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Supreme Court Update: Delaware v. Pennsylvania (No. 145, Orig.) and Bittner v. United States (No. 21-1195)

by Christine Stackhouse | Mar 3, 2023

Greetings, Court Fans! It seems the Nine may finally be settling into a practice of actually issuing decisions in argued cases. This week witnessed two more relatively minor decisions, including one with a first-of-its-kind lineup. Read on for summaries of Delaware v....

District Court Provides Expansive Interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

by Christine Stackhouse | Mar 3, 2023

Exactly one year ago today, on March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), 9 U.S.C. §§ 401-02.  The EFAA amends the Federal Arbitration Act (“FAA”) to essentially bar...

Partner Michael Kasdan Authored an Article on Recent Sneaker Patent Litigation in The Patent Lawyer Magazine

by Kelly Sweeney | Mar 3, 2023

On February 28, 2023, Partner Michael Kasdan authored an article in The Patent Lawyer Magazine titled, “Turbulent times: Nike v Lululemon over FlyKnit patent portfolio.” Mike’s article discusses the recent lawsuit brought by Nike against Lululemon...

Employee Paid $963 Per Day Is Not Exempt From Overtime Under the FLSA

by Christine Stackhouse | Feb 28, 2023

On February 24, 2023, the U.S. Supreme Court added another layer to the already-complicated matrix of overtime exemptions when it concluded that an employee earning $963 per day, and over $200,000 per year, failed to satisfy the “highly compensated employee” exemption...

NLRB Reverses Two Trump-Era Rulings on Severance Agreement Provisions

by Christine Stackhouse | Feb 28, 2023

Last week, the National Labor Relations Board (“NLRB”) issued an order overruling two Trump-era decisions and finding non-disclosure and confidentiality provisions routinely used by employers in separation agreements unlawful under the National Labor Relations Act...
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