrell, along with associates Michael Szymanski and Xiaoming Gao, have joined Seyfarth to launch the Energy Transactions practice. The team is well-regarded for its extensive experience in the oil and gas industry and its ability to craft innovative, practical legal solutions…
This week, we're joined by Nicole Clark, founder and CEO of Trellis, a state trial court research and analytics platform. For several years, Nicole was an attorney in private practice, handling business litigation and labor and employment matters. The idea for Trellis came from her experience doing research for complicated summary judgement motions. Nicole worked with software developers on an early version of the tool, collecting state trial court data…
The Washington State Department of Labor and Industries has announced the state minimum wage for 2025. In Washington, the state minimum wage is calculated annually (and generally increases) based on inflation. Effective January 1, 2025, Washington’s state minimum wage will increase to $16.66 per hour, which is a 2.35% increase over 2024. Notably, Washington cities can set minimum wages that exceed the state minimum, and many cities do: City 2025…
Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now | Seyfarth Shaw | Trading Secrets Skip to content
Scott Graham, Unsplash In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law had developed around the remedies available to a plaintiff after a defendant allegedly…
On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amended Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1829 (FDIA), to reduce hiring barriers across the financial services sector. As a result of this “Fair Hiring in Banking Act,” the category of crimes for which a financial institution can outright reject a…
What You Need to Know: Governor Newsom recently signed new laws – SB 1105 and AB 2499 – which extend and clarify employees’ available reasons for use of California paid sick leave (PSL). The changes go into effect on January 1, 2025. As we previously detailed, at the end of California’s 2023 legislative session, the legislature significantly expanded the state’s Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), primarily by…
Seyfarth Synopsis: Out with the old and in with the new. Governor Newsom recently signed new laws which extend and clarify employees’ available reasons for use of California paid sick leave. There are expanded unpaid leave protections for victims of domestic violence, sexual assault, stalking, or qualifying acts of violence, as well as for employees summoned to jury duty or responding to a subpoena or court order to testify under…
The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the program will end on December 14, 2024. Despite being extended numerous times since its launch in 2013, AFCP 2.0 has now run into fiscal hurdles. Earlier this year, the USPTO proposed a…
We are pleased to invite you to our upcoming webinar series, "Winning Combinations: Exploring Synergies with Government Contracts Law." This series of 30-minute webinars will explore the intersections between government contracts law and related Seyfarth practice areas, focusing on key topics such as cybersecurity, False Claims Act, white collar & investigations, FAR sustainability, mergers and acquisitions, software licensing, real estate, and more. Our team of experienced attorneys will share their insights…
Thursday, November 7, 20242:30 p.m. to 3:30 p.m. EDT1:30 p.m. to 2:30 p.m. CDT12:30 p.m. to 1:30 p.m. MDT11:30 a.m. to 12:30 p.m. PDT About the Program Seyfarth’s Pioneers and Pathfinders virtual roundtable series has tackled critical topics intended to help our clients navigate the implications of generative AI and natural language processing models in the legal industry. Next up in our series—Seyfarth is pleased to bring together an expert…
The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our blog post earlier this year - see Significant UK Labor Law Reforms on the Horizon). The key measures in the Employment Rights Bill are: Removing the two-year qualifying period for unfair dismissal protection (meaning…
By Romtin Parvaresh and Daniel C. Whang Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to limit the enforceability of arbitration agreements in cases alleging sexual assault and sexual harassment. Second Street Corp.…
On September 26, 2024, the Department of Defense (DOD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for Fiscal Years 2018, 2021, and 2022 that update requirements for contractors to submit cost or pricing data. This proposed rule looks to create uniformity for the Truth In Negotiations Act (TINA) threshold for submission of certified cost…
The Global Immigration and Mobility Team launched its first podcast, as part of a collaborative cross-practice series, airing on Seyfarth’s Health Care Beat. In this episode, our Seyfarth team had a fireside chat with Fred Chereau, Senior Vice President of Strategy and Business Development at Alexion Pharmaceuticals, to discuss Fred’s career trajectory and how business immigration programs have impacted his success and can help companies to attract top talent. Tune…
Image of computer and coffee mug By: John W. Egan and Minh N. Vu Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court. The Chief Judge Laura Taylor Swain of the…
On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting Frequently Asked Questions (FAQs) that Seyfarth's CTA Task Force has covered in the past. Key updates include clarifications on who can access and submit BOI, the use of third-party service providers, exemptions for certain entities, the creation and conversion of…
The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement authority “to ensure cyber-secure access to motor vehicle-generated data to owners and owner authorized independent repair facilities for maintenance, diagnostic and repair purposes.” The announcement follows an April 16, 2024 resolve by the Maine Legislature directing the Maine Attorney…
Tuesday, October 8, 20243:00 p.m. to 4:00 p.m. Eastern2:00 p.m. to 3:00 p.m. Central1:00 p.m. to 2:00 p.m. Mountain12:00 p.m. to 1:00 p.m. Pacific About the Program While the ERISA legal landscape changes constantly, one thing is certain - California remains a harbinger of litigation trends soon to spread nationwide. From the statutes and laws under which ERISA cases are brought to novel venue shopping tactics, employers across the US…
As part of its annual exercise, the Massachusetts Department of Family and Medical Leave (DFML) announced an increase to the maximum weekly Massachusetts Paid Family Medical Leave (PFML) benefit, effective January 1, 2025, while contribution rates from employers and employees that fund the public program will remain the same. Additionally, on an issue of first impression, the Massachusetts Supreme Judicial Court (SJC) recently held that an employer does not need…
On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the “reasonable” time allowances contained in third-party labor time guides “reasonably utilized” by dealers for customer-pay repairs. In so doing, New York is the second state to adopt such a statutory provision this year and joins…
Seyfarth Synopsis: Minnesota joins the growing number of states to adopt statewide legislation requiring employers to disclose starting salary ranges and other forms of compensation and benefits in postings for open positions. The law becomes effective January 1, 2025 and applies to employers with 30 or more employees within the state. Beginning January 1, 2025, Minnesota employers are required to include the starting salary range and a general description of…
On 14 April 2024, the Stock Exchange of Hong Kong Limited published conclusions to its consultation on the enhancement of climate-related disclosures under its environmental, social, and governance (“ESG”) framework. With effect from 1 January 2025, a new set of rules mandating climate-related disclosures (the “New Requirements”) will be added to the Rules Governing the Listing of Securities on the Stock Exchange of Hong Kong Limited (the “Listing Rules”). The…
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner. Seyfarth’s Wage Hour Litigation Practice Group is excited to announce a new blog series, Wage and Hour Around the Corner, to help employers stay on the cutting edge of wage and…
Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling internationally. Please reach out to our Global Immigration & Mobility Team in advance of any international travel. Canada – Visitor-to-Work…
In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.” What stood out was the challenging nature of the role of those in the ER. The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated. Yes, compliance is a must, but meeting business objectives is also a must. ER is at the pointy end of…
After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The complaint alleges that the program is unlawful and will cause irreparable harm to the states that filed the complaint. On August 26, 2024, the U.S. District Court for the Eastern District of Texas administratively stayed DHS…
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner. Wage and Hour Around the Corner is a new blog series for employers, in-house lawyers, and HR, payroll, and compensation, that helps employers stay on the cutting edge of wage and…
Speakers – Kathleen McConnell, Gina Ferrari, and Vincent Smolczynski About the Program: Do you operate a website in California? Are you considering a cookies banner? Does your website terms compel arbitration? Then you need to know about the latest in California Privacy Litigation and Compliance. Join us for an insightful webinar on navigating the complexities of CIPA (California Invasion of Privacy Act) compliance, focusing on website and cookie banner requirements. Our expert…
In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP), Biometric Residence Cards (BRC) and any other legacy paper documents with ink stamp or visa vignette will be phased out, and that as of January 1, 2025, they will no longer be in circulation. How individuals with a UK visa will be impacted: Easier ability to prove right to work…
As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions. Whilst the move to ban non-competes in Australia has been inspired by the U.S. Fair Trade Commission vote to ban non-competes, on 20 August…
Presenters: Daniel Hart, Daniel Whang, and Sierra Chinn-Liu Navigating the complexities of trade secret enforcement often involves more than just traditional litigation. Join us for a compelling webinar in our 2024 Trade Secrets Webinar Series, where our panel of Seyfarth attorneys will delve into the strategic advantages of using alternative dispute resolution (ADR) mechanisms to protect and enforce your trade secrets. Key Discussion Points: The various ADR methods available for trade…
The administrative challenge brought by the National Automobile Dealers Association (NADA) and another trade association against the Combating Auto Retail Scams (“CARS”) Trade Regulation Rule, issued last year by the Federal Trade Commission (FTC), will be heard by the U.S. Court of Appeals for the Fifth Circuit on October 7, 2024. This case, together with the U.S. Chamber of Commerce-backed challenge to the FTC’s Non-Compete Rule, places the Fifth Circuit…
By Minh Vu, Kristina Launey and Susan Ryan Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.” ADA Title III filings have decreased each year since 2022. 2024 changes the narrative with an uptick in filings, albeit a small one. In 2021, we saw the highest mid-year total since we started…
By: Phillip J. Ebsworth and Brian B. Gillis Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers. The California Supreme Court overturned the Court of Appeal and prior appellate court decisions to conclude that the PAGA statute, legislative history, and public policy support the conclusion public entity employers are not subject to PAGA actions for civil penalties. In doing so, the Supreme Court…
On Thursday, August 15, 2024, the Federal Trade Commission (FTC) and Arizona Attorney General announced a $2.6 million settlement to resolve claims that Coulter Motor Company used deceptive online advertising to lure customers into its two Arizona dealerships; duped consumers into paying for unwanted “add-on” products; and engaged in discriminatory practices by charging Latino customers more in financing charges and for these “add-ons” than non-Latino white customers. The complaint, filed…
Beyond the 100 Mile Rule: Court of Appeal Affirms District Court’s Power to Compel Attendance of Distant Witnesses and Unveil Hidden Parties In Litigation | Consumer Class Defense Blog Skip to content
Yesterday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the plaintiff Properties of the Villages, Inc.’s (“POV”) motion to stay the effective date of the rule and preliminarily enjoin its enforcement. Due to the looming effective date, the court opted to deliver…
Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. The services must be provided for the benefit of someone other than the mark owner. But the Trademark Trial and Appeal Board (“TTAB”) ruled in…