October 11, 2021

Volume XI, Number 284

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October 11, 2021

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FEATURED ARTICLES

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NLRB GC Says College Athletes are Employees
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the... Read More >
Weekly IRS Roundup October 4 – October 8, 2021
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and... Read More >
Interview with  Marjorie Jenkin
Winstead Shareholder Corinne Smith speaks to Marjorie Jenkins, MD, M.Ed.H.P, F.A.C.P.,... Read More >
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Assembly Bill 237 health care for striking employees
Governor Newsom signed Assembly Bill 237 (AB 237), which prohibits California public... Read More >
Can Artificial Intelligences Create Patents?
Increasingly, companies are using artificial intelligence to invent new methods and... Read More >
G20 Global Tax Framework Endorsement
Talks between the United Kingdom (UK) and European Union (EU) continued this week toward... Read More >
ESG Governance and Corporate Values for Trade Organizations
If your company is like many, your board of directors may be demanding that you put more... Read More >
Green Chemistry and Engineering Conference
The American Chemical Society’s Green Chemistry Institute® (ACS GCI) is now accepting... Read More >
OCR Guidance on HIPAA Disclosure of Vaccination Status
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued... Read More >
Product Liability Update
The House passed two bills on June 23, 2021 aimed at protecting infants and children from... Read More >
FAR amendments impact Women-Owned Small Business
The Department of Defense (DoD), the General Services Administration (GSA), and the... Read More >

Emerging Legal News

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Federal Law News

Ohio Supreme Court Employer Rights Voluntary Abandonment Work Injury Employee Injury

In two separate rulings, the Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81),...

Ramifications of Catalyst Pharms. v. Becerra

How is orphan drug exclusivity affected when the FDA-approved use for an orphan drug is arguably narrower than the treatment of the rare disease it was designated for?

By way of background, a sponsor...

2018 Trustee Fee Increase Constitutionality SCOTUS

Back in July, Craig Eller wrote about the continuing confusion amongst courts and litigants regarding the applicability of a 2018 increase in fees payable to the Office of the United States Trustee in chapter 11 cases. You can...

Universal Shareholder Demand Futility Test

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

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

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

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...

photo used without consent in FB Dating Advertising, Imgur and Reddit

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...

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State Law News

Real Estate Implicit Bias Training Salesperson Broker Property

California requires implicit bias training for brokers and salespersons in the real estate industry. Now, legislation pending in New York and South Carolina could be going in the same direction.

On...

Charlotte North Carolina Mecklenburg County Nondiscrimination City Council Ordinance

Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial...

Texas Legislation Sexual Harassment Workplace Management Liability

Texas has taken aim at sexual harassment in the workplace.  In a bold move by the Texas legislature, a new sexual harassment law (effective September 1, 2021) expands the definition of sexual harassment, heightens the standard...

Fifth Circuit Per Stirpes Per Capital Trust Distributions Riley Family Revocable Trust

In In the Interest of Riley Family Revocable Trust, a trustee filed suit for a declaration regarding who takes in the distribution of remaining trust property. No. 13-20-00084-CV 2021 Tex. App. LEXIS 5839 (Tex. App.—...

INTERNATIONAL LAW NEWS

UAE Announces New Specialized Money Laundering Court

On August 22, 2021, at the directive of His Highness Sheikh Mohammed bin Rashid al Maktoum, Vice President and Prime...

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Titanium Dioxide E171 Use Banned in EU

Last week, Member States approved the European Commission’s proposal to ban the use of Titanium Dioxide (E171) as a...

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Federal Circuit Intellectual Property Service of Process Foreign International Defendants Avoid Service by U.S.

Serving a district court complaint for patent infringement on a foreign defendant usually requires compliance with ...

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EU Q and A for Using Nanoforms

The European Chemicals Agency (ECHA) has posted a new set of ...

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Mexico 2022 Economic Plan Proposal

Last month, the Mexican federal government sent the proposed 2022 Economic Plan (the Proposal) to the Congress of the...

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