On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter the Prairie State’s burgeoning cannabis market. As with any new business, one of the first things for owners to consider is the company’s brand, what it will be called and how best to protect it…

Trading Secrets

Supreme Court of Kentucky Rules That Firms May Require Lawyers to Sign Non-Solicitation Agreements That Exempt Legal Work

By Erik Weibust & Andrew Stark

December 10, 2019

A law firm can terminate an at-will lawyer who refuses to sign an agreement prohibiting them from soliciting the firm’s customers or clients following cessation of employment, according to the Supreme Court of Kentucky. In Greissman v. Rawlings and Associates, PLLC, the court held that where a non-solicitation agreement included a savings clause which excepted the solicitation of legal work from where “to the extent necessary to comply with the rules of professional responsibility…

Workplace Class Action Blog

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

By Seyfarth Shaw LLP

December 10, 2019

By Gerald L. Maatman, Jr., Andrew D. Welker, and Alex S. Oxyer Seyfarth Synopsis: Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and unbiased administration of justice. The ATRA’s 2019-2020 Report was recently published; find a copy here and the executive summary here. The Judicial Hellholes Report is an important…

Employment Law Lookout

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

By Seyfarth Shaw LLP

December 10, 2019

By Pamela Q. Devata and Jennifer L. Mora Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multi-million settlement with a national employer, which resolved litigation that claimed the employer’s use of criminal history had a disparate impact on minority job applicants. The announcement is a reminder to employers to carefully draft and implement their screening policies as they relate to use of an applicant’s…

Wage & Hour Litigation Blog

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

By Seyfarth Shaw LLP

December 9, 2019

By Robert S. Whitman, Howard M. Wexler, and Thomas F. Howley Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which still require approval under Cheeks v. Freeport Pancake House. Wage and hour practitioners have long understood that settlements of FLSA claims require formal approval from a court or the Department…

Workplace Safety and Environmental Law Alert Blog

OSHA Inspection Numbers Increased in FY 2019

By Seyfarth Shaw LLP

December 9, 2019

By James L. Curtis and Craig B. Simonsen Seyfarth Synopsis: OSHA has just released the Agency’s enforcement and compliance inspection numbers, which show a “significant increase” over 2018. The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) released fiscal year (FY) 2019 inspection numbers, that show an increase over last year — from 32,023 in FY 2018 to 33,401 in FY 2019. So despite OSHA operating without a head of the Agency for…

California Peculiarities Employment Law Blog

Are You Privy to Privacy? California’s Consumer Privacy Act

By John P. Tomaszewski

December 6, 2019

Seyfarth Synopsis: Beleaguered California employers will soon need to comply with the California Consumer Privacy Act. See below for a link to a more comprehensive resource. The CCPA, effective January 1, 2020, will require employers to provide employees with privacy policies. The scope and content of those policies are currently subject to some doubt, especially since the Attorney General has not yet completed relevant regulations. For an extensive discussion, please see our One Minute Memo.…

The Construction Seyt

President Trump to Restore Tariffs on Aluminum and Steel Imports from Brazil and Argentina

By Edward (Teddie) Arnold

December 6, 2019

argentina-and-brazil-two-flags-together-realations-textile-cloth-picture-id1089427552

While China commands the media spotlight in the global war on trade, new trade battles are being waged south of the equator. On Monday December 2, 2019, President Trump announced that he would reinstate tariffs on aluminum and steel imports from Argentina and Brazil amid accusations that those countries have been engaging in a “massive devaluation of their currencies.” The President’s announcement, which came via Twitter, also urged the Federal Reserve to take measures to…

The Blunt Truth

The Week in Weed: December 6, 2019

By Susan Ryan

December 5, 2019

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. There’s lots of news to cover this week, so let’s jump right in. New Jersey is talking about decriminalizing marijuana. Regular readers will doubtless recall that legalization failed earlier this year and that lawmakers are considering a ballot initiative. Now, Governor Phil Murphy is pushing for statewide decriminalization, as a stop-gap measure. In other state news, …

Employment Law Lookout

FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

By Seyfarth Shaw LLP

December 5, 2019

By Tonya M. Esposito and Renee B. Appel Seyfarth Synopsis: In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products containing CBD. In addition to the letters, the FDA published a revised Consumer Update detailing safety concerns about CBD products more broadly. Notably, the FDA commented that it “plans to provide…

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Brand Protection for Illinois’ Budding Cannabis Industry

Supreme Court of Kentucky Rules That Firms May Require Lawyers to Sign Non-Solicitation Agreements That Exempt Legal Work

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

OSHA Inspection Numbers Increased in FY 2019

Are You Privy to Privacy? California’s Consumer Privacy Act

President Trump to Restore Tariffs on Aluminum and Steel Imports from Brazil and Argentina

The Week in Weed: December 6, 2019

FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

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