Earlier this week, the Drug Enforcement Administration (DEA) held a preliminary hearing as part of the ongoing process to determine whether cannabis should be reclassified from Schedule I to Schedule III of the Controlled Substances Act. This review follows an initial notice of proposed rulemaking Continue Reading
Penn State Wins Battle of the Vintage Trademarks
When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have updated the marks they use and license others to use. In a case with Continue Reading
US Department of Labor’s Salary Threshold Hike for “White Collar” Overtime Exemptions Struck Down by Court
On Friday, November 15, 2024, in Texas v U.S. Department of Labor, a federal district court vacated the US Department of Labor’s (DOL) April 2024 final rule that increased the salary thresholds for the executive, professional, and administrative exemptions—commonly referred to as the white collar Continue Reading
USPTO Increases Patent Fees Effective January 19, 2025
The US Patent and Trademark Office (USPTO) recently announced that it will increase patent fees effective January 19, 2025. The USPTO will raise almost all existing patent fees. Although the USPTO made a few exceptions for policy reasons, existing patent fees will generally be about 7.5 percent Continue Reading
Compliance Note No. 7: ELEC Adopts Rules for Super PACs
Just in time for a crowded gubernatorial primary election in New Jersey, ELEC adopted rules this week that provide the filing requirements for and restrictions on Super PACs (officially named Independent Expenditure Committees), which will likely be heavily involved in the 2025 elections. These new Continue Reading
Delaware Chancery Court Reminds Parties That the LLC Act Will Fill Gaps Left in LLC Agreements
On August 30, 2024, the Delaware Court of Chancery issued an opinion in Campus Eye Management Holdings, LLC v. E. Bruce DiDonato, OD, et al., upholding an amendment to a limited liability company agreement (LLC agreement) adopted through a merger, despite recently finding that an attempt to make Continue Reading
A Reminder for Parties to Protect Themselves from Future Risk by Drafting Contracts That Fully Reflect Their Intentions
On October 31, 2024, the Delaware Court of Chancery issued an opinion in STX Business Solutions, LLC, et al., v. Financial-Information-Technologies, LLC, et al., granting the defendants’ motion to dismiss all claims relating to an unpaid earnout. The court held that the plaintiffs’ claims for breach Continue Reading
NLRB Bans Captive Audience Meeting—But Will It Stick?
The National Labor Relations Board (NLRB) has overturned a 1948 precedent and declared that an employer commits an unfair labor practice in violation of the National Labor Relations Act (NLRA) when it requires employees to attend meetings that encourage the employees to reject unionization. The Continue Reading
Compliance Note No. 6 : Post-Election Compliance Update
Do you have an existing compliance program, or a plan to track changes in compliance laws that impact your business or organization? Post-election is an important time to anticipate changes, engage in advocacy to protect your businesses’ or organizations' interests, and audit existing compliance Continue Reading
Less, but Still More: FTC Premerger Notification Final Rule
In connection with certain mergers and acquisitions, the FTC and the Antitrust Division of the US Department of Justice review information provided by parties about proposed transactions reportable under the Hart-Scott-Rodino Antitrust Act (HSA Act) to ensure that the transaction will not stifle Continue Reading