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  • Article

    Fifth Circuit Reverses NLRB In Apple Unionization Case

    Reversing the National Labor Relations Board (NLRB), the Fifth U.S. Circuit Court of Appeals held that a conversation between an employee helping with union organization...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Mental Health Parity Update: DOL And NY AG Actions Highlight Ongoing Scrutiny Of NQTLs

    On August 11, 2021, United Healthcare and its affiliates were served with separate enforcement lawsuits by the Department of Labor (DOL) and the New York Attorney General (NY AG) involving mental health parity.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP
  • Article

    Ninth Circuit: Employee's Secular Belief Not Entitled To Religious Protection Under Title VII

    A request for accommodation must be rooted in a bona fide religious belief, not simply an employee's personal preference, the U.S. Court of Appeals...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Ninth Circuit To Hear AB 5 Challenge En Banc

    In the latest chapter of the saga of California's Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause ...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Sixth Circuit: Request For FMLA Leave Protected

    In response, the partner suggested she make her request directly to Geoffrey Fieger, the owner of the firm.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Third Circuit Reverses Injunction In Trade Secret Misappropriation Suit

    The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court's grant of a preliminary injunction halting competition..
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Building Decarbonization: A California Climate Imperative

    The staff at the California Air Resources Board (CARB) is asking for help.1 They are under a legislative mandate2 to reduce the carbon intensity of building materials in California by 40 percent by 2035...
    United StatesEnvironment
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    OCC Proposed Policy Statement Sheds Insight Into Thinking On Business Combo Review Process

    In an effort to increase transparency in the Bank Merger Act (BMA) approval process, the Office of the Comptroller of the Currency (OCC) has recently issued a proposed policy...
    United StatesFinance and Banking
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Academic Health System Cancer Programs: Eight Fundamental Elements To Reassess In The Current Environment

    Patients and referring physicians look to Academic Health Systems (AHSs) for access to increasingly complex novel and breakthrough therapies...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Centering Health Equity In Medicaid Section 1115 Waivers: A Road Map For States

    Long-standing structural racism and related health inequities experienced by people of color further laid bare by the COVID-19 pandemic have mobilized many state leaders to take action on health equity.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    House Budget Committee Makes Further Modifications To Reconciliation Legislation

    Late on Sunday, May 18, the House Budget Committee convened to combine the various reconciliation proposals from individual House committees...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Supreme Court Will Hear Medication Abortion Case; Three States Ask To Intervene In District Court

    On December 13, 2023, the Supreme Court announced its intention to review the August 16 ruling by the Fifth Circuit in Alliance for Hippocratic Medicine (AHM) v. U.S. Food and Drug Administration...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    The Manatt State Cost Containment Update October 5, 2021

    Welcome to the Manatt State Cost Containment Update, a digital publication produced with generous support from the Robert Wood Johnson Foundation and in collaboration...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    What Changes If The COVID-19 Public Health Emergency Ends May 11

    The Biden Administration has announced that May 11, 2023, will be the final day of the COVID-19 public health emergency (PHE) declaration, which has been in effect since January 2020.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Disclaimer Not Binding In IPR Proceeding Where Made

    In CUPP Computing AS v. Trend Micro Inc.,1 the Federal Circuit held that a disclaimer made in an inter partes review (IPR) proceeding was not binding in that proceeding, i.e., the disclaimer...
    United StatesIntellectual Property
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Double Trouble For Double Patenting Or When Does My Patent Expire?

    The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).
    United StatesIntellectual Property
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Machine Learning AI Invention For Optimizing TV Scheduling, Network Mapping Held Patent Ineligible

    In Recentive Analytics, Inc. v. Fox Corp.,1 the Federal Circuit held that an invention using machine learning and artificial intelligence (AI) to optimize television scheduling...
    United StatesIntellectual Property
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Now In Effect: Maryland Law Raises Bar On Sensitive Data, Data Minimization And Children's Privacy

    Effective October 1, the Maryland Online Data Privacy Act (MODPA) enters the scene as the 16th state comprehensive consumer privacy law (with three more set to take effect in January).
    United StatesPrivacy
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Colorado Enacts Law Regulating "High-Risk" AI: Here's What You Should Know

    On May 17, Colorado Governor Jared Polis signed into law Colorado Senate Bill 2-205 (SB 205), also known as the Colorado Artificial Intelligence Act—making Colorado...
    United StatesTechnology
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    GENIUS And CLARITY: Congress Advances Digital Asset Legislation, But Key Questions Remain

    Congress accelerated efforts toward an updated regulatory framework for digital assets, specifically addressing stablecoins and broader market structure via two important pieces of pending legislation.
    United StatesTechnology
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
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