On April 23, 2024, the Federal Trade Commission decided by a 3 to 2 vote to approve regulations that would ban most non-compete clauses for employees. This regulation may affect more than 30 million contracts. Specifically, the Commission determined it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into non-compete agreements with workers and to enforce those agreements. If implemented as passed by the FTC, this regulation would not only nullify most existing non-compete agreements, but also expose employers who seek to enforce such agreements to significant penalties.
Read moreThe General Court of the European Court of Justice recently overturned a determination by the European Union’s (EU) executive body, the European Council (EC or Council), to sanction two prominent Russian oligarchs in connection with their alleged support of the Russo-Ukrainian conflict. In reaching this decision, the General Court accorded almost no deference to the prerogatives of the EC, making it clear that sanctions are subject to a searching judicial review.
Read moreA California appeals court's 2021 ruling in Qaadir v. Figueroa, which allowed attorney referrals and unpaid lien-based medical bills to be admitted into evidence in a personal injury case, remains an important precedent for the defense bar.
Read moreThe U.S. Supreme Court's recent holding in Muldrow v. City of St. Louis, rejecting a materially significant disadvantage analysis for Title VII lawsuits over job transfers, could increase employers' exposure to such litigation.
Read moreIn MACQUARIE INFRASTRUCTURE CORP. v. MOAB PARTNERS, L.P. the U.S. Supreme Court held that pure omissions are not actionable under Rule 10b–5(b)
Read moreOn April 12, 2024, the United States Supreme Court issued a unanimous decision in favor of a landowner who asserted that legislatively imposed land use and permit fees could be seen as violating the Takings Clause under the Fifth Amendment to the United States Constitution.
Read moreThe Americans with Disabilities Act prohibits covered entities from discriminating on the basis of disability. Over the past ten years thousands of lawsuits – many styled as class actions – have been filed against covered entities alleging that they have failed to make their websites and mobile applications accessible. The proliferation of litigation has been exacerbated by the failure of the Department of Justice, which is tasked with enacting regulations under the ADA’s public accommodation provisions, to issue long-anticipated regulations on how to measure digital accessibility. The lack of regulations has led to ambiguity about which standards applied, leaving covered entities largely in the dark regarding the best way to protect themselves from litigation and to accommodate persons with disabilities.
Read moreA new federal bill introduced by Representative Adam Schiff (D-Calif.) this week would require AI companies to disclose which copyrighted works were used to train their models. The Generative AI Copyright Disclosure Act would apply to both new models and retroactively to previously released and used generative AI systems.
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