Document(s) published by this organization: 206
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|NLRB Recess Appointments Found Unlawful by Supreme Court|
Terry L. Potter; Husch Blackwell LLP;
July 10, 2014, previously published on June 27, 2014The last year or so has not been a good one for the National Labor Relations Board (NLRB). Time and time again the courts have shot down the Board in a number of matters, including the Board’s notice posting rule, its attempt to modify its own election rules for processing representation...
|Dramatic Change to Scope of Anti-Dumping Duty Order Puts Many Importers at Risk|
Jeffrey S. Neeley, Robert D. Stang; Husch Blackwell LLP;
July 10, 2014, previously published on July 1, 2014In a scope ruling issued May 27, 2014, the U.S. Department of Commerce (“DOC”) found that four chests marketed as living room pieces were within the scope of the anti-dumping duty order on wooden bedroom furniture from the People’s Republic of China. The scope ruling was made at...
|Is Your Employment Application Legal?|
Michaelle L. Baumert; Husch Blackwell LLP;
July 9, 2014, previously published on June 24, 2014“Ban the Box” laws continue to crop up across the country. “Ban the Box” laws prohibit employers from inquiring about an applicant’s criminal history prior to the first or second interview or until an offer is made. While “Ban the Box” laws do not prevent...
|The Favorable Trends in Suspension and Debarment|
Elizabeth Sebesky; Husch Blackwell LLP;
July 9, 2014, previously published on July 6, 2014In its May 2014 report, the GAO found that the total number of contractor suspension and debarment actions continues to rise, more than doubling from 1,836 in FY 2009 to 4,812 in FY 2013. At a high level, the increase in suspension and debarments tracks the dramatic rise in federal contract...
|New FDA Current Good Manufacturing Processes Rule Expected for Animal Food Manufacturers|
Diane J. Romza-Kutz, Fredric E. Roth; Husch Blackwell LLP;
July 9, 2014, previously published on July 3, 2014As part of the Food Safety Modernization Act (FSMA) passed in March of 2011, the FDA was given a mandate to update its regulations to create a new set of regulations/rules that enables it to prevent the introduction of adulterated food into the human and animal food supply in the U.S., as opposed...
|Is One Really Better Than Many? The Unified Medical Staff Conundrum|
Wakaba Y. Tessier; Husch Blackwell LLP;
July 8, 2014, previously published on July 1, 2014The Centers for Medicare & Medicaid Services (CMS) published its final revisions (“Final Rule”) to the Medicare Conditions of Participation (CoPs) on May 12, 2014. Among other things, CMS proposed to revise its current interpretation of the hospital medical staff composition at 42...
|Unmanned Aircraft Systems Regulatory Update: Federal Audit Outlines Significant Obstacles to the Safe Integration of Unmanned Aircraft Systems into the National Airspace System|
Charles D. "Chip" Nottingham; Husch Blackwell LLP;
July 8, 2014, previously published on July 1, 2014Congress received a comprehensive audit report this week focused on the Federal Aviation Administration’s (FAA) progress integrating Unmanned Aviation Systems (UAS) into the National Airspace System (NAS). The audit report by the U.S. Department of Transportation’s (USDOT) Office of...
|U.S. Supreme Court Clarifies First Amendment Citizen Speech Protections for Government EmployeesClarifies First Amendment Citizen Speech Protections for Government Employees|
Curtis R. Summers; Husch Blackwell LLP;
July 1, 2014, previously published on June 26, 2014On June 19, 2014, the U.S. Supreme Court handed down its decision in Lane v. Franks, a case closely watched by public employers, institutions of higher education, and employment lawyers. The case is about First Amendment-protected speech for government employees and qualified immunity for...
|California Supreme Court to Decide Whether Organic Regulations Preempt State Consumer Labeling Claims|
Gene Summerlin; Husch Blackwell LLP;
June 26, 2014, previously published on June 10, 2014In Quesada v. Herb Thyme Farms, Inc., the California Court of Appeals held that state law labeling and deceptive trade practices claims arising from alleged mislabeling of organic products were preempted by the National Organic Program. The plaintiff sought review by the California Supreme Court...
|The Food Fight Continues: POM Wonderful’s Lanham Act Claim Not Barred by Food Labeling Regulations|
Michael R. Annis, Christopher M. Bikus, Megan R. Galey; Husch Blackwell LLP;
June 26, 2014, previously published on June 17, 2014Last Thursday (June 19), the U.S. Supreme Court unanimously decided that the federal Food, Drug and Cosmetic Act (“FDCA”) does not preclude POM Wonderful’s deceptive labeling claims under the Lanham Act against Coca-Cola. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at...