Author Info for Quarles & Brady LLP

Rachel Ackerman

Rocket Docket: Fast Track to Examination

While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown…more

Design Patent, Expedited Approval Process, Intellectual Property Protection, Inventions, Patent Applications

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Xheneta Ademi

A Trademark Guide to the Metaverse for Averse Brand Owners

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common…more

Brand, Corporate Branding, Digital Assets, Global Market, Intellectual Property Protection

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Claire Afable

Trump Administration Issues Executive Orders Rolling Back DEI and Affirmative Action Requirements For Federal Contractors

The Trump Administration has wasted no time making waves in the employment world immediately rolling back years-old federal diversity and affirmative action programs for federal contractors and executive agencies, and directing…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employees, Employment Discrimination

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Cynthia Akinmeji

DHS Issues Registration Requirement for Foreign Nationals – Immediate Action Required for Some

The U.S. Department of Homeland Security has implemented a registration requirement for foreign nationals effective April 11, 2025. Failure to comply with this requirement may lead to civil and criminal liability. The following…more

Department of Homeland Security (DHS), Filing Requirements, Foreign Nationals, Immigration Enforcement, Immigration Procedures

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Joseph Ambrose

The Moving Target of “Complete Design Units” in Chinese Law

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese…more

China, CNIPA, Design Patent, Intellectual Property Protection, Patent Infringement

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Sarah Ames

Proposed changes to German Citizenship Retention Permits and the impact on U.S. citizenship applications

Soon, a retention permit to keep German citizenship before taking on another citizenship will no longer be necessary – BUT NOT YET…more

Citizenship, Dual Citizenship, Foreign Nationals, Foreign Workers, Germany

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Austin Anderson

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Mitchell Anderson

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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Lori Anderson Ruhly

Trademark Fee Changes at the USPTO: What You Need to Know

The USPTO will set or adjust numerous trademark fees on January 18, 2025. The USPTO’s summary table of the key changes is available at the end of this alert…more

Fees, Filing Fees, Intellectual Property Protection, Trademark Application, Trademark Electronic Application System (TEAS)

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James Aquilina

Recent Examination Manual Update Includes Guidance on Protection of Computer-Generated Designs

The Manual of Patent Examining Procedure (“MPEP”) is the examination manual used internally at the United States Patent & Trademark Office (“USPTO”) to guide examiners in the process of examining patent applications. In…more

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Elise Ashley

Supply Chain Survival Series: Contract Modification (Article #7)

In previous articles in the Supply Chain Survival Series, we discussed how contracts are formed and what UCC default terms apply in a Battle of the Forms scenario. We now turn our attention to how parties can modify contracts…more

Contract Modification, Contract Terms, Oral Modification, Supply Chain

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Kiana Baharloo

Day Three of Trump’s Presidency Provides Additional Clarity on the Administration’s Stance on AI

Shortly after publication of last week’s Client Alert on recent developments in artificial intelligence (AI) executive orders, the Trump Administration issued a new Executive Order with some additional clarification on the…more

Artificial Intelligence, Deregulation, Executive Orders, Government Agencies, Innovative Technology

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Mason Baranczyk

Sometimes Less is More: Patentability of “Simple” Designs

When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. Rather than…more

Design Patent, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Litigation

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Caitlin Barden

The Top 5 Things to Keep in Mind While Cooperating with an ICE or FDNS Visit

Immigration authorities have several functions that may bring them to a business to conduct immigration and employment-related investigations. As the government prioritizes these investigative functions, it is important for…more

Audits, Department of Homeland Security (DHS), Employees, Employer Responsibilities, Employment Policies

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Alexis Barkis

FAQs Relating to Quarles & Brady’s 10/12/2022 Webinar: COVID & the Flu: Legal Update and Fall Planning

Q: Can I terminate an agreement allowing an employee to work remotely?…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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John Barlament

How DOL’s Cybersecurity Guidance Impacts Retirement and Health/Welfare Plans

In April 2021, the Department of Labor issued cybersecurity guidance to plan fiduciaries and participants in the form of three separate documents: Tips for Hiring Service Providers with Strong Cybersecurity Practices;…more

Cybersecurity, Data Protection, Department of Labor (DOL), Employee Benefits, Fiduciary

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Sarah Belger

New Maryland Employment Laws Set to Take Effect on October 1: Is Your Business Prepared?

Maryland’s General Assembly passed several employment laws that are scheduled to take effect on October 1, 2024. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of…more

Anti-Discrimination Policies, Employee Benefits, Employees, Employer Liability Issues, Employment Policies

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Rod Betts

What a Republican Administration Could Mean for the NLRA

With the change to a Republican administration, similar to the past, it is likely that we will see a change in enforcement of the National Labor Relations Act (“NLRA”)…more

Employees, Federal Labor Laws, Labor Reform, Labor Relations, NLRA

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Mark Bina

Kentucky Attorney General Determines Board of Pharmacy Lacks Statutory Authority to Regulate Non-Resident Pharmacists

The Kentucky Attorney General published a formal opinion yesterday confirming that the Board of Pharmacy cannot require the licensure of pharmacists who reside outside of the Commonwealth of Kentucky. The proposed regulations,…more

Dormant Commerce Clause, Healthcare, Interstate Commerce, Licensing Rules, Non-Residents

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Rachael Brodd

Supply Chain Survival Series: Anticipatory Repudiation and Demand for Adequate Assurances (Article #8)

Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of…more

Contract Terms, Manufacturers, Suppliers, Supply Chain, Uniform Commercial Code (UCC)

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Heather Buchta

Day Three of Trump’s Presidency Provides Additional Clarity on the Administration’s Stance on AI

Shortly after publication of last week’s Client Alert on recent developments in artificial intelligence (AI) executive orders, the Trump Administration issued a new Executive Order with some additional clarification on the…more

Artificial Intelligence, Deregulation, Executive Orders, Government Agencies, Innovative Technology

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Aaron Buckley

The Reform of PAGA: What Does it Mean for California Employers?

On June 18, 2024, the office of California Governor Gavin Newsom announced a compromise for reform of the Labor Code Private Attorneys General Act (“PAGA”). This reform is designed to remove from the November 2024 ballot an…more

Employer Liability Issues, Employment Litigation, Labor Code, Private Attorneys General Act (PAGA), State Labor Laws

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Joanne Alnajjar Buser

The Supreme Court Further Restricts the Use of Race in College Admissions; Its Decision May Also Impact Employers and Government Contractors

Last week, the United States Supreme Court issued its decision in Students for Fair Admissions, Inc. v. Harvard College. This decision concerned two companion lawsuits challenging the use of race as a criterion in the admissions…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Jinly Calloway

USCIS H-1B Second Lottery, Those Who Play to Win, and the Lurking H-1B Rule

On July 30, 2024, the USCIS (U.S. Citizenship and Immigration Services) announced it would conduct a second lottery to reach the FY 2025 regular cap numerical allocation…more

Foreign Workers, H-1B, Hiring & Firing, Immigration Procedures, Job Applicants

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Michael Carwin

Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed…more

Design Patent, Financial Services Industry, Financial Transactions, Graphical User Interface, Intellectual Property Protection

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Suzanne Caulfield

Patent Fee Changes at the USPTO: What You Need to Know

The United States Patent and Trademark Office (USPTO) has issued a final rule substantially adjusting patent fees. The new fee structure will take effect on January 19, 2025…more

Application Fees, Filing Fees, Intellectual Property Protection, Patent Applications, Patent Filings

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Michael Chargo

Supply Chain Survival Series: Overview of the UCC’s Statute of Limitations for Breach of Contract Claims (Article #15)

Previously, in Article #14 (Remedies for Breach of Contract) of our Supply Chain Survival Series, we discussed the common legal remedies available to a non-breaching party in a contract dispute. However, one important limitation…more

Breach of Contract, Commercial Litigation, Contract Terms, Damages, Litigation Strategies

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Martin Childs IV

U.S. Charities Supporting Hurricane and Disaster Relief

As the aftermath from Hurricanes Helene and Milton continue to unfold, charitable organizations have pondered how they can provide aid to individuals who are in need of medical supplies, housing, and other basic necessities…more

Charitable Organizations, Disaster Aid, Hurricane Season, Natural Disasters, Severe Weather

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Sujata Chugh

U.S. Charities Supporting Hurricane and Disaster Relief

As the aftermath from Hurricanes Helene and Milton continue to unfold, charitable organizations have pondered how they can provide aid to individuals who are in need of medical supplies, housing, and other basic necessities…more

Charitable Organizations, Disaster Aid, Hurricane Season, Natural Disasters, Severe Weather

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Gregory Churney

Best Practices for Protecting Transparent and Translucent Designs

Design patents in the U.S. typically include two types of shading. The first and most common type of shading used in U.S. design patents is opaque shading, which illustrates a non-transparent or non-translucent surface of an…more

Best Practices, Design Patent, Intellectual Property Protection, Inventions, Patent Applications

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Gary Clark

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage Remedy Available

The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/ (“BIPA”…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, Data Privacy

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Simone Colgan Dunlap

Arkansas Law Prohibits Pharmacy Benefit Managers from Obtaining or Holding Pharmacy Permits

On April 16, 2025, Arkansas House Bill 1150 (the “Bill”) was signed by Governor Huckabee Sanders. The Bill will have substantial implications for pharmacy benefit managers (“PBMs”) and pharmacies across the country. Introduced…more

Arkansas, Healthcare, Healthcare Reform, New Legislation, Patient Access

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Amanda Collins

Federal Court Turns back Time on DOL’s Overtime Exemption Salary Threshold Rule: What Employers Need to Know

On Friday, November 15, a Texas federal court turned back time on the minimum salary threshold rule for certain overtime exemptions under the Fair Labor Standard Act’s (“FLSA”)—halting the planned January 1, 2025, increase,…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Christopher Combest

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

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E. Joseph Connaughton

Key New Laws Affecting California Employers in 2024

Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers…more

Adverse Employment Action, California, Employee Benefits, Employees, Employer Liability Issues

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Alex Cooper

DEA Issues New Regulation Formalizing Black Bag Exception for Veterinarians

The Drug Enforcement Administration (DEA) recently issued a new regulation codifying provisions of the Veterinary Medicine Mobility Act of 2014 (VMMA). The VMMA, which was signed into law in 2014, allows a veterinarian to…more

Animal Drugs, Controlled Substances, DEA, Drug Distribution, New Regulations

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Sarah Coyne

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises…more

CARES Act, Confidential Information, Consent, Data Management, Department of Health and Human Services (HHS)

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Jason Croxton

DOE Announces Availability of $225 million for Tribal Home Electrification Program

On November 17, 2023, the Department of Energy Office of State and Community Energy Programs (DOE OCEP) announced the final program requirements for the Tribal Home Electrification and Appliance Rebates Program (the “Tribal Home…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Federal Funding

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Jason Curry

Intercreditor Agreements in Bankruptcy: How Intercreditor Agreements shape the proceedings and outcomes for secured creditors

Junior and Senior Lenders work hard to negotiate Intercreditor Agreements. What difference does it make? Isn’t it enough to simply agree that the Junior Lender is in a junior position? This article follows a borrower, referred…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debt Restructuring

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Timothy D'Arduini

DHS Proposes Rule to Modernize H-1B Program

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Comment Period, Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B

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Christopher Dang

DEA Publishes Notice of Proposed Rulemaking to Reschedule Marijuana from Schedule I to Schedule III

The United States Drug Enforcement Administration (“DEA”) published a notice of proposed rulemaking to reschedule marijuana from schedule I of the Federal Controlled Substance Act (“CSA”) to schedule III. As a reminder, schedule…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Food and Drug Administration (FDA)

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Kelly Davis

Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exemptions

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Lindsey Davis

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of…more

Arbitrary and Capricious, Bostock v Clayton County Georgia, Colleges, Dear Colleague Letter, Department of Education

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Richard Davis

The 340B Program in 2024: A Tumultuous Year in Review

The 340B Program has continued to undergo significant upheaval in 2024 that has the potential to bring about impactful changes to how the 340B Program operates moving forward. These developments have left 340B stakeholders in a…more

Department of Health and Human Services (HHS), Drug Pricing, Healthcare, HRSA, Life Sciences

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Justin DeAngelis

Recap of 2024 U.S. Design Patent Drama: Here’s What We Know Now

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court of…more

CAFC, Design Patent, Intellectual Property Protection, Patent Applications, Patents

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Theresa DeAngelis

Justice Department’s New Task Force on Health Care Monopolies and Collusion

DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority…more

Anti-Competitive, Antitrust Division, Collusion, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Hunter DeKoninck

It's (Apparently) Never Too Late Part II: DEA & Morris & Dickson Settle

This week, DEA announced it has entered into a settlement agreement with Morris & Dickson Co., LLC (“Morris & Dickson”), resolving the protracted dispute born out of a May 2, 2018 Order to Show Cause (“OTSC”) and Immediate…more

Controlled Substances, DEA, Drug Distribution, Enforcement Actions, Food & Drug Regulations

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Gerardo Delgado

Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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Ryan Van Den Elzen

New Statutory Rules for Wisconsin LLCs Effective 1/1/23

Wisconsin recently adopted a new version of its LLC Act (Chapter 183 of the Wisconsin Statutes). The new LLC Act is a full redraft of the prior statute and more closely tracks the Revised Uniform Limited Liability Company Act…more

Limited Liability Company (LLC), LLC Act, RULLCA

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Sargina Desargones

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

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Olivia DeScala

Employee Accommodation Requests for Religious Beliefs or Practices: The Supreme Court Rejects the De Minimis Undue Hardship Standard: A Substantial Cost to Employers?

In a unanimous 9-0 decision on Thursday, June 29, 2023, the United States Supreme Court explained that courts have been getting the law on religious accommodations wrong for the past five decades. The high Court held an employer…more

Civil Rights Act, De Minimis Claims, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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Apurva Dharia

“Circling Back” After the New Year: Recent Updates in Data Privacy & Security

As we settle in to 2023 and return to our “circle back in the new year” projects, it is a good time to catch up on data privacy and security updates from the end of 2022 and set priorities for 2023. To help you start the year…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy, Data Protection, Data Security

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Matthew Dombroski

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Justin Doop

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. In this decision, captioned In re: SurgiSil, L.L.P. et…more

Appeals, Design Patent, Intellectual Property Protection, Inventions, Patent Applications

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Robert Duffy

Legal Update: Paid Military Leave Suits Continue to Capture Attention

Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant to…more

Employer Liability Issues, Military Leave, Military Service Members, USERRA, Wage and Hour

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Kathleen Duncan

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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Rachel Dykema

CMS Vaccine Mandate: Compliance Dates Clarified

As stated in our previous client alert, the Centers for Medicare and Medicaid Services (CMS) set compliance dates for the vaccine mandate in all of the states where the injunction had been lifted, which became official for those…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Michael Elkins

Florida Board of Pharmacy Proposes Amendments to Rule on Technician to Pharmacist Ratio

On September 12, 2023, the Florida Board of Pharmacy published a notice of intent to adopt amendments to its rule on registered pharmacy technician-to-pharmacist ratios (64B16-27.410). The amendments would allow a supervising…more

Pharmaceutical Industry, Pharmacies, Proposed Amendments

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Kierre Elvington

Supply Chain Survival Series: Overview of the UCC’s Statute of Limitations for Breach of Contract Claims (Article #15)

Previously, in Article #14 (Remedies for Breach of Contract) of our Supply Chain Survival Series, we discussed the common legal remedies available to a non-breaching party in a contract dispute. However, one important limitation…more

Breach of Contract, Commercial Litigation, Contract Terms, Damages, Litigation Strategies

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Steve Emerick

SEC Proposes Extensive Climate Change Reporting Obligations for Public Companies

On March 21, 2022, the Securities and Exchange Commission (SEC) proposed its long-awaited rules requiring more robust climate change disclosures for publicly traded companies. The reach of these proposed rules is extremely broad…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Sarah Erdmann

Warning! ChatGPT Exploit Used by Threat Actors in Cyber Attacks

Members of the health care and financial industries, along with other industries that hold sensitive data, are warned that a ChatGPT vulnerability is being actively exploited by threat actors to attack security flaws in AI…more

Artificial Intelligence, Banks, Cyber Attacks, Cybersecurity, Data Breach

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Seth Essendrop

While There is an Active Utility Application, There is Design Hope

Like many patent owners or aspiring patent owners, at some point you may have found yourself in a situation where design protection was needed, but all you had was narrow utility protection…more

Design Patent, Intellectual Property Protection, Inventions, Patent Applications, Patents

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Colleen Essid

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Tracy Bradford Farley

New Ordinance Sends All Chicago Employees Back to Training

Amendments to Chicago’s Human Rights Ordinance (“Ordinance”) that implement new policy and training requirements will take effect on July 1, 2022. The Ordinance imposes various requirements on Chicago employers regarding sexual…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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Cynthia Faur

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Clean Water Act

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Randall Fearnow

Court Decision Opens Door to Potential Flood of Federal Court Litigation Against Indiana Skilled Nursing Facilities

On July 27, 2021, the United States Court of Appeals for the Seventh Circuit (the "Court" or "7th Circuit") issued a ruling which could dramatically impact litigation involving Indiana skilled nursing facilities (SNFs). In the…more

42 U.S.C. §1983, Administrative Proceedings, Administrative Remedies, Attorney's Fees, Medical Malpractice

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Christopher Fernandez

New USPTO Design Patent “Bar” to be Created in 2024

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to…more

Design Patent, Intellectual Property Litigation, New Rules, Patent Applications, Patent Litigation

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Adrielli Ferrer

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded Colleges and Universities

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Andre Fiebig

The Impact of President-Elect Trump's Proposed Tariffs on U.S. Businesses

On November 25, 2024, President-elect Trump announced that he would impose an additional 10% tariff on China, and 25% tariffs on Mexico and Canada, garnering considerable attention both for their potential to reshape the U.S…more

Canada, China, Customs and Border Protection, Importers, Imports

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Terri Flynn

Patent Fee Changes at the USPTO: What You Need to Know

The United States Patent and Trademark Office (USPTO) has issued a final rule substantially adjusting patent fees. The new fee structure will take effect on January 19, 2025…more

Application Fees, Filing Fees, Intellectual Property Protection, Patent Applications, Patent Filings

See all updates »

Corinne Fombelle

Trademark Fee Changes at the USPTO: What You Need to Know

The USPTO will set or adjust numerous trademark fees on January 18, 2025. The USPTO’s summary table of the key changes is available at the end of this alert…more

Fees, Filing Fees, Intellectual Property Protection, Trademark Application, Trademark Electronic Application System (TEAS)

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Trevor Foster

Recent Updates to Bayh-Dole Obligations May Require New License Terms and Reporting Procedures for Federally-Funded Inventions

Effective October 1, 2023, certain aspects of reporting obligations under the Bayh-Dole Act changed, and further changes are potentially on the way. Frequent recipients of federal funding, such as universities and research…more

Bayh-Dole Act, Department of Energy (DOE), Executive Orders, Federal Funding, Funding Arrangements

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Zac Foster

Using Text Messages for Marketing? Proceed with Caution in Florida

Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a tumultuous…more

Advertising, Auto-Dialed Calls, Florida, Marketing, Marketing Perspectives

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Michael French

The 340B Program in 2024: A Tumultuous Year in Review

The 340B Program has continued to undergo significant upheaval in 2024 that has the potential to bring about impactful changes to how the 340B Program operates moving forward. These developments have left 340B stakeholders in a…more

Department of Health and Human Services (HHS), Drug Pricing, Healthcare, HRSA, Life Sciences

See all updates »

Kaitlyn Fydenkevez

New York Cybersecurity Regulation Requires Submission of Compliance Certification or Acknowledgement of Noncompliance Next Week

On April 3, 2025, the New York State Department of Financial Services (“DFS”) issued reminders about upcoming implementation and reporting deadlines related to its cybersecurity regulations. Upcoming deadlines require…more

Banks, Cybersecurity, Data Security, Filing Deadlines, Financial Institutions

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Stephen Gardner

Recent Updates to Bayh-Dole Obligations May Require New License Terms and Reporting Procedures for Federally-Funded Inventions

Effective October 1, 2023, certain aspects of reporting obligations under the Bayh-Dole Act changed, and further changes are potentially on the way. Frequent recipients of federal funding, such as universities and research…more

Bayh-Dole Act, Department of Energy (DOE), Executive Orders, Federal Funding, Funding Arrangements

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Elizabeth Gebarski

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

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Ashleigh Giovannini

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises…more

CARES Act, Confidential Information, Consent, Data Management, Department of Health and Human Services (HHS)

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Elizabeth Glass

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,…more

DACA, Employment Authorization Documents (EAD), Foreign Workers, Form I-9, H-1B

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Alexandra Glover

California’s Pre-Closing Health Care Transaction Review Regulations Take Effect: Where Did We Land?

In the final iteration of California’s Office of Health Care Affordability pre-closing health care transaction regulations, Health Care Entities that are party to a “material change transaction” closing on or after April 1, 2024…more

California, Corporate Restructuring, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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James Goldschmidt

The Demise of Chevron: End of an Era or More of the Same?

In a pair of 6-3 decisions issued Friday and Monday, the U.S. Supreme Court dealt back-to-back blows to the administrative state. First, it ruled on Friday in Loper Bright that federal courts can no longer defer to federal…more

Administrative Authority, Administrative Procedure Act, Administrative Proceedings, Chevron, Chevron Deference

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Filip Grzelak

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Daniel Guggenheim

Part D Pharmacies Required to Enroll in Data Exchange Module to Help Drug Price Negotiation Cash Flow Issue

On April 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published the Contract Year 2026 Policy and Technical Changes Final Rule which amends the regulations governing various Medicare programs, including the…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Health Insurance, Healthcare

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Lars Gulbrandsen

The Supreme Court Declares Registered Out-of-State Businesses “At Home” in Pennsylvania

If a Wisconsin citizen is injured in Wisconsin on the property of a Wisconsin company, where can the citizen sue the company? One option is where the accident occurred—Wisconsin. Another option is where the company is…more

Due Process, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Pennsylvania, Personal Jurisdiction

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Tolga Gulmen Ph.D.

Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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Christopher Guthrie

Part D Pharmacies Required to Enroll in Data Exchange Module to Help Drug Price Negotiation Cash Flow Issue

On April 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published the Contract Year 2026 Policy and Technical Changes Final Rule which amends the regulations governing various Medicare programs, including the…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Health Insurance, Healthcare

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Brandon Gutschow

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

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Jonathan Hackbarth

Prevailing Against FINRA Investor Complaints

In 2007, the United States Securities and Exchange Commission approved the creation of the Financial Industry Regulatory Authority (FINRA), and the FINRA arbitration forum officially came into being…more

Arbitration, Financial Adviser, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investors

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Kevin Halloran

IRS Issues New Guidance Related to Bonus Tax Credits for Renewable Energy Projects: Prevailing Wage Requirements and Start of Construction for Tribal Projects

On November 30, 2022, the Internal Revenue Service published Notice 2022-61 in the Federal Register, providing guidance on the prevailing wage and apprenticeship requirements that, if met, entitle Indian tribal governments…more

Energy Projects, Internal Revenue Code (IRC), Investment Tax Credits, IRS, Prevailing Wages

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Lauren Harpke

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Madison Hartman

HHS’ Long-Awaited 340B Alternative Dispute Resolution Rule Is Finalized

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for…more

Arbitration, Covered Entities, Department of Health and Human Services (HHS), Drug Pricing, Final Rules

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Gabriel M Hartsell

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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Brian Hartstein

Changes to Chicago’s Paid Leave Ordinance May Prove Challenging for Chicago Businesses

As the year comes to an end, the City of Chicago is expanding the requirements on employers to provide paid leave. As of January 1, 2024, local employers will have additional legal obligations to provide time off for their…more

City of Chicago, Employees, Employer Liability Issues, Illinois, Labor Reform

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Roxanne Hilton

Kentucky Refiles Controversial Non-Resident Pharmacist License Regulation

On April 15, 2024, the Kentucky Board of Pharmacy (“Board”) posted a suite of proposed non-resident pharmacist rules that will require any pharmacist working in another state and who provides services on a Kentucky citizen’s…more

Comment Period, Healthcare, Licensing Rules, Pharmaceutical Industry, Pharmacies

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John Hintz

Arizona Offshoring Requirements Set to Change

Providers and payers contracting with Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (“AHCCCS”), and all such AHCCCS contractors’ subcontracts must reference and require compliance with the AHCCCS…more

Arizona, Cross-Border, Data Transfers, Downstream Agreements, Financial Institutions

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Erin Hogan

Alternatives to H-1B Status for F-1 OPT Employees

The H-1B lottery for Fiscal Year (FY) 2023 was conducted in March 2022. USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations, which is the projected amount needed to reach the FY2023 numerical…more

F-1 Visa, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Edward Hollis

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded Colleges and Universities

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Edward Holloran III

Indiana Lawmakers Continue to Take Aim at Health Care Organization Mergers

On February 27, 2024, the Indiana House of Representatives (“House”) voted to pass legislation that would call for increased scrutiny regarding mergers between health care organizations. More specifically, the implementation of…more

Acquisition Agreements, Antitrust Provisions, Competition, Health Care Providers, Healthcare

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Matthew Holohan

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Design Patent

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Kirk Hoopingarner

U.S. Charities Supporting Hurricane and Disaster Relief

As the aftermath from Hurricanes Helene and Milton continue to unfold, charitable organizations have pondered how they can provide aid to individuals who are in need of medical supplies, housing, and other basic necessities…more

Charitable Organizations, Disaster Aid, Hurricane Season, Natural Disasters, Severe Weather

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George Howard Jr.

The Reform of PAGA: What Does it Mean for California Employers?

On June 18, 2024, the office of California Governor Gavin Newsom announced a compromise for reform of the Labor Code Private Attorneys General Act (“PAGA”). This reform is designed to remove from the November 2024 ballot an…more

Employer Liability Issues, Employment Litigation, Labor Code, Private Attorneys General Act (PAGA), State Labor Laws

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Jonathan Howard

PE in Healthcare – Recent Governmental Commentary Could Indicate Policy Changes on the Horizon and Time for Increased Vigilance

Recent reports published by the Senate Budget Committee (the “Committee”) and the U.S. Department of Health and Human Services (“HHS”) highlight what the authors characterize as concerns related to private equity (“PE”)…more

Acquisition Agreements, Competition, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers

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Otto Immel

New Florida Legislation—What Employers Need to Know

With the 2023 Florida Legislative Session’s adjournment earlier this month, a number of recently enacted laws are making headlines. Employers should pay special attention to two specific pieces of legislation, Senate Bill 1718…more

Best Practices, Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Florida

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John Jansky

The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an…more

Attorney's Fees, Enhanced Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation

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W Scott Jenkins Jr

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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Kimberly Leach Johnson

New Florida Community Property Trust Law

Florida has enacted new legislation allowing married couples to create a Community Property Trust (CPT). Currently (except in community property states), when the first spouse dies, his or her own assets receive a step-up in…more

Asset Management, Capital Gains, Community Property, Florida, Marital Assets

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Kelly Kagan

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

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Maria Kallmeyer

The Top 5 Things to Keep in Mind While Cooperating with an ICE or FDNS Visit

Immigration authorities have several functions that may bring them to a business to conduct immigration and employment-related investigations. As the government prioritizes these investigative functions, it is important for…more

Audits, Department of Homeland Security (DHS), Employees, Employer Responsibilities, Employment Policies

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Melanie Kalmanson

New Florida law imposes warranty requirements on Florida builders starting in 2025

Earlier this week, Florida Gov. Ron DeSantis signed new legislation that will place new warranty requirements on Florida builders. Before reaching the Governor’s desk, the legislation received bipartisan support in both the…more

Building Codes, Construction Project, Florida, New Legislation, Real Estate Development

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Jon Kammerzelt

All I Want for Christmas Are Two New Wisconsin Guardianship Rules!

Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday…more

Estate Planning, Guardians, Guardianships

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James Kaplan

Key Takeaways for Borrowers and Banks in the Wake of SVB and Signature Bank Failures

As outlined in our previous client alert relating to the current banking environment in the wake of SVB's failure and FDIC receivership, and notwithstanding the apparent stabilization of the banking industry and financial…more

Banking Crisis, Banks, Borrowers, Consumer Financial Products, Deposit Accounts

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Travis Kearbey

Missouri Voters Pass New Paid Sick Leave Law

On November 5, Missourians voted to approve Proposition A, a referendum implementing mandatory paid sick leave law for Missouri employees. Thus, effective May 1, 2025, Missouri will join the growing list of states that require…more

Ballot Measures, Employee Benefits, Employees, Employer Liability Issues, Labor Reform

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Judith Williams-Killackey

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees in…more

Collective Bargaining, Constitutional Challenges, Employees, Employer Liability Issues, Equal Protection

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Jinly Kim

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up Visas Remain Available

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent…more

Canada, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Brandon Krajewski

Supply Chain Survival Series: Overview of the UCC’s Statute of Limitations for Breach of Contract Claims (Article #15)

Previously, in Article #14 (Remedies for Breach of Contract) of our Supply Chain Survival Series, we discussed the common legal remedies available to a non-breaching party in a contract dispute. However, one important limitation…more

Breach of Contract, Commercial Litigation, Contract Terms, Damages, Litigation Strategies

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Steve Kruzel

Texas Federal Judge Strikes Down FTC Non-Compete Ban

Judge Ada Brown of the U.S. District Court for the Northern District of Texas on Tuesday struck down the Federal Trade Commission’s (FTC) pending ban on non-compete covenants, concluding that the issuance of the FTC’s Rule (“the…more

Administrative Procedure Act, Appeals, Confidential Information, Employees, Employer Liability Issues

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Andrew Kuntz

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that only…more

Biden Administration, Corporate Counsel, Employees, Foreign Nationals, H-1B

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Elizabeth Lacey

Supply Chain Survival Series: Mitigation (Article #13)

In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has been…more

Breach of Contract, Buyers, Damages, Goods or Services, Risk Mitigation

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Luis Lanz

New York Passes Much-Anticipated Law Authorizing Pharmacy Shared Services Arrangements

On November 22, 2024, the Governor of New York signed into law a closely watched bill that expressly authorizes pharmacy shared services arrangements in the state. These models were not previously addressed in New York’s…more

Healthcare, Licensing Rules, New Legislation, New York, Pharmaceutical Industry

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Katie Lavigne

Arkansas Law Prohibits Pharmacy Benefit Managers from Obtaining or Holding Pharmacy Permits

On April 16, 2025, Arkansas House Bill 1150 (the “Bill”) was signed by Governor Huckabee Sanders. The Bill will have substantial implications for pharmacy benefit managers (“PBMs”) and pharmacies across the country. Introduced…more

Arkansas, Healthcare, Healthcare Reform, New Legislation, Patient Access

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Eric Ledbetter

DHS Issues Registration Requirement for Foreign Nationals – Immediate Action Required for Some

The U.S. Department of Homeland Security has implemented a registration requirement for foreign nationals effective April 11, 2025. Failure to comply with this requirement may lead to civil and criminal liability. The following…more

Department of Homeland Security (DHS), Filing Requirements, Foreign Nationals, Immigration Enforcement, Immigration Procedures

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Chaerim Lee

Recap of 2024 U.S. Design Patent Drama: Here’s What We Know Now

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court of…more

CAFC, Design Patent, Intellectual Property Protection, Patent Applications, Patents

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Michael Levey

[Webinar] The Veterans Consortium Pro Bono Program Training - November 11th, 11:00 am - 2:00 pm CT

What better way to mark Veterans Day than to learn how you can assist a veteran in need? Please join us for The Veterans Consortium (TVC) Pro Bono Program’s Volunteer Attorney Training on Thursday, November 11 from 11 a.m. -…more

Appeals, Continuing Legal Education, Department of Veterans Affairs, Disability Benefits, Educational Assistance Programs

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Michelle Lewis

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of…more

Arbitrary and Capricious, Bostock v Clayton County Georgia, Colleges, Dear Colleague Letter, Department of Education

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Jeremy Lite

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

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Benjamin Lockwood

FDA Releases Draft Interim Guidance on Bulk Drug Substances in Compounding Under Sections 503A and 503B of FDCA

The Food and Drug Administration (“FDA”) has released draft interim guidance documents that impact the use of bulk drug substances in compounding under Sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (“FDCA”)…more

Department of Health and Human Services (HHS), DQSA, Draft Guidance, Drug Compounding, Federal Food Drug and Cosmetic Act (FFDCA)

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Nicholas Lowrey

DHS Proposes Rule to Modernize H-1B Program

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other…more

Comment Period, Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B

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Courtney Lynch

U.S. Charities Supporting Hurricane and Disaster Relief

As the aftermath from Hurricanes Helene and Milton continue to unfold, charitable organizations have pondered how they can provide aid to individuals who are in need of medical supplies, housing, and other basic necessities…more

Charitable Organizations, Disaster Aid, Hurricane Season, Natural Disasters, Severe Weather

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Laura MacDonald

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

See all updates »

George Marek

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Adam Margolin

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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Lennox Mark

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Matt Mauntel-Medici

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to…more

Employees, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures

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Shamika Mazyck

Indiana Passes Law Granting Pharmacist Prescriptive Authority for Birth Control and Requiring Medicaid Coverage of the Care

Indiana follows a growing trend where states are expanding pharmacist prescriptive authority. On May 01, 2023, Indiana Governor Eric Holcomb signed House Bill 1568, (the “Law”) which adds a new code section, Indiana Code…more

Birth Control, Contraceptives, Medicaid, Pharmaceutical Industry, Pharmacist

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Carolyn McAllister

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

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Thomas McDonell

[Webinar] The Veterans Consortium Pro Bono Program Training - November 11th, 11:00 am - 2:00 pm CT

What better way to mark Veterans Day than to learn how you can assist a veteran in need? Please join us for The Veterans Consortium (TVC) Pro Bono Program’s Volunteer Attorney Training on Thursday, November 11 from 11 a.m. -…more

Appeals, Continuing Legal Education, Department of Veterans Affairs, Disability Benefits, Educational Assistance Programs

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Elizabeth McErlean

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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Anne Mckeon

Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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Cayla McNeil

SEC Issues an Administrative Stay of its Climate Disclosure Rules

On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final rule…more

Administrative Procedure Act, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Vanessa Meeks

Annual Update of Form ADV and Recent Regulatory Changes Affecting Advisers (UPDATED)

As a reminder, each registered investment adviser must file an annual updating amendment to its Form ADV within 90 days of its fiscal year end. This means an adviser with a December 31 fiscal year end will be required to file an…more

Anti-Money Laundering, Disclosure Requirements, Filing Deadlines, Filing Requirements, FinCEN

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Nicholas Meza

Alabama Bill Rewriting Pharmacy Practice Act Clears Senate Hurdle

As detailed in our February 24, 2025 update, House Bill 123 continues the operations of the Alabama Board of Pharmacy (“the Board”) until October 1, 2026, with changes to the Board’s structure, operations, and practices…more

Alabama, Government Agencies, Healthcare, Penalties, Pending Legislation

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Jeffrey Michalowski

The Supreme Court Further Restricts the Use of Race in College Admissions; Its Decision May Also Impact Employers and Government Contractors

Last week, the United States Supreme Court issued its decision in Students for Fair Admissions, Inc. v. Harvard College. This decision concerned two companion lawsuits challenging the use of race as a criterion in the admissions…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Jared Miller

IRS to Issue Opportunity Zone Compliance Letters

On April 12, 2022, the Internal Revenue Service announced that taxpayers participating in the Qualified Opportunity Zone program who need to take additional actions would receive notice letters later in April. This announcement…more

Capital Gains, IRS, Opportunity Zones, Real Estate Investments, Tax Planning

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Aziza Mohamadhossen

New Tariffs Mean New Targets of the False Claims Act

The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given…more

Canada, China, Customs and Border Protection, Department of Justice (DOJ), Executive Orders

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Roger Morris R.Ph

FDA Releases Declaratory Order Regarding Tirzepatide Shortage

The FDA released a Declaratory Order on December 19th re-evaluating and essentially re-instituting its previous position on the tirzepatide shortage, declaring the shortage resolved. As a bit of history, on October 2, 2024 the…more

Drug Compounding, Food and Drug Administration (FDA), Healthcare, Manufacturers, New Guidance

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Ryan Morrison

SEC Issues an Administrative Stay of its Climate Disclosure Rules

On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final rule…more

Administrative Procedure Act, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Michael Mostow

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Clean Water Act

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Patrick Murphy

2022 Wisconsin Insurance Case Law Year in Review

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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Nicole Murray

Trademark Fee Changes at the USPTO: What You Need to Know

The USPTO will set or adjust numerous trademark fees on January 18, 2025. The USPTO’s summary table of the key changes is available at the end of this alert…more

Fees, Filing Fees, Intellectual Property Protection, Trademark Application, Trademark Electronic Application System (TEAS)

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Praveena Nallainathan

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up Visas Remain Available

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent…more

Canada, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

Christopher Nickels

FTC Seeks to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that bans the use of non-compete agreements between employers and their “workers.”…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Patrick Nolan

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

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Anne O'Brien

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care…more

Change of Ownership, Covered Transactions, Hart-Scott-Rodino Act, Health Care Providers, Healthcare Facilities

See all updates »

Lynn O'Brien

The Top 5 Actions for H-1B Cap Employers to Take as of October 1, 2024

Once an employee’s H-1B change of status becomes effective on October 1, certain obligations are required of sponsoring employers. Employers, please take note of these reminders today…more

Employment Authorization Documents (EAD), FEIN, Form I-9, H-1B, Highly-Skilled Workers Visa

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Meghan O'Connor

New York Cybersecurity Regulation Requires Submission of Compliance Certification or Acknowledgement of Noncompliance Next Week

On April 3, 2025, the New York State Department of Financial Services (“DFS”) issued reminders about upcoming implementation and reporting deadlines related to its cybersecurity regulations. Upcoming deadlines require…more

Banks, Cybersecurity, Data Security, Filing Deadlines, Financial Institutions

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Nathan Oesch

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

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Michael Paa

Trump Administration Issues Executive Orders Rolling Back DEI and Affirmative Action Requirements For Federal Contractors

The Trump Administration has wasted no time making waves in the employment world immediately rolling back years-old federal diversity and affirmative action programs for federal contractors and executive agencies, and directing…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employees, Employment Discrimination

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Jake Pallotta

Proposed Legislation Indicative of Continued Congressional Efforts to Expand PBM Oversight

On December 11, 2024, a bill was introduced in the U.S. House of Representatives that, if enacted, would have substantial implications for pharmacy benefit managers (“PBMs”) and pharmacies across the country. Titled the Patients…more

Antitrust Division, Competition, Department of Justice (DOJ), Drug Pricing, Federal Trade Commission (FTC)

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Ian Park Ph.D

Protecting the Product: Furniture

In the world of furniture design, aesthetics often play as crucial a role as functionality since the unique appearance of a furniture piece can set it apart in a competitive marketplace and help establish a brand’s identity…more

Design Patent, Furniture Industry, Intellectual Property Litigation, Intellectual Property Protection, Patent Applications

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Sarah Parks

An Overview of President Biden’s Executive Order on Non-Competes

On July 9, 2021, President Biden issued an extensive Executive Order on Promoting Competition in the American Economy. Among other things, the Executive Order directs the Federal Trade Commission (FTC), through rulemaking, to…more

Anti-Competitive, Biden Administration, Competition, Employer Liability Issues, Employment Contract

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Zachary Pasker

Annual Update of Form ADV and Recent Regulatory Changes Affecting Advisers (UPDATED)

As a reminder, each registered investment adviser must file an annual updating amendment to its Form ADV within 90 days of its fiscal year end. This means an adviser with a December 31 fiscal year end will be required to file an…more

Asset Management, Compliance, Corporate Transparency Act, Cybersecurity, Form ADV

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Ryan Patterson

New Year, New Fees? USCIS Resolves to Increase Filing Fees

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM), proposing significant filing fee increases for employment-based, family-based, and humanitarian immigration…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, USCIS

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Richard Paul

EEOC and Justice Department Issue New DEI Guidance For Employers

The Equal Employment Opportunity Commission (“EEOC”) and U.S. Department of Justice (“DOJ”) are the latest federal agencies to weigh in on the Trump Administration’s efforts to crack down on unlawful Diversity, Equity, and…more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Amy Cotton Peterson

The California Legislature Revisits Limitations on and Oversight of PE Involvement in the Health Care Industry

Lawmakers in California remain dedicated to increasing oversight and placing limitations on private equity (PE) and hedge fund involvement in the health care industry. However, the jury is still out as to whether these new…more

California, Government Agencies, Health Care Providers, Healthcare, Hedge Funds

See all updates »

Kaitlin Phillips

Illinois Legislature Passes Equal Pay Act Amendment: Employers Likely Required to Include Pay Scale and Benefits in Job Postings

Illinois is primed to join states like California, Colorado, and New York in their recent efforts to address pay inequality by increasing transparency around compensation and benefits. In May 2023, both houses of the Illinois…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Wage and Hour

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Michael Piery

The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an…more

Attorney's Fees, Enhanced Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation

See all updates »

Fred Plevin

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement…more

California, Employees, Employer Liability Issues, Employment Contract, Former Employee

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Joseph Poehlmann

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

See all updates »

Harrison Powell

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the issue…more

CAFC, Design Patent, En Banc Review, Intellectual Property Protection, Obviousness

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Patrick Proctor-Brown

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

See all updates »

Eric Pruitt

Expansion of DOJ White Collar Whistleblower Programs to Local US Attorney’s Offices

In August, the Department of Justice’s Criminal Division announced the launch of a Corporate Whistleblower Awards Pilot Program, building off an earlier pilot program started in the Southern District of New York to encourage…more

Department of Justice (DOJ), Financial Institutions, Pilot Programs, Whistleblower Awards, Whistleblower Protection Policies

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Mehak Qureshi

What Does Wisconsin Medical Examining Board’s New Chaperone Rule Mean for Hospitals? Not Much.

The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not have…more

American Medical Association, Health Care Providers, Healthcare, Healthcare Reform, Hospitals

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Ryan Rainey

New Tariffs Mean New Targets of the False Claims Act

The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given…more

Canada, China, Customs and Border Protection, Department of Justice (DOJ), Executive Orders

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Kaytie Ravega

Are You Ready for Massachusetts Non-Resident Pharmacy Licensure?

On November 19, 2024, the Massachusetts Board of Registration in Pharmacy (the “Board”) published several memoranda that described the impending non-resident pharmacy licensure requirements and the anticipated timeline for…more

Controlled Substances, Health Clinics, Healthcare, Hospitals, Licensing Rules

See all updates »

Harrison Rayment

What a Republican Administration Could Mean for the NLRA

With the change to a Republican administration, similar to the past, it is likely that we will see a change in enforcement of the National Labor Relations Act (“NLRA”)…more

Employees, Federal Labor Laws, Labor Reform, Labor Relations, NLRA

See all updates »

Kirti Vaidya Reddy

New Tariffs Mean New Targets of the False Claims Act

The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given…more

Canada, China, Customs and Border Protection, Department of Justice (DOJ), Executive Orders

See all updates »

Edward Rickert

Illinois Proposes Licensure for Pharmacists-in-Charge of Nonresident Pharmacies

Illinois has joined other states in efforts to require licensure for individuals located outside of the state. In the December 15, 2023 Register, the Illinois Department of Financial and Professional Regulation (“IDFPR”)…more

Illinois, Life Sciences, Pharmaceutical Industry, Pharmacies

See all updates »

Hans Riede

Biden Administration Updates Guidance and Extends Deadline for Vaccine Compliance for Government Contractors

On November 4, 2021, the Biden Administration extended the deadline for employers covered by the federal contractor vaccine mandate in Executive Order 14042. The administration apparently recognized that many federal contractors…more

Biden Administration, Coronavirus/COVID-19, Deadlines, Employer Liability Issues, Employer Mandates

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Caleb Rife

The Moving Target of “Complete Design Units” in Chinese Law

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese…more

China, CNIPA, Design Patent, Intellectual Property Protection, Patent Infringement

See all updates »

Samantha Roth

Civil Rights Compliance for Hospitals in Wisconsin

Happy holidays, Wisconsin health care providers! As a gift to all of you, earlier this month, the Wisconsin Department of Health Services (DHS) and Department of Children & Families (DCF) released their new joint guidance for…more

Cooperative Compliance Regime, Department of Children and Families (DCF), Department of Homeland Security (DHS), Federal Funding, Health Care Providers

See all updates »

Tyler Roth

EEOC and Justice Department Issue New DEI Guidance For Employers

The Equal Employment Opportunity Commission (“EEOC”) and U.S. Department of Justice (“DOJ”) are the latest federal agencies to weigh in on the Trump Administration’s efforts to crack down on unlawful Diversity, Equity, and…more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Aaron Sagedahl

Missouri’s New Year Resolution: New Prescription Delivery Requirements for Mail Order Pharmacies

Effective December 30, 2024, significant revisions to the Missouri Board of Pharmacy’s Rule 20 CSR 2220-2.013 (Prescription Delivery Requirements) will kick in, introducing new patient safety measures for pharmacies that mail or…more

Actual Delivery, Healthcare, Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Michael Sanko

Computer-Generated Electronic Images & The Article of Manufacture Requirement: The USPTO Declines to Extend Subject Matter Eligibility to “Disembodied” Designs

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as…more

Article of Manufacture, Design Patent, Intellectual Property Protection, Patent Applications, Patent Litigation

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Mary Saxon

Part D Pharmacies Required to Enroll in Data Exchange Module to Help Drug Price Negotiation Cash Flow Issue

On April 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published the Contract Year 2026 Policy and Technical Changes Final Rule which amends the regulations governing various Medicare programs, including the…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Health Insurance, Healthcare

See all updates »

Nicholas Schmidbauer

A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law

On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates…more

Amended Regulation, China, CNIPA, Design Patent, Intellectual Property Protection

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Aaron Schu

Texas Federal Judge Strikes Down FTC Non-Compete Ban

Judge Ada Brown of the U.S. District Court for the Northern District of Texas on Tuesday struck down the Federal Trade Commission’s (FTC) pending ban on non-compete covenants, concluding that the issuance of the FTC’s Rule (“the…more

Administrative Procedure Act, Appeals, Confidential Information, Employees, Employer Liability Issues

See all updates »

Lauren Schuster

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

See all updates »

Hannah Schwartz

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

See all updates »

Sean Scullen

Employers Must Disclose Pay Ranges in Job Postings in California

On September 27, 2022, California Governor Newsom signed SB 1162 (the “Act”) into law, requiring employers with 15 or more employees to disclose salary ranges on their job postings. California is the latest jurisdiction to join…more

Disclosure Requirements, Employer Liability Issues, Pay Transparency, State Labor Laws, Wage and Hour

See all updates »

Andrea Seach

DEA Publishes Notice of Proposed Rulemaking to Reschedule Marijuana from Schedule I to Schedule III

The United States Drug Enforcement Administration (“DEA”) published a notice of proposed rulemaking to reschedule marijuana from schedule I of the Federal Controlled Substance Act (“CSA”) to schedule III. As a reminder, schedule…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Food and Drug Administration (FDA)

See all updates »

Brenda Maloney Shafer

Alabama Bill Rewriting Pharmacy Practice Act Clears Senate Hurdle

As detailed in our February 24, 2025 update, House Bill 123 continues the operations of the Alabama Board of Pharmacy (“the Board”) until October 1, 2026, with changes to the Board’s structure, operations, and practices…more

Alabama, Government Agencies, Healthcare, Penalties, Pending Legislation

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Emily Shircel

The Top Five H-1B Cap Post-Season Considerations for Employers

Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY…more

Employees, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Alexandra Shortridge

2024 Wisconsin Insurance Case Law Update

Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you…more

Appeals, Appraisal, Breach of Contract, Consumer Insurance Products, Contract Terms

See all updates »

Sarah Sise

IRS Releases 2025 Limits for Benefit Plans

The Internal Revenue Service has released cost of living increase numbers for many retirement and welfare plan limits for plan years commencing in 2025. Elective deferrals to 401(k) and 403(b) plans increased from $23,000 to…more

401k, 403(b) Plans, Compensation & Benefits, Contribution Limits, Cost-of-Living Adjustment (COLA)

See all updates »

Samantha Skenandore

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Native American Issues

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Christopher Skey

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply

The Illinois General Assembly recently enacted legislation, which the Illinois governor signed into law, that addresses county-level regulation over the siting and zoning of larger solar and wind projects. Among other things,…more

Energy Projects, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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Alexander Snyder Pharm.D.

FDA Releases Declaratory Order Regarding Tirzepatide Shortage

The FDA released a Declaratory Order on December 19th re-evaluating and essentially re-instituting its previous position on the tirzepatide shortage, declaring the shortage resolved. As a bit of history, on October 2, 2024 the…more

Drug Compounding, Food and Drug Administration (FDA), Healthcare, Manufacturers, New Guidance

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Grant Sovern

USCIS Announces Premium Processing Expansion for F-1 OPT and STEM OPT EAD Applications

The U.S. Citizenship and Immigration Service (USCIS) has announced an expansion of "premium processing" for F-1 foreign students who are seeking employment authorization related to Optional Practical Training (OPT) and science,…more

F-1 Visa, Foreign Nationals, Immigration Procedures, OPT, STEM

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Matthew Splitek

The Demise of Chevron: End of an Era or More of the Same?

In a pair of 6-3 decisions issued Friday and Monday, the U.S. Supreme Court dealt back-to-back blows to the administrative state. First, it ruled on Friday in Loper Bright that federal courts can no longer defer to federal…more

Administrative Authority, Administrative Procedure Act, Administrative Proceedings, Chevron, Chevron Deference

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Madison Stark

Summary: HB 2617’s Amendments to Existing Arizona Homestead Exemption & Judgment Lien Laws

HB 2617 is significantly altering the Arizona homestead exemption laws on December 31, 2021. Under current law, up to $150,000 in equity proceeds in a debtor’s home is exempt from collection by creditors. Additionally, the…more

Amended Legislation, Arizona, Consumer Bankruptcy, Creditors, Debtors

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Jason Stavely

Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a…more

Civil Rights Act, Employee Transfers, Employees, Employer Liability Issues, Employment Discrimination

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Grace Stewart

Protecting the Product: Beauty Products

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating into…more

Cosmetics, Design Patent, Intellectual Property Protection, Manufacturers, Patent Infringement

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Jonathan Stone

Patent Fee Changes at the USPTO: What You Need to Know

The United States Patent and Trademark Office (USPTO) has issued a final rule substantially adjusting patent fees. The new fee structure will take effect on January 19, 2025…more

Application Fees, Filing Fees, Intellectual Property Protection, Patent Applications, Patent Filings

See all updates »

Ashley Strait

DEA Issues New Regulation Formalizing Black Bag Exception for Veterinarians

The Drug Enforcement Administration (DEA) recently issued a new regulation codifying provisions of the Veterinary Medicine Mobility Act of 2014 (VMMA). The VMMA, which was signed into law in 2014, allows a veterinarian to…more

Animal Drugs, Controlled Substances, DEA, Drug Distribution, New Regulations

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Michael Sullivan

Key New Laws Affecting California Employers in 2024

Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers…more

Adverse Employment Action, California, Employee Benefits, Employees, Employer Liability Issues

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Theodore Sullivan

FDA Issues Broad Exemptions from DSCSA Enhanced Drug Distribution Security Requirements

On October 9, 2024, the Food and Drug Administration (“FDA”) issued a document that provides exemptions to the enhanced drug distribution security requirements (enhanced requirements) required by section 582(g) of the Food,…more

Drug Distribution, DSCSA, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA)

See all updates »

Patrick Taylor

Supply Chain Survival Series: Overview of the UCC’s Statute of Limitations for Breach of Contract Claims (Article #15)

Previously, in Article #14 (Remedies for Breach of Contract) of our Supply Chain Survival Series, we discussed the common legal remedies available to a non-breaching party in a contract dispute. However, one important limitation…more

Breach of Contract, Commercial Litigation, Contract Terms, Damages, Litigation Strategies

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Wakaba Tessier

FDA Publishes Final Rule on Regulation of Lab-Developed Tests

On May 6, 2024 the FDA published its much-anticipated Final Rule on Lab-Developed Tests (“LDTs”) to make explicit that in vitro diagnostic products (“IVDs”) are devices under the Federal Food, Drug, and Cosmetic Act (“FD&C Act”)…more

Clinical Laboratories, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), Healthcare

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Pilar Thomas

DOE Announces Availability of $225 million for Tribal Home Electrification Program

On November 17, 2023, the Department of Energy Office of State and Community Energy Programs (DOE OCEP) announced the final program requirements for the Tribal Home Electrification and Appliance Rebates Program (the “Tribal Home…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Federal Funding

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Evan Thomsen

Personal Injuries, Treble Damages and Attorney’s Fees: The Supreme Court Approves Civil RICO Actions Resulting from Personal Injuries

Under the Racketeer Influence and Corrupt Organizations Act (RICO), an individual can bring a civil action for an injury to the individual’s business or property caused by a RICO violation (referred to as “civil RICO”). 18…more

Attorney's Fees, Business Litigation, Commercial Truck Drivers, Drug Testing, Employees

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William Toman

States Adopt NAIC Model Bulletin on Insurers’ Use of AI

State regulators are taking action on the use of artificial intelligence in insurance. To date, nearly a dozen states have adopted some form of the National Association of Insurance Commissioners (NAIC) Model Bulletin on the Use…more

Algorithms, Artificial Intelligence, Insurance Regulations, Internal Controls, Machine Learning

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Elizabeth Trachtman

Texas Federal Judge Strikes Down FTC Non-Compete Ban

Judge Ada Brown of the U.S. District Court for the Northern District of Texas on Tuesday struck down the Federal Trade Commission’s (FTC) pending ban on non-compete covenants, concluding that the issuance of the FTC’s Rule (“the…more

Administrative Procedure Act, Appeals, Confidential Information, Employees, Employer Liability Issues

See all updates »

Joel Tragesser

A Rare Hole-in-One for Copyright Protection?

A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners…more

Architects, Architectural Copyrights, Copyright, Copyright Infringement, Copyright Litigation

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Susan Brichler Trujillo

Part D Pharmacies Required to Enroll in Data Exchange Module to Help Drug Price Negotiation Cash Flow Issue

On April 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) published the Contract Year 2026 Policy and Technical Changes Final Rule which amends the regulations governing various Medicare programs, including the…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Health Insurance, Healthcare

See all updates »

Nneka Umeh

The Top 5 Things to Keep in Mind While Cooperating with an ICE or FDNS Visit

Immigration authorities have several functions that may bring them to a business to conduct immigration and employment-related investigations. As the government prioritizes these investigative functions, it is important for…more

Audits, Department of Homeland Security (DHS), Employees, Employer Responsibilities, Employment Policies

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Paul Valentine

IRS to Issue Opportunity Zone Compliance Letters

On April 12, 2022, the Internal Revenue Service announced that taxpayers participating in the Qualified Opportunity Zone program who need to take additional actions would receive notice letters later in April. This announcement…more

Capital Gains, IRS, Opportunity Zones, Real Estate Investments, Tax Planning

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Tambryn VanHeyningen Ph.D.

Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

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Brenna Vargas

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of…more

Arbitrary and Capricious, Bostock v Clayton County Georgia, Colleges, Dear Colleague Letter, Department of Education

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Shaylynn Veeder

California Follows the Lead of Other States in Heightening the Scrutiny of Health Care Transactions

California is taking steps to broaden its regulatory oversight of health care related transactions, joining a growing list of states that have recently either attempted to or have been successful in enacting similar legislation…more

California, Factoring Transactions, Final Rules, Health Care Providers, Healthcare

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Jacqueline Vidmar

EPA Seeking Public Comment on Significant Revisions to the RMP Program

On August 31, 2022, the United States Environmental Protection Agency’s (EPA) proposed revisions to the Risk Management Program (RMP) regulations were published in the Federal Register, kicking off a 60-day public comment period…more

Chemicals, Comment Period, Environmental Protection Agency (EPA), Public Comment, Risk Management

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Bailey Walden

The California Legislature Revisits Limitations on and Oversight of PE Involvement in the Health Care Industry

Lawmakers in California remain dedicated to increasing oversight and placing limitations on private equity (PE) and hedge fund involvement in the health care industry. However, the jury is still out as to whether these new…more

California, Government Agencies, Health Care Providers, Healthcare, Hedge Funds

See all updates »

William Walden

Proposed Rules for the Illinois Equal Pay Act Create More Obligations and Confusion for Employers

As discussed in our previous alert, the Illinois legislature amended the State's Equal Pay Act to require businesses with more than 100 employees to obtain an Equal Pay Registration Certificate (“Registration Certificate”) from…more

Comment Period, Employer Liability Issues, Equal Pay, Pay Equity Laws, Pay Gap

See all updates »

Elizabeth Wamboldt

Introduction to AI and Current Hot Topics

Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture about…more

Algorithms, Artificial Intelligence, Bias, Infringement, Innovative Technology

See all updates »

Eric Wanner

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

See all updates »

Miranda Weiss

The New Florida Directed Trust Act

Florida recently enacted its version of the Uniform Directed Trust Act, which authorizes someone other than the Trustee (referred to as a Trust Director) to direct the Trustee to act or not to act. Florida is 1 of 15 states to…more

Fiduciary Duty, Florida, Investment Management, New Legislation, Trustees

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Rachel Weiss

Diving into the Washington My Health My Data Act - Part Ten: Operational Realities and Next Steps

This is Part Ten in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Security

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Jaya White

Illinois Proposes Licensure for Pharmacists-in-Charge of Nonresident Pharmacies

Illinois has joined other states in efforts to require licensure for individuals located outside of the state. In the December 15, 2023 Register, the Illinois Department of Financial and Professional Regulation (“IDFPR”)…more

Illinois, Life Sciences, Pharmaceutical Industry, Pharmacies

See all updates »

Michael Wieber

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements for…more

401k, 403(b) Plans, Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Data Privacy

See all updates »

Johanna Wilbert

Introduction to AI and Current Hot Topics

Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture about…more

Algorithms, Artificial Intelligence, Bias, Infringement, Innovative Technology

See all updates »

Brenna Wildt

Enjoined Before Effective: Revised Title IX Regulations Blocked in 15 States And Counting

As previously reported, the U.S. Department of Education published its highly-anticipated revised Title IX regulations on April 29, 2024. These regulations move away from the rigid procedural requirements mandated by the current…more

Colleges, Department of Education, Educational Institutions, Employees, LGBTQ

See all updates »

Joe Wilson

Illinois Regulators Take First Steps to Implement Illinois’ Recently-Enacted, Wide-Ranging Energy Legislation

This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA)…more

Carbon Emissions, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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Julia Wischmeier

Using Text Messages for Marketing? Proceed with Caution in Florida

Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a tumultuous…more

Advertising, Auto-Dialed Calls, Florida, Marketing, Marketing Perspectives

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Jeffrey Wolf

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Employees

See all updates »

Jason Wood

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real…more

Colorado, Construction Project, Department of Water Resources, Economic Development, Environmental Policies

See all updates »

Monica Wright

Appellate Court Dismissal on Suit regarding Life-Prolonging Care

On August 20, 2023, an Indiana Appellate Court dismissed a suit regarding allegedly negligent life-prolonging care rendered to a nonagenarian patient, who could not herself consent. Plaintiff’s complaint alleged that the…more

Appellate Courts, Do Not Resuscitate (DNR), Health Care Providers, Healthcare, Healthcare Facilities

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Kim Marie Wynn

Key Takeaways for Borrowers and Banks in the Wake of SVB and Signature Bank Failures

As outlined in our previous client alert relating to the current banking environment in the wake of SVB's failure and FDIC receivership, and notwithstanding the apparent stabilization of the banking industry and financial…more

Banking Crisis, Banks, Borrowers, Consumer Financial Products, Deposit Accounts

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Christian Yingling

National Labor Relations Board Will Scrutinize Employee Handbook Policies Under New Standard

The National Labor Relations Board (Board) on August 2, 2023 announced a new and intrusive standard for evaluating whether many commonplace work rules and employee employment handbook provisions actually violate the National…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations

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Ami Zaveri

Privacy Priorities for 2024 (and Beyond)

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon…more

Algorithms, Artificial Intelligence, Data Privacy, Data Processing Rules, Data Protection

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Lauren Zenk

Supply Chain Survival Series: What is Breach of Contract (Article #12)

In previous articles, we’ve discussed how contracts are formed and what options may be available to you when it appears that your counterpart won’t perform its contractual obligations. Assuming your counterpart has failed to…more

Breach of Contract, Contract Terms, Installment Agreements, Supply Chain, Uniform Commercial Code (UCC)

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Li Zhu

China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and…more

China, Intellectual Property Protection, International Trademark Protection, Metaverse, Non-Fungible Tokens (NFTs)

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Kiel Zillmer

Legal Marketing Tactics or an Illegal Kickback Scheme? The Seventh Circuit’s Impending Decision on the Expansiveness of the Federal Anti-Kickback Statute

On December 4, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in USA v. Mark Sorensen, case number 24-1557, and it is now taking under advisement a case that could have widespread effects as to what…more

Anti-Kickback Statute, Appeals, Criminal Convictions, False Claims Act (FCA), Fraud and Abuse

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