Federal Court Doesn’t Buy EPA’s Argument that eBay is a Seller; Marketplace Websites are Immune from Environmental Liability Under the Communications Decency Act
Texas Law Blog
by Daniel Bosch
3w ago
Late last month, the U.S. Eastern District of New York dismissed a suit by the U.S. Environmental Protection Agency (“EPA”) against eBay claiming that it sold products that are prohibited under federal environmental statutes.[1] The Court held that eBay is not a “seller” of prohibited products under either the Clean Air Act (“CAA”) or the ..read more
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Medicare: New Penalties for Failure to Report Effective October 11, 2024
Texas Law Blog
by Laura Rahman
1M ago
As of October 11, 2024, entities responsible for reporting settlements, judgments or awards for Medicare beneficiaries face new monetary penalties if they fail to timely report these resolutions, activating a new final rule from December 2023. The Medicare, Medicaid and SCHIP Extension Act of 2007 set forth mandatory reporting requirements, stating that responsible reporting entities ..read more
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Swifties, Seamheads, and Senators Unite Around Fans First Act
Texas Law Blog
by Alasdair Roberts
1M ago
For years, fans who want to see their favorite performers and teams have been faced with the luck of the draw or the challenge of negotiating the secondary ticket market. Therefore, ticket reselling is big business. The challenges encountered by fans purchasing tickets for Taylor Swift’s Eras Tour and the exorbitant resale prices for those ..read more
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Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?
Texas Law Blog
by David Whitaker, Sonny Chastain, Mary Love, Chris Dippel and Karen Morgan
1M ago
In order to classify employees as exempt from overtime pay requirements, employers may rely on the so-called “white-collar” exemptions available for administrative, executive, and professional employees. In addition to meeting the job duties test of each exemption, employers are required to pay a guaranteed minimum salary specified in Department of Labor regulations. At the start ..read more
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Federal Court Halts Ban on Liquefied Natural Gas (LNG) Exports
Texas Law Blog
by Benn Vincent, Matthew Smith, Sydney St. Pierre and Kelicia Raya
2M ago
Brief Introduction: On July 1, 2024, the Western District of Louisiana ruled in favor of the plaintiffs in the case, State of Louisiana et al. v. Joseph R. Biden Jr. et al. No. 2:24-CV-00406 (W.D. La. July 1, 2024), ordering that the Biden Administration’s ban on the export of liquified natural gas (LNG) be stayed in its ..read more
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Federal Trade Commission Non-Compete Rule Set Aside – Nationwide Effect
Texas Law Blog
by Chelsea Caswell
2M ago
As previously reported, on April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from entering into non-compete agreements with their workers, with few limited exceptions (the “Rule”). The Rule was set to go into effect on September 4, 2024 ..read more
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U.S. 5th Circuit Upholds “Law of the Flag” in Latest International Maritime Dispute Saga
Texas Law Blog
by Farnaz Alms
3M ago
On May 1, 2024, the U.S. 5th Circuit reversed an Eastern District of Louisiana decision based on a differing interpretation and application of the Supreme Court’s Lauritzen-Rhoditis factors; holding that the law of the flag state governed the injured mariner’s maritime law claims against the vessel operator. In Ganpat v. Eastern Pacific Shipping PTE, Ltd ..read more
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Navigating the Corporate Transparency Act: Organizational Documents Best Practices
Texas Law Blog
by Tim Robinson
3M ago
An estimated 32 million companies are now facing new compliance obligations due to the Corporate Transparency Act (“CTA”), which aims to enhance transparency in corporate ownership and curb money laundering, terrorism financing and other financial crimes. The CTA, which took effect on January 1, 2024, represents a significant shift in the ownership information reporting obligations ..read more
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The FTC Approves Final Rule that Bans Non-compete Agreements
Texas Law Blog
by Laura Kherkher
6M ago
On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule “shall supersede” all state laws, regulations, orders, and interpretations regarding non-competes, unless the state laws afford more protection to employees. Whether the rule will survive legal challenges remains unclear, but as the legal landscape concerning non-competes co ..read more
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New Federal Rule Expands Exemption for Solar Farms from Certain Environmental Permitting Requirements
Texas Law Blog
by Lauren Rucinski and Daniel Bosch
6M ago
Today, April 30, 2024, the U.S. Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementing procedures to revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems. Under the new rulemaking, environmental reviews will not automatically be required for projects related to solar installations. The rulemaking also adds a categorical exclusion for certain energy storage systems and adds flexibility for power grid powerline relocation. A categorical exemption (“CX”) is applicable where a federal agency, including the D ..read more
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