On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous flammability testing requirements applicable to children’s sleepwear.
Arent Fox's Government Relations practice of attorneys, former elected officials, and political insiders have published a forecast for the legislative and regulatory agenda in 2017 that offers insight into how it could impact key industries and sectors.
The California Court of Appeal has held that employers’ itemized wage payment statements do not have to include the monetary value of an employee’s accrued vacation or paid time off (PTO). The decision in Soto v. Motel 6 Operating, L.P. held that, although such amounts are “wages” under California law, an employer does not have to itemize the value of the balance due until the end of employment. To avoid any mistake, however, employers must be mindful that the California paid sick leave law now does require employers to list an employee’s available number of hours of unused PTO or sick leave.
A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees. This situation commonly arises when a franchisee or licensee continues using a franchisor or licensor’s trademarks following termination of a franchise or license agreement.
Under the test for preliminary injunctive relief in most jurisdictions, a plaintiff must establish:
New York, NY — On September 21, the Fashion Law Institute at Fordham filed an amicus brief with the Supreme Court of the United States in the matter of Star Athletica LLC v. Varsity Brands, Inc., in support of continuing copyright protection for designs incorporated into useful articles, including the cheerleader uniform designs at issue in the litigation.
The False Claims Act imposes liability on persons and companies who defraud the government of monies, whether it is by receiving monies based on false statements or material omissions, or avoiding the payment of monies through false statements or omissions. The statute permits both private parties (whistleblowers) and the government to bring actions against the perpetrators of such fraud in order for the government to collect damages, a portion of which will be paid to the whistleblower, if one is involved.
Long lines and waiting for security inspections are the new normal not only at airports and stadiums, but also at office buildings and theatres—just to name a few places. According to the plaintiff in Rodriquez v. Nike Retail Services, Inc., N.D. Cal. Case No. 5:14-cv-01508, he and other Nike retail employees also had to wait for security inspections when they left for breaks or after their shifts at Nike’s retail stores. The plaintiff claims that he and other employees were required to wait for such inspections after clocking out, and he and a class of Nike retail employees should have been, but were not, paid for the time spent waiting.
On August 19, 2016, the Northern District of California granted the plaintiff’s motion for class certification and certified a class of all current and former non-exempt Nike retail store employees from February 25, 2010, to the present. Opposing class certification, Nike made three overarching arguments:
The new partnership tax audit rules enacted by Congress on November 2, 2015 could have a dramatic impact on partnerships and their partners (including limited liability companies taxed as partnerships (“LLCs”) and their members). The new rules will apply to audits of tax returns for tax years beginning after December 31, 2017.
- FDA has issued a record high 19 Warning Letters to cosmetics/personal care product companies in 2016.
- Companies should promote cosmetics on the Internet with the understanding that FDA may be actively monitoring company websites.
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