Attorney

OSHA Recordkeeping and Reporting Guidance for Employers, Part II: Completing OSHA Forms 301, 300,.. OSHA Recordkeeping and Reporting Guidance for Employers, Part II: Completing OSHA Forms 301, 300,..

This three-part series on OSHA recordkeeping and reporting provides tips for employers on..
You’ve Received a Notice of Violation from the CPSC – Now What? You’ve Received a Notice of Violation from the CPSC – Now What?

Each year, the U.S. Consumer Product Safety Commission (the “CPSC” or “Commission”) utilizes its..
Are Your Online Terms Enforceable? Lessons from California Are Your Online Terms Enforceable? Lessons from California

The Southern District of California recently reminded companies that it has concerns about steps to ..
EPA, NGOs Continue Aggressive TSCA Enforcement with a Focus on Chemical Reporting Violations EPA, NGOs Continue Aggressive TSCA Enforcement with a Focus on Chemical Reporting Violations

Despite broad shifts in enforcement priorities across the federal government, the US Environmental..
Dueling Umbrellas- What to Do When Policy Interpretation Gets Metaphysical Dueling Umbrellas- What to Do When Policy Interpretation Gets Metaphysical

Case CitationJohnson v. Reliance Standard Life Insurance Company, No. 23-13443, 2025 WL 3251015..
Water Legislation from the 89th Texas Legislature Water Legislation from the 89th Texas Legislature

The 89th Texas Legislature advanced several water infrastructure measures during the 2025..
CFTC Staff Guidance Dispels Longstanding Legal Uncertainty Around an FCM's Use of Customer.. CFTC Staff Guidance Dispels Longstanding Legal Uncertainty Around an FCM's Use of Customer..

In 2016, and again in 2018, Commodity Futures Trading Commission (CFTC) staff issued no-action..
Amendment on Declarations of Tangible and Intangible Cultural Heritage Amendment on Declarations of Tangible and Intangible Cultural Heritage

On November 19, 2025, the Gaceta Parlamentaria published the initiative titled “Amendment to..
California Court of Appeal Affirms Dismissal of PAGA Claims Based on Prior Settlement and Claim.. California Court of Appeal Affirms Dismissal of PAGA Claims Based on Prior Settlement and Claim..

On November 19, 2025, the California Court of Appeal, Second Appellate District, Division Eight,..
SEC Commissioner Signals Support for Private Assets in 401(k) Plans SEC Commissioner Signals Support for Private Assets in 401(k) Plans

SEC Commissioner Mark T. Uyeda recently gave remarks in which he argued that the target date funds..
NO HIGHLIGHTED HYPERLINK NO ARBITRATION- Court Refuses to Enforce Arbitration Agreement in App.. NO HIGHLIGHTED HYPERLINK NO ARBITRATION- Court Refuses to Enforce Arbitration Agreement in App..

What makes a link “hyper” anyway?Earlier this week I discussed the importance of arbitration..
Supreme Court defers decision on whether Trump can fire head of U.S. Copyright Office Supreme Court defers decision on whether Trump can fire head of U.S. Copyright Office

The Supreme Court on Wednesday put off a decision on the Trump administration’s request to be able..
SCOTUStoday for Wednesday, November 26 SCOTUStoday for Wednesday, November 26

We’re wishing you a happy and restful Thanksgiving and Thanksgiving weekend. On Monday, the..
Supreme Court to Redefine the President's Power to Fire Independent Agency Heads- Implications for.. Supreme Court to Redefine the President's Power to Fire Independent Agency Heads- Implications for..

Since returning to office in January 2025, President Trump has made broad assertions of executive..
RESPECT OR DEFERENCE?- District Court Finds that Text Messages Are Calls Under the TCPA, Without.. RESPECT OR DEFERENCE?- District Court Finds that Text Messages Are Calls Under the TCPA, Without..

The Telephone Consumer Protection Act (“TCPA”) is far from the first statute to regulate something..
TALKING TEXAS- What the Heck is Going On with the Texas Registration Rules? TALKING TEXAS- What the Heck is Going On with the Texas Registration Rules?

Here’s what we know:Texas law requires telemarketers to register with the state if they “call” into ..
Beyond WARN- Federal Laws and Practical Considerations That Shape RIF Planning and Execution – Part .. Beyond WARN- Federal Laws and Practical Considerations That Shape RIF Planning and Execution – Part ..

In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back..
Path Cleared for Registered Representative-Owned PSEs To Receive Transaction-Based Compensation Path Cleared for Registered Representative-Owned PSEs To Receive Transaction-Based Compensation

On Nov. 17, 2025, the U.S. Securities and Exchange Commission (SEC) issued a No-Action Letter..
Supreme Court to consider federal courts’ role in asylum cases Supreme Court to consider federal courts’ role in asylum cases

On Monday, Dec. 1, in Urias-Orellana v. Bondi, the Supreme Court will consider the federal..
Auditing Artificial Intelligence Systems for Bias in Employment Decision-Making Auditing Artificial Intelligence Systems for Bias in Employment Decision-Making

Employers are increasingly deploying artificial intelligence (AI) across the talent life cycle,..
Congress Introduces the “American Franchise Act” to Clarify Joint Employer Liability Congress Introduces the “American Franchise Act” to Clarify Joint Employer Liability

On September 10, 2025, Representative Kevin Hern (OK-01), together with Democrat co-lead..
Judge Leans Away From Breakup During Closing Arguments in Google Ad Tech Case Judge Leans Away From Breakup During Closing Arguments in Google Ad Tech Case

Earlier this year, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of..
Significant Hemp Restrictions Included in Funding Bill Significant Hemp Restrictions Included in Funding Bill

On November 12, 2025, the Agriculture, Rural Development, Food and Drug Administration, and Related ..
China’s National Intellectual Property Administration to Strengthen Management of Trademark Use China’s National Intellectual Property Administration to Strengthen Management of Trademark Use

On November 21, 2025, China’s National Intellectual Property Administration (CNIPA) released the..
McDermott+ Check-Up- November 21, 2025 McDermott+ Check-Up- November 21, 2025

THIS WEEK’S DOSECongressional disagreements on addressing healthcare costs continue. The looming..
California AB 1415: Expanded Oversight for Private Equity and Hedge Fund Investors in Healthcare.. California AB 1415: Expanded Oversight for Private Equity and Hedge Fund Investors in Healthcare..

Go-To Guide:California’s AB 1415 expands the scope of entities required to submit advance notice to ..
Here We Go Again: Scams Targeting Business Owners Are on the Rise Here We Go Again: Scams Targeting Business Owners Are on the Rise

Last year we issued an alert that scammers had come up with a new twist on old scam to collect data ..
EPA Proposes New WOTUS Definition EPA Proposes New WOTUS Definition

On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of..
The Tariff-Related Bullseye on D&Os The Tariff-Related Bullseye on D&Os

Directors and officers (D&Os) are leaders and often the public face of their respective..
CFPB Says its Funding Structure is Unconstitutional but a New Bureau Director is Nominated CFPB Says its Funding Structure is Unconstitutional but a New Bureau Director is Nominated

On November 11, 2025, the Department of Justice intervened in the Consumer Financial Protection..
An Expansion of 'Caremark'? Recent Delaware Chancery Decision May Suggest That An Expansion of 'Caremark'? Recent Delaware Chancery Decision May Suggest That

In 1996, the Delaware Supreme Court decided a case, In re Caremark International, Inc., where, for..
Turning the Page: Reinvent Your Life with Meaningful Activities Turning the Page: Reinvent Your Life with Meaningful Activities

Marriages can certainly come to an end. Though it does not have to be the end of our journeys...
2025 Update to the U.S. Sentencing Guidelines- A Streamlined Two-Step Process 2025 Update to the U.S. Sentencing Guidelines- A Streamlined Two-Step Process

On November 1, 2025, the most recent amendments to the U.S. Sentencing Guidelines Manual went into..
The Employment Strategists: Put Some P.E.P in Your Performance Reviews [Podcast] The Employment Strategists: Put Some P.E.P in Your Performance Reviews [Podcast]

Too many reviews look good on paper but fall apart when it matters most. In this episode, David &..
The shadow docket fails again The shadow docket fails again

Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme..
SCOTUStoday for Thursday, November 20 SCOTUStoday for Thursday, November 20

The SCOTUSblog team reads a lot of legal news each week. Here’s the most memorable headline from..
The One Big Beautiful Bill Act: Key Year-End Tax Changes for Private Wealth Clients The One Big Beautiful Bill Act: Key Year-End Tax Changes for Private Wealth Clients

The One Big Beautiful Bill Act (OBBBA), Pub. L. No. 119-21, enacted on July 4, 2025, marks a..
Bicameral, Bipartisan Bill Would Strengthen U.S. Biopharmaceutical Manufacturing Bicameral, Bipartisan Bill Would Strengthen U.S. Biopharmaceutical Manufacturing

On November 18, 2025, Senators Chris Coons (D-DE) and Ted Budd (R-NC) introduced the..
ERISA Plan Expenses: When Can the Plan Pay the Tab? ERISA Plan Expenses: When Can the Plan Pay the Tab?

Plan sponsors can pay ERISA plan expenses themselves or, under certain circumstances, from plan..
Preparing for HRSA’s 340B Rebate Model Pilot Program and the Beacon Platform Preparing for HRSA’s 340B Rebate Model Pilot Program and the Beacon Platform

On October 30, HRSA announced that it had selected eight drug manufacturers to participate in its..