President Biden has revealed the next areas of focus in his effort to protect the United States’ technological leadership and economic competitiveness: biotechnology, biomanufacturing, and the bioeconomy.

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and the spoliation standard, and laid out a “how-to” guide with practice tips.

Citizen suits begin with private parties sending “notice letters” to potential defendants apprising them that, if a specified action isn’t done within a certain period, litigation will be filed. A primary purpose of these letters is to allow parties to fix issues outlined in the letters.

Headlines that Matter for Privacy and Data Security.

In a new report issued September 8, the US Office of Science and Technology Policy (OSTP) outlines the environmental and energy impacts of cryptocurrencies and digital assets and calls for the development of federal and state regulations to mitigate those impacts going forward. 

On August 19, 2022, the US Departments of Health and Human Services, Labor, and Treasury, as well as the Office of Personnel Management, released a highly-anticipated final rule clarifying the procedures and considerations for resolving disputes related to surprise medical bills.

In response to customer insight about car buying habits, Ford has just unveiled new plans that will change what people expect from car ownership.

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a petroleum company which had been found liable for “thousands.”

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis under the National Labor Relations Act (NLRA or “the Act”).

A Ninth Circuit panel that previously upheld a California law prohibiting mandatory employment arbitration agreements in the workplace withdrew its decision and ordered the matter to be resubmitted for a panel rehearing. 

On August 16, 2022, we prepared an alert discussing Mickelson v. PGA Tour, Inc. and the claims made by suspended PGA Tour players (“Player Plaintiffs”) against PGA Tour, Inc. (“Tour.”) Quite a bit has transpired in the past three weeks both in and out of the courtroom.

The recently unveiled California Health and Human Services Data Exchange Framework (the Framework) creates a new regulatory and governance structure to promote the exchange of health information between health care providers in California.

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Whether CCRC residency agreements are treated as leases or contracts under state law could impact the recovery of CCRC bonds in the event of the insolvency of the CCRC owner. Some states treat CCRC residency agreements as leases and others as contracts.

The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law.

The US Internal Revenue Service (IRS) recently released Notice 2022-36, in which the IRS announced that it is automatically waiving (and automatically abating, refunding, or crediting, as appropriate) penalties for failure to timely file specified tax returns for the 2019 and 2020 tax years.

In Nevada, employees terminated for off-duty use of marijuana do not have a right of action under NRS 613.333, which creates a private right of action for an employee who is discharged for engaging in the “lawful use” of products while off the clock and off the employer’s premises.

On August 16, 2022, the Internal Revenue Service issued a final regulation on its ability to provide state governments with information regarding organizations seeking to become exempt and those already exempt from federal income taxation under Section 501(c) of the Internal Revenue Code.[1]

In an effort to reorganize, the New York Department of Health (NYDOH) has formed a new Office of Aging & Long Term Care (OALTC), which would oversee long term care and senior living facilities in New York.

TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling TMR’s trademark registration.

On August 26, the US Environmental Protection Agency (EPA) released a pre-publication version of its proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.