Seyfarth Creates Two C-Suite Roles to Lead Innovation Efforts

NEW YORK – February 19, 2025 – Seyfarth Shaw LLP, a pioneer in legal innovation for over two decades, announces the creation of two key leadership roles that reinforce the firm’s longstanding commitment to technology, AI, data-driven insights, and design strategy. Byong Kim will be the firm’s first Chief Data & AI Officer (CDAIO), and Zeynep Ersin will be the first Chief Innovation & Strategic Design Officer (CISDO). In the…

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Six Essential Tips for Selling Commercial Products and Commercial Services to the Federal Government

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for selling commercial products and commercial services to the federal government. While legislative reforms have simplified the process of selling commercial products and commercial services to government agencies, federal contracts still present unique requirements and risks. These tips are designed to help contractors effectively and efficiently navigate the regulatory…

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Webinar: Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles

Denys Nevozhai, Unsplash 2025 Trade Secrets Webinar Series REGISTER HERE Thursday, February 27, 20251:00 p.m. to 2:00 p.m. Eastern12:00 p.m. to 1:00 p.m. Central11:00 a.m. to 12:00 p.m. Mountain10:00 a.m. to 11:00 a.m. Pacific About the Program Restrictive covenants continue to face evolving legal challenges and heightened regulatory scrutiny. With shifting state and federal laws, businesses must carefully craft non-competes, non-solicits, and even NDAs to remain enforceable while effectively protecting…

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Navigating the New Energy Landscape: Key Takeaways from Trump’s Recent Executive Actions

In a decisive shift from the prior administration’s energy policies, President Trump has enacted a series of executive orders aimed at bolstering domestic fossil fuel production and overhauling the permitting process for energy projects. These actions underscore the administration’s commitment to achieving energy independence, expediting infrastructure development, and reinforcing the U.S. oil and gas sector’s competitive position. Emergency Powers in Action On January 20, 2025, President Trump declared a national…

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Venezuelan 2023 TPS and CHNV Parole Get the Axe—What Employers Need to Know

By: Dawn Lurie, Mia Batista, and Fanny Wong On January 20, 2025, the Trump administration issued the Securing Our Borders executive order, citing national security, crime prevention, and the protection of American interests as justification for terminating categorical parole programs for certain Cubans, Haitians, Nicaraguans, and Venezuelans. Then on February 1, 2025, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Venezuela’s 2023 designation. …

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Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v. Terphogz, LLC U.S. District Court for the Northern District of Illinois, Case: 1:21-cv-02357.  In 2021, Wm. Wrigley Jr. Company (“Wrigley”) filed a lawsuit against Terphogz, LLC (“Terphogz”), alleging trademark infringement.  Terphogz had been using the ZKITTLEZ…

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Signs You Can’t Ignore If You’re Doing Business In California

California Employers, Watch For Sharp Turns Ahead If you operate a business in California, you know how difficult it is to keep up with ever-changing legal trends. California employers should review and refresh their workplace postings each year to keep up with legislative changes and annual minimum wage increases. Various California state agencies, including the Department of Industrial Relations (“DIR”), Civil Rights Department, Cal/OSHA, and local municipalities require employers to…

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Countdown to Chaos? The 540-Day EAD Extension in Legislative Crosshairs

If you have been following immigration news and are wondering how changes in Washington might affect your workforce, you are not alone. Senate Joint Resolution 8 (S.J. Res. 8) in the 119th Congress aims to undo a USCIS regulation that grants certain eligible applicants a 540-day automatic extension of their Employment Authorization Document (EAD). The 540- day EAD extension will continue to be in effect until the resolution is finalized…

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USCIS Removes COVID-19 Vaccine Requirement for Adjustment of Status Applicants

By: Peace Ibe and Mia Batista In a significant policy update, U.S. Citizenship and Immigration Services (USCIS) has officially waived the COVID-19 vaccination requirement for individuals applying for Adjustment of Status (AOS). Effective January 22, 2024, USCIS will no longer require applicants to receive the COVID-19 vaccine as part of the medical examination process conducted by designated civil surgeons. This decision aligns with the Centers for Disease Control and Prevention’s…

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The New Administrative False Claims Act: Key Amendments and Implications

On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year 2025 (FY 2025 NDAA) (P.L. 118-159) was signed into law. Among its numerous provisions, the FY 2025 NDAA revitalizes an existing but underutilized fraud enforcement mechanism: the Administrative False Claims Act (AFCA). This act, previously known as the Program Fraud Civil Remedies Act of 1986, offers a streamlined administrative remedy for…

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Six Essential Tips for Avoiding the Unlawful Influence of Government Actions

In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips to help government contractors recognize and prevent the unlawful influence of government actions. Contractors working in the federal marketplace face unique challenges, from avoiding improper gifts to ensuring compliance with lobbying restrictions. Missteps can lead to severe legal and reputational consequences. These tips, drawn from our book, provide actionable…

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New Year, New Penalties: OSHA and USEPA Increase Penalties

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2024 inflation adjustments, which increase the penalties. Under the rule, the new maximum OSHA civil penalties for 2025 will be increased by 2.6%:…

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FTC Announces 2025 Hart-Scott-Rodino Act Thresholds and Filing Fees

On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that exceed this $126.4 million threshold may need to be reported to the FTC and U.S. Department of Justice (DOJ) depending on the size of the parties to the transaction as measured by the volume of their sales…

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OEMs Might Soon Get Clarity On Massachusetts and Maine Right to Repair Laws

OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical data in vehicles that utilize telematics systems.  In Massachusetts, a constitutional challenge that has been pending in federal court for over four years without a decision may finally be inching toward resolution after the case…

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From Waste to Wealth: Navigating the Ownership of Produced Water and Lithium in Texas

The ownership, use, and monetization of produced water have rapidly transformed what was once a liability into a valuable asset, creating significant legal and economic uncertainty for operators and landowners alike. With advancements in water recycling technologies and operators discovering new revenue opportunities from produced water byproducts, disputes surrounding produced water are intensifying. This article examines the multifaceted legal and economic issues surrounding produced water, including legislative developments, ongoing litigation,…

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Massachusetts Pay Data Reporting Deadline Almost Here – What do Employers Need to File?

Seyfarth Synopsis: The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even though (in most instances) those forms do not contain employee compensation data. As we reported previously, Massachusetts recently passed new legislation that imposes pay transparency requirements on most employers and creates a regime –…

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January 2025 Visa Bulletin: Key Highlights and Implications

By: Dawn Lurie, Mahsa Aliaskari, and Brooke Gary Along with the New Year, January 1st also marks the implementation of a new Visa Bulletin by the U.S. Department of State. Each month, the United States Immigration and Citizenship Services (USCIS) chooses whether it will follow the Dates for Filing Visa Applications chart or the Application Final Action Dates chart to determine when an employment-based and family-sponsored Adjustment of Status (AOS)…

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2024 Year in Review – Hong Kong Employment Law

The year 2024 brought about notable changes in employment law in Hong Kong. This article provides a brief overview of the key developments that occurred over the past year and a look forward at the expected changes as we transition into 2025. For the full version of this article, please click here. 24 January: District Court reaffirms unauthorised absence as a ground for summary dismissal. Click here to read more.…

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Federal District Court Dismisses Another 401(k) Forfeitures Suit

Seyfarth Synopsis:  Since September 2023, there have been at least 25 lawsuits filed claiming the ability to choose between using 401(k) forfeitures to reduce plan expenses or the plan sponsor’s contributions is a fiduciary choice, and that choosing to reduce the plan sponsor’s contributions constitutes a violation of ERISA’s fiduciary duties.  In the latest decision in connection with a defendant’s motion to dismiss such a 401(k) plan forfeiture claim, in…

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Olympic Sized Wages: LA City Council Takes Next Steps on “Olympic Wage” Ordinance

Seyfarth Synopsis: The 2028 Los Angeles Olympics is already bringing change to the city. On December 11, 2024, the Los Angeles City Council voted 12-3 to approve a draft ordinance to amend the Living Wage Ordinance and the Hotel Worker Minimum Wage Ordinance in 2025.  If the City Council approves of the City Attorney’s draft ordinance, the proposed wage increases will make a splash across the tourism industry leading up…

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Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with U.S. immigration regulations. To avoid potential fines, penalties, or jeopardizing the status and work authorization of H-1B employees, it is critical to prepare for heightened scrutiny. This is especially important considering the new rule published on December 18,…

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Additional Protections for Seattle App-Based Workers Take Effect On January 1, 2025

Seattle continues to expand protections for app-based workers (sometimes referred to as “gig workers”) working within the City of Seattle with its new App-Based Worker Deactivation Rights Ordinance.  Overview of the New Ordinance Effective January 1, 2025, the City of Seattle’s “Ordinance relating to app-based worker labor standards; establishing labor standards on deactivation protections for app-based workers working in Seattle” (Ordinance 126878) (the “Ordinance”) takes effect. The Ordinance requires network…

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Fifth Circuit Court Stays Nationwide Injunction on CTA Enforcement – BOI Reporting Requirements Resume

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order temporarily staying the nationwide preliminary injunction previously granted in Texas Top Cop Shop, Inc., et al. v. Garland, et al. While the Fifth Circuit’s temporary stay is not the final word on the fate of the Corporate Transparency Act (CTA), the court determined that, among other things, the statute is likely constitutional on its…

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(Smart)Watch Out! The EEOC’s Take on Wearable Tech

By: Taylor Iaculla, Yoon-Woo Nam, and Andrew L. Scroggins Seyfarth Synopsis: On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet describes some of the technologies employees may be fitted with, the types of information that may be tracked –from smart watches that can monitor physical activity, to GPS…

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EPA-pocalypse Now!

Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in the environmental sector, including budget cuts and staff reductions at USEPA, and the rollback of key policies from the Obama administration. In his second term we expect further slashes in EPA staffing we sell as additional jurisdictional changes such as…

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FTC Posts $20 Million Settlement With Dealer Group For Alleged Deceptive Practices

On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around Bloomington, Illinois, for alleged unfair and deceptive acts and practices in connection with the sale of motor vehicles in violation of Section 5 of the FTC Act and Illinois state law. The FTC reported that the $20 million…

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FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees. Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint before the FTC, claiming that the use of no-hire agreements…

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Here We Go Again? Government Shutdown and Impacts on Immigration

An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases. During a shutdown, all but “essential” personnel are furloughed and not allowed to work. This overview outlines how key immigration-related agencies are expected to operate during…

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Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date

The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from telematics-equipped vehicles.  Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that “use a telematics system” to comply with standards imposed by an “independent entity” designated by the Attorney General will take effect…

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The Emerging Law on Women’s Advancement Programs and Transgender Rights: A Cross-Border Perspective

The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in employment law systems and has generated much controversy. Notwithstanding this, many global companies seek to support and promote the interests of women regardless of their gender identity or expression. This commitment aligns with the broader international trend of…

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DHS Announces Permanent Increase of Automatic EAD Extensions

The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13, 2025. Background on the History of Automatic EAD Extensions The automatic extension of EADs was first introduced in 2016 to address extended processing times, which led to gaps in employment. Prior to the automatic extension, an…

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Understanding the New Exchange Visitor Skills List Update

By: Andrea Davis The U.S. Department of State announced a significant update to the Exchange Visitor Skills List, effective as of December 9, 2024.  This action is in response to an Executive Order issued last year, in which the Biden Administration gave instructions to “consider initiating a rulemaking to establish new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to…

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What’s in a (Band) Name? Why Bands Need Trademark Registrations

We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got plenty of music to digest in the meantime. To my surprise, several of the new bands I’ve discovered do not have federal trademark registrations. No — I won’t be naming names. Okay,…

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Imminent Employment Law Changes for Illinois Employers

By: Erin Dougherty Foley, Sara Eber Fowler, Taylor Iaculla, Ridhima Bhalla, and Hannah Sosenko Seyfarth Synopsis: On January 1, 2025, employers in Illinois must be poised to comply with the looming changes to a host of existing and newly enacted employment laws. The changes reflect the state’s ongoing expansion of workers’ rights and addressing issues of employment discrimination, harassment, retaliation, and freedom of speech. Illinois Human Rights Act Amendments Period…

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Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes | Management Writes: Practical Labor Law Updates Skip to content

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