Member Blog Posts

    Blog: BuildSmart

    It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules

    Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements related to heat stress. OSHA reports that between 1986 and 2023 it has issued at least 348 hazardous heat-related citations...Continue Reading

    Blog: NY Patent Decisions Blog

    Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware

    Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States District Court for the District of Delaware.  Slip Op. at 1. The “original complaint in th[e] action took the form of [...]

    Blog: Labor & Employment Law Blog

    Federal Court Blocks FTC Rule Banning Employee Non-Competes

    Yesterday, a federal court in Texas issued a nationwide injunction preventing the Federal Trade Commission’s rule banning nearly all employee non-compete agreements from taking effect on September 4, 2024. The case, Ryan LLC et al. v. Federal Trade Commission, Case No. 3:24-cv-00986 (N.D. Tex.), was brought by a Texas tax preparation company and the U.S.... Continue Reading

    Blog: Antitrust Update

    Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

    On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end.  Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in anticompetitive conduct to secure exclusivity for its own name brand Advantage and Advantix products in the market for topical [...]

    Blog: NextGen Financial Services Report

    A Lively Supreme Court Argument on the Constitutionality of CFPB Funding: Ruling Not Expected for Several Months

    On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading

    Blog: Declassified

    Circuit Split on Incentive Payments to Class Representatives Deepens

    Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive... Continue Reading

dots