Brulotte Rule on Post-Expiration Patent Royalties Is Question of Law: Ninth Circuit

In C.R. Bard, Inc. v. Atrium Medical Corp., in a per curiam opinion, the US Court of Appeals for the Ninth Circuit reversed the decision of the US District Court for the... Read more »

CFTC Issues Final Rule Amending Regulation 4.7 for CPOs and CTAs

The CFTC issued a final rule amending CFTC Regulation 4.7, which sets out compliance requirements for commodity pool operators (CPOs) with respect to commodity pool offerings to qualified eligible persons (QEPs) and... Read more »

USPTO Issues Final Rule for Motions to Amend Procedures in AIA Trials

The US Patent and Trademark Office (USPTO) issued its final rule for motions to amend procedures in Patent Trial and Appeal Board (PTAB) trial proceedings under the Leahy-Smith America Invents Act (AIA).... Read more »
What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right... Read more »
OSHA Walkaround Rule Gets OIRA Final Approval

OSHA Walkaround Rule Gets OIRA Final Approval

A yearslong saga seems to be coming to an end now that the Office of Information and Regulatory Affairs (OIRA) has completed its review of the Occupational Safety and Health Administration’s (OSHA)... Read more »
Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it... Read more »
5th Circuit Temporarily Blocks New SEC Climate Disclosure Rule

5th Circuit Temporarily Blocks New SEC Climate Disclosure Rule

Today, the Fifth Circuit Court of Appeals issued an administrative stay of the SEC’s recent climate disclosure rule, which was issued last Wednesday, March 6, 2024. The unpublished order by a three... Read more »
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule

Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it... Read more »
SEC Issues Final Rule on Climate Disclosures for Investors

SEC Issues Final Rule on Climate Disclosures for Investors

The Securities & Exchange Commission (“SEC”) issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure Rule”), on March 6, 2024. This... Read more »
Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

A U.S. district court ruled that the NLRB’s 2023 joint employment regulations—which provided that indirect or reserved control, even if never exercised, could be sufficient to establish joint employment—was defined overbroadly. The... Read more »
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