For years, courts have dismissed employment discrimination claims where employees cannot show alleged discrimination caused a “serious,” “significant,” or “substantial” change in the “terms and conditions” of their employment.
The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Service recently updated its Bulletin on HIPAA Covered Entities’ obligations when using online tracking technologies, revising guidance published in December 2022.
Employers, even those currently without a union representing a segment of the workforce, should seriously consider implementing labor relations training for managers and supervisors to mitigate against the growing risk of unionization that’s spreading around the country.
The decision may create opportunities for industry to secure more favorable rulings in regulatory battles but will also create regulatory uncertainty.
For many civil practitioners, the world of criminal law can be strange and intimidating. Different rules, different issues, different clients, different stakes. But even for litigators with an entirely civil practice, criminal law issues can and do arise.
Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents. IT message boards have expressed outrage, mostly at the Patent Office, for granting protections on this “familiar” technology. Others see a David-and-Goliath story, with “tiny” Taiwanese ASUS against “giant” Chinese aggressor Lenovo. As usual, the truth is more subtle and mysterious.
A bipartisan group of legislators recently introduced H.R. 5761, the “Opportunity Zones Transparency, Extension and Improvement Act.” Read more regarding this potential tax benefit.
On October 31, 2023, the U.S. Fifth Circuit Court of Appeals (the “Fifth Circuit”) held in Chamber of Commerce of the USA v. SEC, that when the SEC adopted the Share Repurchase Disclosure Modernization rule (the “Repurchase Rule”), the “SEC acted arbitrarily and capriciously, in violation of the APA, when it failed to respond to the petitioners’ comments and failed to conduct a proper cost-benefit analysis.”
