On May 16, 2024, the United States Supreme Court in Smith v. Spizzirri addressed whether district courts are required to stay a lawsuit pending arbitration, or if they have the discretion to dismiss the suit when all the claims are subject to arbitration. The Court held that when a district court finds a case involves an arbitrable dispute and a party has requested a stay of the case pending arbitration, Section 3 of the Federal Arbitration Act compels the court to issue a stay and the court does not have discretion to dismiss the case.
Importers must begin to prepare for another round of Section 301 tariffs on China-based products, as President Biden and the United States Trade Representative (USTR) will seek to take further action on China tariffs resulting from the statutory four-year review process. As of May 2, 2024, the Section 301 tariffs on China-based products have resulted in an estimated $215.28 billion in duties collected from importers.
The U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of limitations.
“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation provision covers third-party retaliation claims even though the statute does not explicitly recognize such a theory. On May 10, 2024, the Michigan Supreme Court followed suit, endorsing the theory of third-party retaliation claims under Michigan’s anti-discrimination law, the Elliott-Larsen Civil Rights Act.
The National Labor Relations Board recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining.
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for unpaid commissions and unauthorized use of his name and likeness. Now, the team’s sponsor, Haas Automation, Inc., has sued Steiner for allegedly infringing the company’s trademarks with the sale of his book “Surviving to Drive.”
On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from taking effect. Unless it is enjoined, the FTC rule will become effective 120 days from the date it is published in the Federal Register.
The Department of Labor announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act. Although the rule will not change the job duties test under current regulations for administrative, executive, and professional employees, it provides for a stepped set of increases of the minimum salary requirement from the current level of $684 per week ($35,568 per year) to $844 per week ($43,888 per year), affecting approximately 1 million workers.
Summary of Key Changes and Requirements, Including Required Training, Notice, and Policies
On April 19, 2024, the United States Department of Education’s Office for Civil Rights issued its long-awaited and lengthy Final Title IX regulations. The 2024 Final Rule requires that all educational institutions that receive federal funds that have knowledge of conduct that reasonably may constitute sex discrimination in their educational programs or activities must respond promptly and effectively to address that conduct. The 2024 Final Rule, which takes effect on August 1, 2024, includes significant changes from the 2020 regulations and feature largely the same core principles contained in the Department’s 2022 draft rules.
Smaller Airports Grounded in Their Pursuit to Use the Name of the Largest Cities They Serve
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on using big city names, the federal trademark-holding larger airports are fighting hard to prevent that, arguing it will sow confusion among travelers. These cases highlight the importance of considering whether an applicant’s proposed mark may be confusingly similar with existing registrations.
