Federal Law News

Universal Shareholder Demand Futility Test

Exculpatory Charter Provisions Provide Corporate Directors Greater Protection Against Derivative Suits Under Delaware's New "Universal" Test for Shareholder Demand Futility

Paul J. Walsen & Molly K. McGinley

The Supreme Court of Delaware recently adopted a new three-part “universal” test to determine whether pre-suit demand upon a company’s board should be excused as futile. The new test, endorsed by the Court in United Food...

COVID-19 Business interruption claims denied for closure orders

Ninth Circuit Decisions Reject Coverage for COVID Orders, Leaving Door Open for Cases Presenting Damage Claims

Scott P. DeVries & Yosef Itkin

Court dockets, both in the state and federal court systems, have seen a massive influx of COVID-19 business interruption insurance cases since the pandemic began in March of 2020. More recently, cases have been moving more...

EPA Phenol Isopropylated Phosphate Compliance

OIRA Completes Review of Proposed Rule Concerning Further Compliance Date Extension for PIP (3:1)

Lynn L. Bergeson & Carla N. Hutton

On October 7, 2021, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) completed its review of a proposed rule on “Regulation of Persistent, Bioaccumulative, and Toxic Chemicals...

FLSA Fifth Circuit Employer Employee Compensation Helix Energy Texas Louisiana Mississippi

New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

Andrew W. Bell & Anne R. Yuengert

Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do...

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No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

Jessica Delacenserie

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

K. Russell LaMotte & Aron H. Schnur

The U.S. Environmental Protection Agency (EPA) published a ...

FDA Hosts Summit on E-Commerce and Food Safety

Food and Drug Law at Keller and Heckman

As previously reported, FDA ...

Induced Infringement Finding May Support Willfulness Finding

Yoshiko Ito

In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate a jury’s willful infringement verdict and enhanced damages award but affirmed...

State Law News

NYC vs Robert Lopez for His Cannabis-Themed Marks

David H. Siegel

The tide of cannabis legalization continues to sweep across the country, with both New Jersey and New York legalizing adult recreational use and starting to set up the regulatory and licensing systems to allow legal cannabis...

California Bill Clarifies Timing for CPRA Rulemaking Authority

Julia K. Kadish & Harrison Schafer

California recently passed AB 694, which makes a few “technical” changes to the California...

Mississippi telehealth provider regulations

Mississippi Issues Minimum Standards of Operation for the Practice of Telemedicine

Kathryn H. Hester

The Mississippi State Department of Health has issued “Minimum Standards of Operation Relative to the Practice of Telemedicine,” new regulations governing the provision of medical and other health services via telehealth. The...