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Hanson Bridgett LLP | June 2022

On June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), holding that California employers can compel employees to arbitrate their individual claims under California’s Private Attorneys General Act (PAGA). Plaintiff Moriana had signed an employment contract containing a mandatory agreement to arbitrate any dispute arising out of her employment with Viking ...

Dinsmore & Shohl LLP | June 2022

Dinsmore partner Michael Dailey was published in Bank Director with his article "Recent Developments to Combat Redlining." Read an excerpt below. Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency. Initial reactions to the initiative expected it to focus on the redlining seen in the Trustmark Corp ...

University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district court relied on the proper claim construction to arrive at its indefiniteness conclusion; and (2) whether UMass was entitled to jurisdictional discovery before the district court granted a motion to dismiss based on lack of personal jurisdiction ...

In 2019, the Oregon Legislature passed House Bill 2001, which was aimed at providing more affordable housing to Oregonians. To achieve that goal, HB 2001 made it easier to build denser housing in residential zones by requiring medium-size cities to allow duplexes on each lot or parcel zoned for residential use that allows single-family homes ...

Dinsmore & Shohl LLP | June 2022

Wednesday’s ruling by the U.S. Supreme Court in Viking River is expected to chill California’s cottage industry of representative wage-and-hour cases, which have long driven huge damages against employers. The decision offers California employers a significant opportunity to require employees to pursue these types of claims individually ...

The Second Circuit recently broadened the circumstances for when a public company should disclose government investigations. Bradley partner Elisha Kobre explains that companies will need to consider when reasonable investors would “want to know” about a probe, which is a higher standard than in earlier cases ...

Recently, leading officials in the Biden administration have taken steps to prevent employers from sharing their lawful views on collective bargaining in order to aid union efforts to organize more employees. These actions range from encouraging employers to refrain from discussing unions with employees, to seeking to prohibit any discussion about unions with employees while they are working ...

Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this Executive Order, the Equal Employment Opportunity Commission ("EEOC") released its "Equity Action Plan," which contains several items that may impact employers ...

How should an employer respond if an employee is experiencing relationship violence? What if the partner has threatened the employee at work? Employers must consider these situations because relationship violence in the workplace is more prevalent than it may seem ...

On March 18, 2022, the House of Representatives passed the Creating a Respectful and Open World for Natural Hair Act ("CROWN Act") of 2022. The purpose of this bill is to address the routine deprivation of educational and employment opportunities that people of color face for wearing their natural hair ...

Lavery Lawyers | June 2022

Québec has passed and enacted Bill 96, also known as An Act respecting French, the official and common language of Québec, a major reform to its Charter of the French Language ...

The COVID-19 pandemic and post-pandemic era saw an increase in the number of employees working from home. For employers, this raises questions of liability for injuries that occur while employees are working from home. Specifically, when does workers’ compensation coverage or deliberate intent coverage apply? A New York appellate court recently discussed the applicability of workers’ compensation coverage in a work-from-home scenario. Matter of Capraro v. Matrix Absence Mgt ...

Buchalter | June 2022

June 15, 2022 By: Tracy Warren and Yvonne Ricardo Finally, some good news for California employers involving California’s Private Attorney General Act of 2004 (“PAGA”). The U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Angie Moriana is a huge victory for employers with valid arbitration programs or who wish to implement valid arbitration programs to substantially limit exposure to statutory and civil penalties under PAGA. On June 15, 2022, the U.S ...

The pandemic generated a migration of employees from metro-based offices to smaller, more affordable communities where they could work from home. New complexities – mostly centered around pay scale – have arisen with this shift to remote work. Many companies have struggled to find equitable ways to compensate employees, and some employers have decided to pay them less ...

Lavery Lawyers | June 2022

In a judgement rendered on June 3, 2022,1 the Court of Appeal of Quebec reiterated that a judge who has an application for confinement in an institution before them must inform the parties when they consider that the psychiatric reports filed are insufficiently detailed. In these circumstances, the Court must allow the parties to remedy deficiencies in the evidence rather than dismissing the application. The Court of Appeal based its reasoning on the following articles: Article 268 of the C ...

Dinsmore & Shohl LLP | June 2022

In a class action lawsuit filed Monday in the United States District Court for the Northern District of California, Binance.US (Binance), a major cryptocurrency exchange, has been accused of misleading investors surrounding the Terra blockchain ecosystem. This is the first major court filing in the United States relating to Terra, whose UST and LUNC tokens crashed in May, wiping out around $40 billion in investor funds ...

While Oregon has enjoyed a relatively mild spring, summer is right around the corner—and with it comes the risks of extreme heat and wildfires. Although Oregon Occupational Safety and Health Administration (Oregon OSHA) previously issued guidance for employers to protect their employees from these risks, the agency recently adopted formal rules related to exposure to heat and wildfire smoke ...

Buchalter | June 2022

June 13, 2022 By: Melissa Richards On June 9, 2022, the California Department of Financial Protection and Innovation (CA DFPI) issued its long awaited final regulations implementing SB 1235’s (2018) new early disclosure requirements on  commercial financing offers equal to or less than $500,000. The CA DFPI regulations take effect December 9, 2022. The final regulations can be found at Title 10, Chapter 3 of the California Code of Regulations. The link to Chapter 3 is HERE ...

INTRODUCTION In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws, these devices are vulnerable to being hacked, and patients’ personal/protected health information ("PHI") stolen; or worse, the device being held hostage in a ransomware attack ...

Successfully navigating the Florida state court litigation system has become easier and less costly based on recent procedural and logistical developments. With more changes on the horizon, staying current on these developments is vital for anyone with a presence in the state court system. The COVID-19 pandemic brought extensive logistical changes to Florida courthouses ...

Hanson Bridgett LLP | June 2022

The U.S. EPA proposed a new rule under the Clean Water Act reversing the Trump Administration’s rule for water quality certifications under section 401 of the Act. Section 401 provides states and tribes with authority to protect waters within their jurisdiction from pollutant discharges originating from federally-licensed or -permitted projects ...

Dinsmore & Shohl LLP | June 2022

Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...

Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 2021-1834 (Fed. Cir. June 3, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a $7M compensatory damages award and, in doing so, dealt with questions of when a district court can correct errors in patent claims, whether a defendant can willfully infringe a patent that has been judicially corrected, when to exclude expert testimony, and when an issue has been preserved for appeal ...

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