Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties. The rule
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Supreme Court Holds International Use Not Trademark Infringement
By: Bailey Hopkins* and David G. Barker
The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that…
SECURE 2.0 Expands Self-Correction Under EPCRS
Effective December 29, 2022, Section 305 of SECURE 2.0 expands the ability for plan sponsors to self-correct certain plan failures under the Employee Plans Compliance Resolution System (“EPCRS”). Section 305 of SECURE 2.0 generally permits the self-correction of certain “eligible…
Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement
By: Zach Schroeder and Courtney Moore*
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable…
Ready for Roth Catch-Up Contributions?
- Currently, employers can (but are not required to) permit retirement plan participants who are age 50 or older to make catch-up contributions that exceed the otherwise applicable Section 402(g) limit (which is $22,500 for 2023). The 2023 catch-up contribution limit
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U.S. House Natural Resources Committee Hearing Requiring Withdrawal of Controversial Proposed Rule
The U. S. House Committee on Natural Resources hearing held on Thursday, June 15, 2023, was singularly focused on H.R. 3397, sponsored by Rep. John R. Curtis (R-UT-3), which requires the Director of the Bureau of Land Management (“USBLM”)…
A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead
Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs. These resources include groundwater, in-state surface water, Colorado River water, long-term storage credits, and…
Colorado River Update: Reclamation Issues FR Notice for Post-2026 Operational Guidelines and Strategies
The U.S. Bureau of Reclamation has initiated the Environmental Impact Statement (“EIS”) process for post-2026 operational guidelines and strategies of Lake Powell and Lake Mead. This process is in addition to the Draft Supplemental EIS we discussed in April, which…
Breaking News: Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years
On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping throughout most of the Phoenix Active…
Supreme Court Unanimously Sides with Jack Daniel’s in Dog Toy Trademark Dispute
The Supreme Court issued its ruling yesterday in a trademark lawsuit between Jack Daniel’s and the seller of a dog toy resembling a bottle of Jack Daniel’s famous whiskey. In a unanimous decision, the Court reversed the Ninth Circuit and…