Seyfarth Shaw LLP

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…

(August 14, 2024) - 220 individual Seyfarth attorneys were selected by their peers as leaders in their fields, covering 46 different practice areas, in the 2025 edition of The Best Lawyers in America. Lawyers from all 13 of Seyfarth’s US offices were honored. Two Seyfarth lawyers (William B. Hill, Jr. and Richard Morvillo) were each recognized in five separate practice areas. Three other attorneys (Jeffrey Berman, Douglas Mancino, and Gregory…

Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding the full scope of systemic problems. These are all valid concerns. However, the part that often gets overlooked when discussing the use of NDAs is that there are good reasons why NDAs are commonly used. It is important to recognise…

In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor’s degree in the specific specialty, or its equivalent. These specialty occupations span a wide range of industries. Why a Second Lottery? The second…

Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns arising from recent legal interpretations of the Illinois Biometric Information Privacy Act (“BIPA,” 740 ILCS 14/ et seq.), particularly following the Illinois Supreme Court’s 2023 decision in Cothron v. White Castle System Inc., in which the Court…

It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate involvement of labor unions in the state’s emerging cannabis industry, through implementation of a Labor Peace Agreement (“LPA”) requirement. Because this fundamental choice by the state has posed headaches and dilemmas for licensees, cannabis…

In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC) will be phased out, and that as of January 1, 2025, they will no longer be in circulation. To address some concerns for employees and our clients, we have created the following Fact Sheet: All UK BRP/BRC cards have an expiration date of December 31,…

This year’s Olympic Games have already been packed with compelling storylines.  These storylines include the somewhat controversial opening ceremony to Yusuf “hold my beer” Dikec winning hearts and the silver medal in pistol shooting, and Simone Biles clinching her tenth gold medal (with more possibly on the way).  Adding to the Olympic headlines, on August 4, USA’s Noah Lyles added to the Olympic headlines by edging past Kishane Thompson, from…

Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach v. California Commerce Club, Inc. The Facts In 2018, following his termination, Peter Quach sued his former employer, California…

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 Mobility Team in advance of any international travel. Canada –  Express Entry and…

The Corporate Transparency Act (CTA) took effect on January 1, 2024 and some U.S. nonprofits and tax-exempt organizations are still debating how the CTA applies to them. This article provides newly-formed and existing nonprofits and tax-exempt organizations with a general overview of their CTA compliance obligations and exemptions. For information about the CTA compliance obligations and exemptions applicable to subsidiaries of tax-exempt organizations, please see Part 2: CTA Compliance for…

Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O’Keefe and Gena B. Usenheimer, the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance. Follow us on:               Into the Breach Podcast - Episode 34: New Opportunities in…

Wednesday, August 7, 202412:00 p.m. to 1:00 p.m. EDT11:00 a.m. to 12:00 p.m. CDT10:00 a.m. to 11:00 a.m. MDT9:00 a.m. to 10:00 a.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. Our first roundtable covered the risks and benefits of generative AI, the…

On June 27, 2024, the Office of Federal Procurement Policy’s  Cost Accounting Standards (CAS) Board issued an advanced notice of proposed rulemaking (ANPRM) seeking public comments on proposed changes to the Cost Accounting Standards (CAS) on conformance to Generally Accepted Accounting Principles (GAAP) related to CAS 408 (Accounting for costs of compensated personal absence) and CAS 409 (Cost accounting standard depreciation of tangible capital assets). The CAS Board has provisionally…

Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant contributions to discussions on artificial intelligence in employment, establishing him as a leading authority on the subject. His departure leaves the EEOC with a 3-1 Democratic majority, and so it does not alter the Commission’s current political balance.…

Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded as work product. The magistrate judge’s ruling is the latest in a series of setbacks…

About the Program: The first installment of this series will focus on key developments in labor management relations and address the following topics: What unions are prioritizing at the bargaining table and how recent contract settlements impacted industry standards 2023’s wave of high-profile strikes and what they signal for the industry in 2024 and beyond The impact of the Cemex decision on union organizing in these industries, and the practical…

A recent decision of the Illinois Motor Vehicle Board (the “Board”) reinforces why auto manufacturers need to ensure they have a proactive process in place to address the timely renewal of expiring dealer agreements. Based on the Board's recent decision, OEMs cannot and should not assume that the terms of an expired dealer agreement remain enforceable, particularly when the issue is being decided by a dealer board, as one OEM…

In a rapid-fire response, the Ryan Court in the Northern District of Texas this morning denied Plaintiff and Plaintiff-Intervenors’ Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, and Plaintiff and Plaintiff-Intervenors’ Motion for Expedited Consideration of their Motion for Limited Reconsideration of the Scope of Preliminary Relief (for more on these motions, see here). In a three-sentence Order, the Court provided no explanation except that Plaintiff and…

Commentary:  The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the  ruling itself is not likely one that anyone expected.    On the one hand, the Court enjoined the FTC Rule, holding that “the text, structure, and history of the FTC Act reveal that…

About the Program: Much has happened in the ten years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and Class Litigation treatise. We are excited to continue our informative webinar series to discuss—in bite-sized increments—the past decade’s most important changes to the federal and state employee pay litigation landscape. The final installment of our “Time Well Spent” webinar series will focus on…

This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable twist of technology, drone light shows are offering a breathtaking alternative. Imagine a fleet of hundreds, even thousands, of drones, each equipped with vibrant LEDs, dancing in perfect harmony. They swoop, swirl,…

In honor of Independence Day, we're revisiting our discussion with Cindy Cohn, executive director at the Electronic Frontier Foundation (EFF). For many years, Cindy has been a champion for civil liberties in the digital space. In our conversation, she spoke about the EFF's history and mission, as well as the human rights issues she focuses on today. We hope you enjoy the holiday this week. We will return next week…

On May 17, 2024, the District of Columbia Office of Tax and Revenue (OTR) published a notice summarizing the District of Columbia’s current policy regarding the recordation and transfer tax treatment of an assignment of a lease, including a ground lease, with a term of at least 30 years (including renewals). This is the first official statement by OTR regarding the taxation of assignments of long-term leases, including ground leases.…

To bring Hong Kong’s Foreign-Sourced Income Exemption (FSIE) regime in line with the European Union’s updated guidance on FSIE regimes promulgated in December 2022, the Inland Revenue (Amendment) (Taxation on Foreign-sourced Disposal Gains) Ordinance 2023 was enacted on 8 December 2023 to refine Hong Kong’s FSIE regime with effect from 1 January 2024, under which, subject to certain carve-outs and reliefs, the scope of assets in relation to foreign-sourced disposal…

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have numerous provisions that benefit California employers, including imposing more restrictive standing requirements for plaintiffs, codifying the need for manageability of PAGA claims, and reforming the penalty structure, along with several other changes detailed below. On…

Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024.  The New Company Law consists of 15 chapters and 260 articles, with substantial additions and modifications of around 70 articles compared to the current Company Law, which comprises 13 chapters and 218 articles. The main revisions are categorized into: (1)…

Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for auto manufacturers, most recently in Maine, where state legislators failed in their effort to amend that state’s right to repair statute in response to a popular ballot referendum passed in November 2023 intended to address the incorporation of telematics into…

Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program, evaluate certain jobs for ergonomic injury risks, correct risk factors, and provide injury reduction training. Background: New York State’s Commitment to Warehouse Worker Protection In 2022, New York State passed the Warehouse Worker Protection Act (2022 WWPA). The 2022 WWPA requires…

Seyfarth Synopsis: Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include; however, the language of the proposed bill is expected in the coming days. Yesterday, Governor Newsom announced that legislative leaders and business and labor group had reached an agreement on reforms to PAGA.…

Seyfarth Synopsis: Are you ready for it? The record-smashing icon, Taylor Swift, may have taken her tour to Europe, but that doesn’t stop new laws from cropping up back home. The Los Angeles County Board of Supervisors passed the Fair Work Week Ordinance on April 9, 2024, which is set to go into effect on July 1, 2025, for retail employers located in the unincorporated areas of Los Angeles County.…

By Kristina M. Launey & Minh N. Vu Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.  After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%.  The total number of lawsuits filed in federal court alleging that plaintiffs with a disability could not use websites because they were not designed to be accessible and/or…

About the Program Join us for the third installment of our DEI Webinar Series: "Developments and Strategies in the Current Landscape of DEI Programs." During this third installment, Seyfarth attorneys explore common DEI programs and practices, including the effects of recent cases and developments. The webinar examines the structure and logistics of these programs, as well as common challenges to implementation. Our experienced panel will analyze different types of DEI…

About the Program: Italy, Spain and France have seen many changes in the employment law landscape within the last year. Seyfarth’s Italy, Spain and France qualified international employment law experts, Sofia Bargellini, Ana Cid and Laurence Harvey Wood, look forward to sharing some recent developments in their upcoming 45 minute webinar. These international employment law specialists will give an overview of hot topics and upcoming regulations within Europe. Topics will…