Expert Analysis

• Trader Joe's Ruling Highlights Trademark Infringement Trends

  

  The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

• H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

  

  The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

• $100K H-1B Fee May Disrupt Rural Healthcare Needs

  

  The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

• How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

  

  The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.

• Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

  

  Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

• Trump NLRB Picks May Usher In Employer-Friendly Precedent

  

  If President Donald Trump's National Labor Relations Board nominees are confirmed, the board would regain a quorum with a Republican majority and would likely reverse several union-friendly decisions, but each nominee will bring a unique perspective as to how the board should operate, say attorneys at BakerHostetler.

• Handbook Hot Topics: State Laws Shape Drug-Testing Policies

  

  With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

• Union Interference Lessons From 5th Circ. Apple Ruling

  

  The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

• NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

  

  The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

• Corp. Human Rights Regulatory Landscape Is Fragmented

  

  Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.

• Forced Labor Bans Hold Steady Amid Shifts In Global Trade

  

  As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

• 7 Ways Employers Can Avoid Labor Friction Over AI

  

  As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

• Wash. Law Highlights Debate Over Unemployment For Strikers

  

  A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.