Old Standard, New Challenges: The NLRB Restores ‘Clear and Unmistakable Waiver’ Standard

The National Labor Relations Board issued its decision in Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), in which it announced a major precedential shift: a return to the “clear…

Senate Subcommittee Holds Hearing on Public Health Impacts of PFAS Exposures

On December 5, 2024, the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Public Health…

Corporate Transparency Act— Nationwide Injunction Update and Key Considerations

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction halting enforcement of the Corporate Transparency Act (“CTA”).1 In response, the U.S. Department…

Litigants Beware: Unjust Enrichment v. Quantum Meruit

The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance…

Trial Tactics: It Starts in Discovery

Trial preparation starts in discovery. Yes, that statement seems a bit ridiculous – especially considering the fact that the majority of civil matters will never see a courtroom – but…

Federal District Court Issues Nationwide Preliminary Injunction Barring Enforcement of Corporate Transparency Act

In Texas Top Cop Shop, Inc., et al. v. Garland, et al., a federal district court judge issued a nationwide preliminary injunction barring enforcement of the Corporate Transparency Act (“CTA”), finding…

FCA Enforcement & Compliance Digest — Fall 2024 False Claims Act Newsletter

Welcome to the Fall 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance…

CFPB Takes Aim at Data Brokers in Proposed Rule Amending FCRA

On December 3, the CFPB announced a proposed rule to enhance oversight of data brokers that handle consumers’ sensitive personal and financial information. The proposed rule would amend Regulation V, which implements the Fair…

…But Wait, There’s More!

In 2025, eight additional U.S. state privacy laws will go into effect, joining California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia: Delaware Personal Data Privacy Act (effective Jan. 1,…

What’s in a Name Anyway? Trademark Basics for Community Associations

This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners. I. What is…