On August 4, 2010, Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California issued an order in Perry v. Schwarzenegger et. al., No. C092292 (N.D. Cal. Aug. 4, 2010), permanently enjoining enforcement of Proposition 8, a voter initiative that amended the California Constitution that stated, "[o]nly marriage between a man and a woman is valid or recognized in California."

While a possible change in political control of the Minnesota House of Representatives had been speculated about for the past several months, nobody thought it likely that the leadership of the Minnesota Senate would shift from the Democrats to the Republicans.

The U.S. Census Bureau has released the 2007 Economic Census Franchise Report, which is the first comprehensive and detailed report released by this agency which includes information on the role of franchising in the economy.

The province of New Brunswick has joined the provinces of Ontario, Alberta and Prince Edward Island in adopting pre-sale disclosure legislation for franchises sold in New Brunswick.

On March 24, 2010, the Department of Labor’s Wage and Hour Division ("WHD") stated that it will not issue individualized opinion letters going forward.

In Thaler v. Haynes, the United States Supreme Court recently reversed a decision from the 5th Circuit Court of Appeals regarding the "demeanor based" rejection of a potential juror.

Election Day falls on Tuesday, November 2nd this year. A new Minnesota law changes Minnesota employers’ obligations to provide its employees time off to vote.

In a previous alert, we informed readers of a final rule prohibiting commercial bus and truck drivers from texting while operating commercial motor vehicles. The final rule took effect on October 21, 2010.

The recent Eighth Circuit Court of Appeals decision in Cross v. Prairie Meadows Racetrack and Casino Inc., No. 09-3427 (8th Cir. Aug. 12, 2010), again emphasizes to plaintiffs bringing sexual harassment claims against their employers that "[t]he standard for demonstrating a hostile work environment on the basis of sexual harassment is a demanding one."

A recent decision out of federal court in Illinois illustrates how trademark owners, even with a relatively promising case for trademark infringement, should not presume that courts will automatically grant short-term injunctive relief to prevent the alleged infringer from continuing to use the mark during the course of the litigation.

Most companies are faced with issues regarding social media policies and social networking on a daily basis.

A relevant and timely issue raised at the ABA Forum relates to the role of the internet and "new media" in attacks on franchise systems, and the threat posed by the use of websites, blogs, chat rooms, social networking sites, and virtual worlds.

Two tax credits are available to employees who hire certain previously unemployed workers under the Hiring Incentives to Restore Employment Act ("HIRE Act"), which was enacted on March 18, 2010.

It only took Governor Mark Dayton two hours to reject the first bill to reach his desk, vetoing the Republican majority’s first attempt at budget-cutting.

The Department of Labor ("DOL") issued a fact sheet in July 2010 to aid employers in complying with the recent federal law that requires employers to (1) provide reasonable break times to express breast milk, and (2) provide a private location to express breast milk.

The Department of Justice ("DOJ") recently filed a lawsuit against Berkeley School District 87, located in Cook County, Illinois, alleging it violated Title VII of the Civil Rights Act of 1964 when it denied unpaid leave to a Muslim teacher for her to perform Hajj, the annual Islamic pilgrimage to the holy city of Mecca in Saudi Arabia.

Last summer, the Minnesota Supreme Court, in a case entitled Krummenacher v. City of Minnetonka, reversed the City of Minnetonka’s application of a widely-followed standard for approving variances arising under a municipal zoning ordinance.

On June 28, 2010, the United States Supreme Court issued its first decision concerning the Sarbanes-Oxley Act: "Free Enterprise Fund v. Public Accounting Oversight Board".

On September 15, 2010, the House Subcommittee on Commercial and Administrative Law voted 8-4 to report H.R. 4677 to the full House Judiciary Committee.

The Federal Trade Commission has been periodically releasing new "Amended Franchise Rule FAQs" in response to certain questions that have been asked about the Amended Franchise Rule.