The U.S. Supreme Court appears poised to replace the "significant nexus" test for whether a wetland is jurisdictional under the federal Clean Water Act, focusing instead on a long-standing and equally long-debated statutory qualifier of "adjacency."
The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art in inter partes review proceedings under 35 U.S.C. § 311.
On September 27, 2022, California Governor Gavin Newsom signed two bills that collectively aim to strengthen privacy safeguards for individuals seeking abortion services.
While the primary focus over the next two months will be on the fall general election, planning for the next fiscal year and 2023 legislative session is underway.
On September 23, the Centers for Medicare & Medicaid Services (CMS) reopened the comment period for a November 2020 interim final rule titled “Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency.”
As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.
As promised earlier this year, on September 6, 2022, the National Labor Relations Board released a notice of proposed rulemaking on the standard for determining joint employer status under the National Labor Relations Act.
Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test.
A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer.
A Sarbanes-Oxley Act antiretaliation claim requires a showing of retaliatory intent, a unanimous panel of the Second U.S. Circuit Court of Appeals has ruled, creating a split of authority with the Fifth and Ninth Circuits.