Seyfarth Synopsis: PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component, failure to do so warrants dismissal. The Second District affirmed the Superior Court’s dismissal of a PAGA claim where the PAGA notice and lawsuit were both filed more than a year after the…
In celebration of the release of the 6th edition of our Government Contracts Compliance Handbook, we are excited to share six essential tips for ensuring compliance in international sales. These tips are designed to help lawyers and executives working for U.S. federal government contractors navigate the complex landscape of regulations that apply to international sales. 1. Understand Export Control Regulations Compliance with export control regulations is critical for any company…
The Washington Legislature has passed a new law affecting employers’ obligations related to employee personnel files. The new law amends RCW 49.12.240 and 49.12.250 in four important ways: 1. The law amends RCW 49.12.240 to create a definition of the term “personnel file” for the first time. The term “personnel file” includes the following types of records, if the employer creates such records: All job application records; All performance evaluations;…
THC Found in CBD Tincture ‘Sparks’ Statutory Debate: SCOTUS Permits Fired Employee To Sue Cannabis Businesses Under CIVIL RICO Law | The Blunt Truth® Skip to content
Under U.S. customs and international laws[1], border agents have the legal authority to inspect, search, or detain any person, luggage, or merchandise coming into or leaving the country. And yes, that includes your electronic devices like phones, tablets, and laptops. While searches of digital devices are still relatively rare, they are increasingly becoming more common at U.S. ports of entry. That is why it is especially important for all travelers…
Wage and Hour Around the Corner: From Zoom to Room: Staying on Solid Legal Grounds with a Remote Staff or an Office Return | Wage & Hour Litigation Blog Skip to content
As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting from those tariffs. Those negotiating contracts for upcoming projects face the predicament of allocating this future risk of material price increases and delays flowing from the new tariff regime. Despite recent legal challenges to the tariff regime,[1] the enforceability…
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding and navigating Buy American compliance in government contracts. These requirements are critical for contractors working with the U.S. federal government, as failure to comply can lead to penalties, contract disputes, and potential disqualification from future procurement opportunities. This article offers practical guidance to help contractors navigate the…
The State of Delaware, home to a majority of the so-called “Fortune 500” corporations, has been the subject of a variety of criticisms relating to corporate governance, director and officer litigation risk, controlling stockholder exposure, franchise taxes, and more. The criticisms, coupled with recent reincorporation migrations away from Delaware by several significant Delaware corporations to jurisdictions deemed to be more hospitable (such as Nevada, Texas, and Maryland) has spawned a…
Innovation Madness: The Ultimate Basketball Patent Bracket – Round 2 - 14 inventions. 1 champion. Who will cut down the net? | Gadgets, Gigabytes & Goodwill Blog Skip to content
Ed 259, Unsplash Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA? In the first two decisions to address Article III standing in this rising wave of class actions, federal courts in Maryland and D.C. have landed on opposing sides. One case will head to discovery; the other was dismissed outright. At stake is whether moving pension obligations from plans…
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement regulations. Even with careful performance, disputes over scope, pricing, and contract performance can arise between contractors and the government. Understanding how to properly submit, price, and negotiate claims under the Contract Disputes Act (CDA) and Federal Acquisition Regulation (FAR)…
Seyfarth Synopsis: The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been dismissed without leave to amend. Many other motions to dismiss are pending in other courts and it is too early to tell which view will prevail; more rulings are expected soon. For context, in a defined…
Seyfarth Synopsis: On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in January. Although the plaintiff sought a broad nationwide injunction against the entire federal government, the Chicago district court’s TRO only enjoins DOL. The Chicago district court's March 27 TRO comes just two weeks after…
Innovation Madness: The Ultimate Basketball Patent Bracket. 14 inventions. 1 champion. Who will cut down the net? | Gadgets, Gigabytes & Goodwill Blog Skip to content
Conducting workplace investigations into sexual harassment claims is challenging, and especially so across borders. Multinational organisations that implement robust, cross border investigation procedures can significantly lower their risk of facing disputes and legal actions. In this webinar, Seyfarth partners will explore managing sexual harassment claims in the Asia Pacific region, where diverse legal landscapes and cultural norms further complicate cross border investigations. Topics include: Regional nuances: Key similarities, differences, and…
Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O’Keefe and Gena B. Usenheimer, each week the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance. Listen and learn more about each episode of the…
On March 26, 2025, the Financial Crimes Enforcement Network’s (“FinCEN”) interim final rule (the “Interim Rule”) exempting domestic entities and U.S. persons from reporting beneficial ownership information (“BOI”) under the Corporate Transparency Act (the “CTA”) was published in the Federal Register. Summary of Changes U.S. companies and U.S. persons are no longer required to report BOI to FinCEN. Only foreign companies registered to do business in the U.S. are now…
A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of loyalty owed to its employer, on the other. In David v. Freedom Vans LLC, the Court held employees in Washington state earning less than double the minimum wage can work directly for competitors without…
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors navigating federal procurement must understand how IP is created, owned, and licensed under government agreements. The failure to properly manage IP rights can lead to the unintended loss of ownership, competitive disadvantages, or disputes with the government over licensing…
Department of Justice logo. By: Ashley S. Jenkins and Minh N. Vu Seyfarth synopsis: The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission will reduce the burden on businesses to review them. On March 19, 2025, to comply with President Trump’s January 20, 2025 memorandum “Delivering Emergency Price Relief for American Families…
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for avoiding product substitution issues in government contracting. Product substitution is one of the most frequent and costly procurement fraud risks. Contractors must ensure that all products delivered meet contract specifications, as noncompliance can lead to civil and criminal penalties, False Claims Act liability, contract terminations, and suspension or…
Employers in the resources sector are watchful of legal developments in 2025 that could significantly impact their labour strategies, particularly their ability to engage, utilise and remove contractors. With non-labour costs rising and commodity prices remaining below their 2022 peaks, companies are under pressure to find ways to reduce labour costs. In this two-part series, I will look at three cases before the Australian courts and Fair Work Commission, which…
SEC Staff Provides Much-Needed Clarity on Meme Coins, but Litigation and Regulatory Pitfalls Remain | Gadgets, Gigabytes & Goodwill Blog Skip to content
On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that marijuana is still illegal in California because it is illegal federally. Thus, the Court sided with a private landowner (“plaintiff”) who objected to the county issuing a conditional use permit (“CUP”) for the…
Seyfarth Synopsis: On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies can now resume presenting federal contractors and grantees with the certifications required under the Executive Orders, including certifications that contractors do not operate DEI programs violating federal anti-discrimination laws, opening the door to potential…
NEW YORK – March 13, 2025 – Seyfarth Shaw LLP, a pioneer in legal innovation for over two decades, announces its alliance with CodeX, the renowned center for legal informatics at Stanford University. Together, Seyfarth and CodeX will combine leading technology and resources to accelerate the research, development, and implementation of industry-leading tools to help resolve the most complex legal and business issues impacting Seyfarth’s clients. “Since our inception 80…
Seyfarth Synopsis: In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable Care Act does not prohibit discrimination on the basis of gender identity. In response to President Trump’s directives under an Executive Order that focused on gender-affirming health care to minors (EO 14187), which we…
A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case | Gadgets, Gigabytes & Goodwill Blog Skip to content
A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between the parties and violated the Massachusetts Dealer’s Bill of Rights, Mass. Gen. Laws c. 93B. The decision affirms the right of manufacturers to control the manner in which their trademarks are used in online advertising and marketing and…
Sebastian Pichler, Unsplash On March 7, 2025, lawyers for the Federal Trade Commission (FTC) filed motions requesting a 120-day stay of the agency’s appeal of district court decisions in the Fifth Circuit and Eleventh Circuit, which had blocked the FTC’s proposed ban on non-competes (the “Rule”) in the Ryan v. FTC and Properties of the Villages (“POV”) v. FTC cases, respectively. The nearly-identical filings cite the change in presidential administrations…
Towfiqu barbhuiya, Unsplash The construction industry’s reliance on digital data and devices has reshaped the construction process. When used properly, digital technology facilitates collaboration and increases productivity. However, growing dependence on digital innovation has also rendered construction companies a prime target for cybercriminals. The stark, inescapable reality is that the construction industry has been experiencing an alarming increase in cyber attacks over the last five years. Construction companies should mitigate the…
By: Ridhima Bhalla, Andrew L. Scroggins, and Christopher J. DeGroff In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent the creation of hostile work environments for Jewish employees. This emphasis follows other directives from the new administration. On February 3, 2025, President Trump issued Executive Order…
By Minh N. Vu, Kristina Launey, and Susan Ryan Seyfarth Synopsis: The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024. When we first started tracking ADA Title III lawsuits in 2013, the total for the year was only 2,722. The number climbed steadily to an all-time high of 11,452 in 2021, and then fell to 8,694 in 2022. …
On February 26, 2025, President Trump issued Executive Order 14222 entitled, “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative” (hereinafter, the “E.O.”), as well as an accompanying fact sheet describing the E.O.’s goals. The E.O.’s stated purpose is to spur “transformation in Federal spending on contracts, grants, and loans” by encouraging transparency and ensuring accountability to the American public. To do so, the E.O. requires agencies to review…
The Washington Supreme Court recently entertained oral arguments in Branson v. Washington Fine Wines on the following certified question from the W.D. Washington regarding the Equal Pay and Opportunities Act (“EPOA”): What must a Plaintiff prove to be deemed a “job applicant” within the meaning of RCW 49.58.110(4)? For example, must they prove that they are a “bona fide” applicant? Plaintiffs-Appellants Lisa Branson and Cherie Burke argued that the term…
FlyD, Unsplash Wednesday, March 12, 20253:00 p.m. to 3:30 p.m. Eastern2:00 p.m. to 2:30 p.m. Central1:00 p.m. to 1:30 p.m. Mountain12:00 p.m. to 12:30 p.m. Pacific Register Here About the Program Join us for an informative program that offers valuable insights into the evolving landscape of privacy law in Illinois. The panelists will cover the latest developments in the Biometric Information Privacy Act (BIPA) and the Genetic Information Privacy Act…
Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration. In this year’s Outlook, as we reach our fifth year of publication, we address anticipated developments in commercial litigation against the backdrop of the sea changes expected on multiple fronts with the…
Seyfarth Synopsis: The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by failing to commence arbitration. The fact that the employer was the only party that “wanted” arbitration was irrelevant. The arbitration agreement required the plaintiffs to initiate arbitration, which they failed to do. Michelle Arzate, et al. v. ACE…
Seyfarth Synopsis: On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide injunction blocks the federal government from requiring federal contractors and grantees to certify they do not operate DEI programs that violate federal anti-discrimination laws, and from bringing enforcement actions, including False Claims Act claims, premised on…