October 29, 2021

Volume XI, Number 302

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October 29, 2021

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October 28, 2021

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October 27, 2021

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FEATURED ARTICLES

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medical device machine learning
On October 27, 2021, pursuant to the Artificial Intelligence/Machine Learning (AI/ML)-... Read More >
Build Back Better Act NLRA violations, Employer NLRA Violations
The media has been covering the budget bill – the Build Back Better Act – which contains... Read More >
aggressive DOJ focus on corporate crime
At an October 28, 2021, speech before the American Bar Association’s Annual National... Read More >
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Sunset Rule Repeal and Workforce Strategies
A framework for reconciliation finally emerges.  The Biden Administration proposes repeal... Read More >
patent by definition

Holding
On October 12, 2021, the Federal Circuit affirmed in two separate cases... Read More >
taxes are old and rustic
Tax reform is on the horizon. It’s in the press every day, but until US Congress can get... Read More >
SEC Delivers Award to Whistleblower
On October 29, the U.S. Securities and Exchange Commission (SEC) issued a whistleblower... Read More >
innovation theories of harm in mergers
Several recent high-profile merger review cases in the life sciences space—including... Read More >
Department of Labor Rule on Tip Credits
On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may... Read More >
court proceedings on zoom
Like most industries that have found themselves in the middle of a global pandemic, the... Read More >
DOJ Civil Cyber-Fraud Initiative
On Wednesday, October 6, 2021, the Department of Justice (“DOJ”) announced a new Civil... Read More >
Coastwise Trade-Qualified Vessels Financing Options US Offshore Wind Projects
The Biden administration’s commitment to the development of offshore wind as an... Read More >

Emerging Legal News

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Federal Law News

state water quality under Clean Waters Act

On October 21, 2021, a U.S. District Court vacated the Trump Administration’s rule that sought to limit the power of States and Indian Tribes under Section 401 of the Clean Water Act to impose conditions on federal permits for projects that would...

Wisconsin Summary Judgment Healthcare Organization Physicians Hartsuch v Ascension Medical Group

The United States District Court for the Western District of Wisconsin recently granted summary judgment to a healthcare organization concerning a physician’s wrongful discharge and tortious interference claims regarding...

New Class Action Alleges that Minors Can’t Give Legal TCPA Consent

I’ve often mused that one needs a higher level of consent to call that handsome stranger’s cell phone number than to engage in other forms of friendliness, at least per federal law.

While most...

Pennsylvania Supreme Court Discovery Litigation Health Documents Confidential Peer Reviews

The Supreme Court of Pennsylvania’s discussion of the discoverability of a physician’s credentialing file in a negligence action illustrates how peer review communications and information that are ordinarily thought to be...

EPA PFAS Action Plan under Clean Water Act and others

On October 18, 2021, the US Environmental Protection Agency launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (“Roadmap”)[i] setting forth its “whole-of-agency”...

Resource Conservation and Recovery Act PFAS Actions

The U.S. Environmental Protection Agency (EPA) announced on October 26, 2021, that it is acting...

Third Circuit Anti-Platform Interpretation Communications Decency Act Hepp v Facebook Patent Law Case

Since the emergence of the internet nearly four decades ego, the United States has sought to promote the freedom of the internet domestically and abroad. In the early 1990s, Congress enacted laws that aimed to promote the...

toy and game distributor

Dealers, take notice: Choice-of-law provisions may be more significant than they appear. A recent decision issued by the United States Court of Appeals for the Ninth Circuit held that contractual choice-of-law provisions are...

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State Law News

second California COVID ETS

On October 20, 2021 California’s Division of Occupational Safety and Health (Cal/OSHA) published the draft text for the proposed...

New York Senate Bill S5395A Retirement Enrollment

New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their...

COVID Preventions Objections Limited in Illinois

Late on October 28, 2021, the Illinois legislature took steps to severely limit challenges to COVID-19 prevention measures. The legislature amended the Illinois Health Care Right of Conscience Act, 745 ILCS 70/1 et seq. (the "...

INTERNATIONAL LAW NEWS

China's GB standards for food and food-related products

On October 25, 2021, China’s National Health Commission (NHC) published a number of draft GB standards for food and...

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Chinese Patent Office Closure Dates Holiday Schedule

China’s State Council has released the ...

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UK Litigation Disputes Overseas Directors

In PJSC Bank Finance and Credit & another v Zhevago & others [2021] EWHC 2522 (Ch), the Chancellor...

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China State Council Five-Year Intellectual Property Protection and Utilization Plan

On October 28, 2021, China’s State Council Released the 14th Five-Year Plan Notice of the National Intellectual...

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