Blogs

As advances in cloud computing and AI have resulted in a tsunami of demand for data centers, it has never been more important to have the right provisions in your data center lease. This article identifies four key considerations to keep in mind as you negotiate a data center lease.

On July 2, the US Department of Agriculture (USDA) Animal and Health Inspection Service (APHIS) published a Request for Information (RFI) seeking public comment on the improvement of regulatory processes governing genetically engineered microorganisms — referred to as ‘modified microbes.’

Welcome to the July 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.

Headlines that Matter for Companies and Executives in Regulated Industries

On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute.

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy.

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.

On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes.

Situations involving family dynamics, significant wealth, and fiduciary duties can be ripe for conflict. Disputes frequently arise among owners and managers of closely held businesses, family office constituencies, and other fiduciary-beneficiary relationships.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen sits down with Thomas Boylan, regulatory director at Zero Emission Transportation Association (ZETA), to discuss the importance and benefits of transitioning to electric vehicles (EVs), specifically electric school buses, for public health, climate, and economic advantages.

The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.

On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day.

On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements.

Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition.

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements.

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce.

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,” i.e., when parties have been injured in a manner permitting them to sue.

On June 27, the US Supreme Court held that when the US Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial in an Article III court.

In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in October.

The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property.

Headlines that Matter for Companies and Executives in Regulated Industries

Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical infrastructure to report “substantial cyber incidents” to CISA within 72 hours, and to report ransomware payments within 24 hours.

If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union.

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA).