Faegre Drinker Biddle & Reath LLP (JD Supra United States)

3079 results for Faegre Drinker Biddle & Reath LLP (JD Supra United States)

  • Counterfeiting: Why Crime Doesn’t Pay

    Based on a recent restitution submission prepared by Faegre Drinker, a federal judge in Harrisburg, Pa. awarded Eli Lilly and Company $1.9 million in restitution from an individual convicted of trafficking in drugs bearing counterfeit trademarks of Lilly and other pharmaceutical companies. The defendant in this matter was sentenced to 70 months in prison and ordered to pay $3.6 million in...

  • Supreme Court Decides Sanchez v. Mayorkas

    On June 7, 2021, the U.S. Supreme Court decided Sanchez v. Mayorkas, No. 20-315, holding that a foreign national with Temporary Protected Status was not entitled to an adjustment of status to make him a Lawful Permanent Resident because he had originally entered the country unlawfully and had not been admitted as required by the adjustment of status statute.

  • Amendments to the Illinois Freedom to Work Act: Significant Changes Coming to Illinois Noncompete and Nonsolicitation Agreements

    Restrictive covenants are intended to protect an employer’s legitimate business interests following an employee’s departure from the business. While these agreements are quite common, Illinois law in this area has evolved over the past decade to rein in the use or scope of these agreements. Indeed, the seminal Fifield v. Premier Dealer Services, Inc. decision…

  • Strike Two for Amazon in the California Court of Appeal

    A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website.  (See discussion of Bolger decision...) In Kisha Loomis v. Amazon.com LLC, plaintiff sought damages from Amazon for burns allegedly caused by a defective hoverboard she purchased through Amazon’s website...

  • COVID-19 Weekly Newsletter: U.S. Vaccination Effort Goes International

    While actively launching new initiatives and incentives to boost the vaccination rate within its own population, the U.S. government this week announced its plans to share portions of its vaccine stockpile internationally. COVID-19 Vaccine Manufacturer Seeks Full FDA Approval - This week, one of the mRNA-based COVID-19 vaccine producers asked for full approval from the Food and Drug...

  • Supreme Court Decides United States v. Cooley

    On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public rights-of-way within the tribe’s reservation. In Cooley, the Court considered the propriety of a stop of a non-Indian motorist effectuated by an Indian nation’s police officer on a

  • Summary of Revisions to Cal/OSHA’s COVID-19 Emergency Temporary Standards

    On June 3, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to adopt revisions to its COVID-19 prevention emergency temporary standards (ETS). The Board also voted to create a three-person subcommittee that will work with Cal/OSHA on a proposal for a future revised ETS.

  • Supreme Court Limits Application of the Computer Fraud and Abuse Act Against Employees Who Abuse Their Network Access Credentials

    In a decision handed down yesterday, the Supreme Court held that civil liability under the Computer Fraud and Abuse Act (“CFAA”) does not attach for employees who abuse or misuse their access credentials in accessing their current or former employers’ computer networks. Rather, to be liable under the CFAA, the employees must access databases or other electronic materials that are outside of...

  • EO Bans Transactions in Publicly Traded Securities of ‘Chinese Military-Industrial Complex’ Companies

    On June 3, 2021, President Biden issued an Executive Order (EO) amending former President Trump’s November 12, 2020, EO 13959, which prohibited U.S. persons from engaging in certain transactions concerning the publicly traded securities of designated Chinese Communist Military Companies (CCMCs). For more information on EO 13959 and its January amendment, please see our previous client alert.

  • Antitrust Division Signals Increased Enforcement in Agricultural Sector, Requiring Divestitures in Grain Elevator Transaction to Prevent Potential Harm to Midwestern Farmers

    While campaigning in 2020, President Biden broadcast his concern about increased market concentration in American agribusiness. To address perceived “monopolistic markets,” he promised to “protect small and medium-sized farmers and producers” through increased enforcement of the Clayton Act and the Packers and Stockyards Act.

  • Summary of HB1125: Deceptive Lead Generation

    Lawsuit advertisements—specifically ones that target prescription drugs and medical devices—can be dangerous. Nationwide, dramatized and exaggerated legal ads have flooded both televisions and the internet, often masquerading as “medical alerts.” Some estimates have total spending on legal advertisements at around $1 billion annually...

  • Supreme Court Decides Garland v. Ming Dai

    On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and true absent an explicit adverse credibility determination by the Board of Immigration Appeals (“BIA”). Instead, reviewing courts must accept the BIA’s findings of fact as “concl

  • Fifth Circuit Finds Injury In Fact after Single Text Message

    The Fifth Circuit recently held that a TCPA plaintiff who received a single text message suffered an Article III injury sufficient to support standing for his claim. In Cranor v. 5 Star Nutrition, L.L.C., No. 19-51173, 2021 WL 2133433 (5th Cir. May 26, 2021), the plaintiff alleged that 5 Star Nutrition violated the Telephone Consumer Protection Act (TCPA) when it sent him several unsolicited...

  • Defense “Victory” Against Employee’s Spouse in COVID-19 Exposure Case

    On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory Woodworks Inc., No. 3:20-cv-09355 (N.D. Cal. 2020). Relying on a novel theory of liability, the Kuciembas alleged that Mr. Kuciemba contracted mild COVID-19 in the course...

  • China-Focused Legislative Package Provides Tariff Relief With GSP and MTB Renewal

    On May 27, 2021, the U.S. Senate voted to amend the United States Innovation and Competition Act (the Act), formerly the Endless Frontier Act, a bill that started as an effort to increase the United States competitive advantage in the world through investments in research and technology, but has morphed into a broad, China-centered legislative package addressing trade and other issues. The...

  • ERISA Litigation Roundup: Federal District Court Finds ERISA Plan Participants Lack Standing to Challenge Cross-Plan Offsetting

    On May 20, 2021, a federal judge in the U.S. District Court for the District of Minnesota dismissed breach of fiduciary duty claims against UnitedHealth Group, holding that participants in ERISA-governed, employer-sponsored health plans lack standing to challenge UnitedHealth Group’s practice of cross-plan offsetting because they have not been denied any benefits and have not been individually...

  • ABCs of NFTs: A Bright Future for the Arts or Just a Flash in the Pan?

    Ever since the artist known as Beeple1 sold an NFT of a digital collage for over $69 million at Christie’s mid-March 2021 auction, everyone in the art world — and in other communities — has been talking about NFTs. Depending on whom you listen to, NFTs are the future of art and will bring long-hoped-for transparency and accountability to the art market. Or they are a dangerous fad. Or they are “no

  • Time to Hit Reset on Remote Worker Expectations?

    Finally, the time is at hand when many employers may safely resume on-site work for most or all employees. But knowing now how effectively many employees can work remotely, organizations are rethinking workforce management strategies and allowing employees much greater flexibility to work from home part of each week, all the time or simply as business obligations allow. Being intentional about...

  • Best Interest Standard of Care for Advisors #52

    The Department of Labor’s “Fiduciary Rule,” PTE 2020-02: The FAQs - This series focuses on the DOL’s new fiduciary “rule”, which was effective on February 16. This, and the next several, articles look at the Frequently Asked Questions (FAQs) issued by the DOL to explain the fiduciary definition and the exemption for conflicts of interest...

  • The DOL Provides Practical Guidance on the Application of PTE 2020-02

    As described in our recent blog posts, the Department of Labor (“DOL”) recently issued guidance in the form of FAQs to address questions concerning the practical application of PTE 2020-02, Improving Investment Advice for Workers & Retirees. This blog post discusses the guidance the DOL offers with respect to various topics under PTE 2020-02. Guidance with respect to the general requirements of...

  • EEOC Issues New COVID-19 Guidance Addressing Vaccinations in the Workplace

    Today, after much anticipation and just in time for the Memorial Day holiday, the Equal Employment Opportunity Commission (EEOC) released updated guidance on COVID-19 vaccination issues raised under federal equal employment laws. Early last year, the EEOC issued a technical assistance publication entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC...

  • COVID-19 Weekly Newsletter: WHO Sets Global Vaccine Goals for 2021

    This week, the World Health Organization (WHO) laid out its goals for boosting vaccination rates worldwide and also asked world leaders to provide additional funding for global vaccination efforts. In other COVID-19 developments, researchers continue to study masking guidance and investigative scientists explain the meticulous, wide-ranging research and analysis necessary to pinpoint the origin...

  • Senate Gives Hope to U.S. Importers Affected by Section 301 Tariffs

    On May 27, 2021, the Senate voted to amend the United States Innovation and Competition Act (the Act), formerly the Endless Frontier Act, a bill that started as an effort to increase the United States’ competitive advantage in the world through investments in research and technology, but that has morphed into a broad China-centered legislative package including trade components. Included in the...

  • Supreme Court Decides City of San Antonio, Texas v. Hotels.com, L.P.

    On May 27, 2021, the Supreme Court of the United States decided City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334, holding that the federal courts of appeals have the discretion to apportion all the appellate costs covered by Federal Rule of Appellate Procedure 39, and that district courts cannot alter that allocation.

  • Colorado Court Rejects Challenge to Colorado Equal Pay for Equal Work Act

    On May 27, 2021, Judge William Martínez of the U.S. District Court for the District of Colorado issued an order rejecting a legal challenge to the Colorado Equal Pay for Equal Work Act (CEPEWA) that had been brought by the Rocky Mountain Association of Recruiters (Rocky Mountain) at the end of last year.

  • ERISA Litigation Roundup: Columbia University Settlement: A Reminder of ERISA Litigation Risk

    On May 21, 2021, the terms of the proposed class action settlement in Cates v. The Trustees of Columbia University in the City of New York, Case No. 1:16-cv-06524 (S.D.N.Y) were announced. The case, which was filed in 2016, involved allegations that plan fiduciaries breached their ERISA duties by causing the plan and participants to pay excessive fees to service providers and by selecting and...

  • Supreme Court Decides United States v. Palomar-Santiago

    On May 24, 2021, the U.S. Supreme Court decided United States v. Palomar-Santiago, No. 20-437, holding that each of the statutory requirements for bringing a collateral attack against a removal order under 8 U.S.C. § 1326(d) is mandatory.

  • Supreme Court Decides Guam v. United States

    On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability under other environmental laws.

  • Broker-Dealer Agrees to $1.5 Million Settlement for Failing to File Suspicious Activity Reports Related to Cybercrimes

    On May 12, 2021, the Securities and Exchange Commission (“SEC”) settled charges against GWFS Equities, Inc. (“GWFS”), a Colorado-based registered broker-dealer and affiliate of Great West Life & Annuity Insurance Company (“Great-West”), for failing to file Suspicious Activity Reports (“SARs”) and failing to file sufficient SARs, in violation of Section 17(a) of the Securities Exchange Act of 1934

  • IRS Guidance on New COBRA Subsidy Clarifies Many Outstanding Questions

    On May 18, 2021, the IRS released Notice 2021-31, a lengthy series of FAQs clarifying many aspects of the new COBRA subsidy made available under the American Rescue Plan Act of 2021 (ARPA). The FAQs address many of the issues raised by plan sponsors since the subsidy was enacted earlier this year. Although this blog post does not address every nuance of the guidance—the IRS issued a whopping 86...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT