Fredrikson attorneys from several practice and industry groups reflect on the potential impact of the Supreme Court’s rulings on their specific areas of law and on their clients’ business.
The Federal Trade Commission has struck out in enforcing its final rule banning employment non-competes, but there are more innings to go.
As the Federal Trade Commission ban on non-compete agreements is set to take effect September 4, 2024, its status remains in flux. Two federal district courts have issued rulings enjoining the FTC from enforcing the ban. Both rulings are limited to only the named plaintiff in the case, but one of these courts has promised a decision on whether to enter a nationwide injunction before August 30, 2024. This puts employers in a difficult situation.
It is no secret that the intercollegiate athletics landscape has changed drastically over the last five years, as student-athletes have been permitted to license their Name, Image and Likeness (NIL) in exchange for compensation. These changes, kicked off by state legislatures in California and Florida, were escalated by student-athlete-initiated legal action.
On July 24, 2024 the U.S. District Court for the Eastern District of Missouri Eastern Division issued a 54-page Memorandum and Order enjoining the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action in any manner to enforce” the 2024 Title IX regulations published on April 29, 2024, against the plaintiff states of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota.
With nearly fifty years of caselaw addressing the introduction, definition, and expansion of workplace harassment law, the Equal Employment Opportunity Commission replaced its prior enforcement guidance published in the 1980s and 1990s with a new document entitled “Enforcement Guidance on Harassment in the Workplace.” This document provides some helpful insight that employers can use to review and update their harassment policies and trainings.
The Department of Homeland Security (DHS) announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen. Below are highlights of DHS’s actions.
The Department of State’s Visa Bulletin for August 2024 shows no further retrogression in the EB-3 visa category following retrogression in July.
President Biden has extended through June 30, 2026, deferred removal for Liberians with a grant of Deferred Enforced Departure (DED) under a 2022 memorandum.
The Department of Homeland Security released additional details about the extension and redesignation of Haiti for Temporary Protected Status (TPS) through February 3, 2026.
The Department of Homeland Security (DHS) has raised civil monetary penalties for certain violations based on inflation.
U.S. Citizenship and Immigration Services (USCIS) announced that applicants for naturalization can now request a replacement Social Security card when they apply for citizenship through Form N-400.
Most Minnesota landlords are aware that the state legislature passed sweeping changes to Minnesota’s landlord-tenant laws during the 2023 legislative session, most of which took effect on January 1, 2024. With less fanfare, however, the legislature passed another round of significant changes during the 2024 legislative session.
As The Wall Street Journal reports, the Mizrahi Kroub law firm is one of a handful of plaintiff-firms filing thousands of Website Accessibility / ADA lawsuits each year.
On May 28, 2024, the U.S. Supreme Court granted certiorari to review a 2023 Clean Water Act decision by the Ninth Circuit Court of Appeals. As in last year’s high-profile CWA decision, the Court will once again consider — and potentially curtail — the scope of EPA’s authority to regulate pollutant discharges.
The Eighth Circuit Court of Appeals recently affirmed a district court’s grant of summary judgment on behalf of the Bureau of Land Management and Slawson Exploration Company related to the issuance of drilling permits.
The Minnesota Court of Appeals overturned an injunction on the City of Minneapolis’ 2040 Comprehensive Plan on May 13, 2024.
On March 21, 2024, the Fifth Circuit Court of Appeals held that the EPA exceeded its statutory authority under the Toxic Substances Control Act when it used a Significant New Use Rule to prohibit a fluorination process that had been used by Inhance Technologies L.L.C. for decades.
The 2024 Minnesota legislative session brought notable changes to environmental laws in Minnesota.
On December 29, 2023, China enacted amendments to the PRC Company Law which came into effect earlier this month on July 1, 2024.
In 2024, the Minnesota Legislature made several changes to the Gopher One Call Statute, creating reporting requirements for large operators and modifying excavation processes to require meetings at the sites of proposed excavations. It also created new safety requirements for underground telecommunications installers, which for the seven-county Twin Cities metropolitan area take effect on July 1, 2025, and for the rest of the state on January 1, 2026.
Many changes to Minnesota’s health care laws were signed into law by Governor Walz in the 2024 legislative session that ended in May. Here is an overview of several of the key changes and new laws. Please contact your Fredrikson attorney for more information.
When the Federal Trade Commission issued its final rule banning employment non-competes over two months ago, it was widely expected to be struck down in some fashion. The U.S. District Court for the Northern District of Texas has levied the first of those strikes, but it is far from a strikeout for the FTC.
Subject to certain exceptions, as of June 5, 2024, President Biden has “suspended and limited” entry into the United States of certain noncitizens across the southern border.
The Department of State’s Visa Bulletin for July includes the following information about retrogression in the EB-3 immigrant visa preference category and an alert about a new law’s impact on special immigrant visas.
U.S. Citizenship and Immigration Services reminded E-Verify users to delete the dash in their E-Verify login bookmarks.
On June 18, 2024, President Biden announced measures “to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.”
U.S. Citizenship and Immigration Services announced on June 20, 2024, that it is extending the work authorization of Temporary Protected Status beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through March 9, 2025.
U.S. Citizenship and Immigration Services announced that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements later this year, when users will begin logging into E-Verify or SAVE using Login.gov.
A 5-4 majority of the U. S. Supreme Court, on June 27, 2024, granted a request for a stay of the Environmental Protection Agency’s imposition of its Federal Implementation Plan against more than 20 states that failed to meet their “good neighbor” obligations to decrease ozone-causing nitrogen oxide emissions within their borders under the Clean Air Act.
An emerging trend in e-discovery concerns how courts should treat emails containing hyperlinks that reference other documents.
The Department of Labor published a notice stating that the Assistant Secretary for Employment and Training ratified a final rule on Adverse Effect Wage Rate methodology for H-2A agricultural workers “out of an abundance of caution.”
The Equal Employment Opportunity Commission released its final rule implementing the Pregnant Workers Fairness Act on April 15, 2024. The regulations, including an appendix of interpretive guidance that will guide the EEOC’s enforcement of the PWFA, become effective on June 18, 2024, 60 days after publication in the Federal Register.
On May 16, 2024, the U.S. Department of Homeland Security announced the addition of 26 textile companies based in the People’s Republic of China to the Uyghur Forced Labor Prevention Act Entity List.
Under Minnesota’s Paid Leave Law that was passed in 2023, eligible employees may take up to 20 weeks per year of paid leave during certain family and medical leave events starting in January 2026. However, the new law left many questions unanswered—some of which have now been answered, or at least clarified, by the Minnesota Department of Employment and Economic Development and the Minnesota Legislature.
On May 24, 2024, Governor Walz signed the Minnesota Consumer Data Privacy Act (MCDPA) into law, making Minnesota the latest state to enact comprehensive privacy legislation. The MCDPA provides Minnesota residents with significant new privacy rights and imposes substantial obligations on businesses to which it applies. Businesses subject to the MCDPA have until July 1, 2025, to come into compliance.
Anyone who has been paying attention knows about fintech partnerships in banking. The mold-breaking ideas of bright-eyed technology entrepreneurs have provided community banks with innovative ways to reach customers, make loans, gather deposits, provide payments solutions and expand their markets. Recently regulators have issued new guidance related to both the safety and soundness and compliance implications of such relationships.
The Consumer Financial Protection Bureau’s new final rule related to credit card late fees has certainly generated a good amount of controversy since being released by the CFPB on March 5, 2024. A lawsuit to set aside the final rule was filed a mere two days after the final rule was released, and many articles, blog posts, and other commentary have been written.
As a lender, you have invested significant time and resources in building relationships with potential borrowers, presenting your financial solutions, and negotiating the basic terms of a loan through a nonbinding term sheet. However, without a well-drafted loan agreement, a seemingly promising deal can quickly turn into a financial nightmare. This article explains the critical sections of a typical loan agreement.
Rule 702 was recently amended on December 1, 2023, to clarify the standard for how judges must deal with challenges to expert testimony. The amended rule will very likely have a significant impact on the admissibility of expert testimony in patent cases.
A number of changes to Minnesota employment laws were proposed and considered in the most recent legislative session. This article is a summary of the laws that have been changed to date. Additional changes are forthcoming, and we will continue to update you as the laws are passed.
In the final hours of the 2024 Legislative Session, the Minnesota Legislature passed the Agriculture and Energy Omnibus Bill, which contained some of the most significant energy permitting policy reform of the last 50 years. Governor Tim Walz is expected to sign the Legislation in the coming days.
Governor Kim Reynolds recently signed three new laws affecting the real estate and leasing industries: HF 2326, SF 2291 and SF 2268. A summary of each law is contained herein, but readers should review each bill in its entirety.
Higher immigration fees took effect on April 1,2024, following a U.S. district court judge’s refusal to block a U.S. Citizenship and Immigration Services fee rule.
U.S. Citizenship and Immigration Services announced a temporary final rule to increase the automatic extension period for certain employment authorization document holders from 180 days to 540 days.
U.S. Citizenship and Immigration Services has issued new guidance on the validity of Form I-693, Report of Immigration Medical Examination and Vaccination Record.
The U.S. Citizenship and Immigration Services has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers. Under the 2022 law, USCIS must conduct audits at least once every five years for each regional center.
U.S. Citizenship and Immigration Services has issued a significant update for Palestinians in the United States, as detailed in a recent Federal Register notice.
U.S. Citizenship and Immigration Services announced on April 18, 2024, that it has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2024 with start dates from April 1 to May 14, 2024, under the H-2B supplemental cap temporary final rule.
U.S. Citizenship and Immigration Services has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.
