Seyfarth Shaw LLP

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.…

Seyfarth Synopsis:  Since September 2023, there have been at least 25 lawsuits filed claiming the ability to choose between using 401(k) forfeitures to reduce plan expenses or the plan sponsor’s contributions is a fiduciary choice, and that choosing to reduce the plan sponsor’s contributions constitutes a violation of ERISA’s fiduciary duties.  In the latest decision in connection with a defendant’s motion to dismiss such a 401(k) plan forfeiture claim, in…

Seyfarth Synopsis: The 2028 Los Angeles Olympics is already bringing change to the city. On December 11, 2024, the Los Angeles City Council voted 12-3 to approve a draft ordinance to amend the Living Wage Ordinance and the Hotel Worker Minimum Wage Ordinance in 2025.  If the City Council approves of the City Attorney’s draft ordinance, the proposed wage increases will make a splash across the tourism industry leading up…

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with U.S. immigration regulations. To avoid potential fines, penalties, or jeopardizing the status and work authorization of H-1B employees, it is critical to prepare for heightened scrutiny. This is especially important considering the new rule published on December 18,…

Seattle continues to expand protections for app-based workers (sometimes referred to as “gig workers”) working within the City of Seattle with its new App-Based Worker Deactivation Rights Ordinance.  Overview of the New Ordinance Effective January 1, 2025, the City of Seattle’s “Ordinance relating to app-based worker labor standards; establishing labor standards on deactivation protections for app-based workers working in Seattle” (Ordinance 126878) (the “Ordinance”) takes effect. The Ordinance requires network…

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order temporarily staying the nationwide preliminary injunction previously granted in Texas Top Cop Shop, Inc., et al. v. Garland, et al. While the Fifth Circuit’s temporary stay is not the final word on the fate of the Corporate Transparency Act (CTA), the court determined that, among other things, the statute is likely constitutional on its…

By: Taylor Iaculla, Yoon-Woo Nam, and Andrew L. Scroggins Seyfarth Synopsis: On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet describes some of the technologies employees may be fitted with, the types of information that may be tracked –from smart watches that can monitor physical activity, to GPS…

Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in the environmental sector, including budget cuts and staff reductions at USEPA, and the rollback of key policies from the Obama administration. In his second term we expect further slashes in EPA staffing we sell as additional jurisdictional changes such as…

On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around Bloomington, Illinois, for alleged unfair and deceptive acts and practices in connection with the sale of motor vehicles in violation of Section 5 of the FTC Act and Illinois state law. The FTC reported that the $20 million…

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees. Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint before the FTC, claiming that the use of no-hire agreements…

An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases. During a shutdown, all but “essential” personnel are furloughed and not allowed to work. This overview outlines how key immigration-related agencies are expected to operate during…

The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from telematics-equipped vehicles.  Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that “use a telematics system” to comply with standards imposed by an “independent entity” designated by the Attorney General will take effect…

The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in employment law systems and has generated much controversy. Notwithstanding this, many global companies seek to support and promote the interests of women regardless of their gender identity or expression. This commitment aligns with the broader international trend of…

The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13, 2025. Background on the History of Automatic EAD Extensions The automatic extension of EADs was first introduced in 2016 to address extended processing times, which led to gaps in employment. Prior to the automatic extension, an…

By: Andrea Davis The U.S. Department of State announced a significant update to the Exchange Visitor Skills List, effective as of December 9, 2024.  This action is in response to an Executive Order issued last year, in which the Biden Administration gave instructions to “consider initiating a rulemaking to establish new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to…

We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got plenty of music to digest in the meantime. To my surprise, several of the new bands I’ve discovered do not have federal trademark registrations. No — I won’t be naming names. Okay,…

By: Erin Dougherty Foley, Sara Eber Fowler, Taylor Iaculla, Ridhima Bhalla, and Hannah Sosenko Seyfarth Synopsis: On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of workers’ rights and addressing issues of employment discrimination, harassment, retaliation, and freedom of speech. Illinois Human Rights Act Amendments Period…

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes | Management Writes: Practical Labor Law Updates Skip to content

Seyfarth Synopsis: Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against related defendant-companies that are closely tied to the arbitration agreement cannot not be separated for litigation. Edgar Gonzalez v. Nowhere Beverly Hills LLC, B328959. The Facts Edgar Gonzalez worked at a grocery store (Erewhon) operated…

What You Need to Know: As we previously reported, earlier this year a new paid prenatal personal leave entitlement was added to Section 196-b of the New York Labor Law, i.e., the New York State Paid Sick Leave Law. Beginning January 1, 2025, employers must provide at least 20 hours of paid prenatal personal leave (“PPPL”) during any 52 week calendar period, in addition to the existing statutory paid sick…

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and other transfers now may allow you to leverage your exclusions and exemptions, freeze the current prices of assets and pass on future appreciation to the next generation. How can you take advantage? The…

A Vegetarian’s Thanksgiving: How a Patent and a Restriction Requirement Highlight Inclusivity | Gadgets, Gigabytes & Goodwill Blog Skip to content

The re-election of Donald Trump has renewed focus on policies prioritizing American interests. The “America First” agenda is expected to impact the logistics industry, both domestically and globally. As the new administration transitions in January 2025, stakeholders must assess the potential ramifications of these policies. By examining anticipated changes in energy, trade, and regulatory policies—and their effects on global trade dynamics—industry participants can better understand the future landscape for logistics…