November 9, 2021

Volume XI, Number 313

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November 08, 2021

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FEATURED ARTICLES

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FTC non-compete agreement regulation
As we have noted previously, on July 9, President Biden signed an Executive Order on... Read More >
Retirement Cannot be Mandatory; ADEA Violation
A common trope of a 1930’s film is the callous boss handing a wizened older Wallace Barry... Read More >
SEC Cryptocurrency Enforcement: Q3 2021
Under the Biden administration, the SEC continues to be active in policing the... Read More >
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IRS 2022 Health Benefit Plan Limits Thesholds
The Internal Revenue Service recently announced cost-of-living adjustments that affect... Read More >
US Department of Treasury Congress Report Stablecoin Payment Arrangements Federal Framework
BankInfoSecurity.com reported that “Congress [should] act promptly to enact legislation... Read More >
Facebook Facial Recognition System
On November 2, 2021, Facebook parent Meta Platforms Inc. announced in a blog post that it... Read More >
Infrastructure Bill Passes COVID-19 Vaccine Mandate
This is a weekly post spotlighting labor topics in focus by the US legislative and... Read More >
Transatlantic Trade US and Europe – Week of November 1
The United Kingdom (UK), European Union (EU) and the United States (US) focused this past... Read More >
Recent bankruptcy filings
Covering reported business bankruptcy filings in Massachusetts, Maine, New Hampshire and... Read More >
In the Breakroom Podcast: OSHA ETS
Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On... Read More >

Emerging Legal News

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Federal Law News

large employer COVID ETS stayed

One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (Mandate) (see 86 Fed. Reg...

Piggybacking TCPA Case

One things clever class action lawyers like to do is bring claims by multiple plaintiffs in a single case, even where the plaintiffs received calls in different jurisdictions.

Combining claims by...

Formulation and Administration Claims Asserted in Hatch-Waxman

In Cephalon, Inc. v. Slayback Pharma Ltd. Liab. Co., the Federal Circuit summarily affirmed under Rule 36 the district court’s decision that all asserted claims of the asserted patents are not invalid, and that...

Fifth Circuit believes there are constitutional issues with OSHA mandate

It's a case of "Get Ready, Get Set … Wait!"

On Saturday, November 6, the U.S. Court of Appeals for the Fifth Circuit, in response to a lawsuit filed last Friday by various plaintiffs including the...

Winters v. Quicken Loans TCPA Case Dismissed

The Ninth Circuit footprint is renowned for being consumer litigation friendly. And in many instances, it absolutely deserves that reputation.

There is one very nice upside to litigating in the Ninth...

Entenmann's All Butter Loaf Cake Class Action Dismissed
  • On November 4, 2021, the U.S. District Court for the Southern District of New York dismissed with prejudice a putative class action against Bimbo Bakeries USA Inc.  The plaintiff alleged that “All Butter” on Entenmann’...

Telehealth doctor

In this episode, McDermott partner Marshall Jackson sits down with Michelle Davey for her thoughts on virtual care's role in strengthening health infrastructure, provider-focused telehealth solutions, driving forces behind the growth of...

OSHA Vaccine Rule Blocked by 5th Circuit

A Federal appeals court has temporarily blocked OSHA’s vaccine rule.  Citing to potential “grave statutory and constitutional issues” with the rule, the 5th Circuit promised an expedited judicial review of whether to block it...

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State Law News

Environmental Rights Amendment to the New York Constitution

On November 2, voters in New York approved “Proposal 2” and adopted a new section 19 to Article I of the state constitution that reads: “Each person shall have a right to clean air and water, and to a healthful environment.” It...

California Janitor PAGA Exemption

On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which...

 Medical and Religious Exemptions From COVID-19 Vaccination Mandates WV

Although West Virginia Governor Jim Justice has actively pushed for residents to get vaccinated—most notably, through his statewide “Do It For Babydog” sweepstakes—he has voiced...

Boeing Caremark Decision

After Vice Chancellor Morgan Zurn's in September issued his opinion in In re Boeing Company Derivative LitigationUCLA...

Do LLC Members Owe Fiduciary Duties in California?

Does a member of a limited liability company owe a fiduciary duty to the company and the other members?  Section 17704.09(a) of the California Corporations Code states that a member owes a duty of loyalty and a duty of care. ...

INTERNATIONAL LAW NEWS

EU Vertical Block Exemption Regulation VBER Guidelines

The EU’s Vertical Block Exemption Regulation (VBER) allows suppliers in certain cases to restrict active sales. The...

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German FCO cartel proceeding guidance antitrust violations

In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its...

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cyberspace of China data transfers

On October 29, 2021, the Cyberspace Administration of China (“CAC”) published the Security Assessment Measures...

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Apple to Enter Global FRAND License

For years, Apple has resisted taking a license to Optis’ standard-essential patent portfolio covering Long-Term...

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German COVID Labor Laws

Am 24. November 2021 läuft die Feststellung der „epidemische Lage von nationaler Tragweite“ aus, die der letzte...

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