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USCIS to Begin Accepting Cap-Based H-1B Petitions for 2020 on April 1, 2019

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H-1B petitions for FY 2020 will start being accepted on April 1, 2019. So, if you are an employer who is considering hiring a foreign national, now is the time to prepare the visa application. H-1B is the visa status for foreign temporary professional workers filling specialty occupations, which are those that require at least a bachelor’s degree or the Read More

Federal Circuit Court Requires Separate Federal and State Disclosure Notices for Background Checks

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In a decision that could have nationwide implications for how employers conduct background checks, the 9th Circuit Court of Appeals recently held in Gilberg v. California Check Cashing Stores, LLC that a background check disclosure form violates the federal Fair Credit Reporting Act (FCRA) if it includes any extraneous information relating to any state background check disclosure requirements. The FCRA and the Read More

Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA

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The Third Circuit recently concluded that the owner of a remediated site could be liable under Section 107(a) of CERCLA for remediation costs incurred prior to its acquisition of the property. Pa. Dep’t of Envtl. Prot. v. Trainer Custom Chem. LLC 906 F.3d 85 (3d Cir. 2018). The case is noteworthy not only because of the significant implications for property owners and developers, but also because Read More

Illinois Rings in 2019 With New Employment Laws

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As we welcome 2019, the following is a recap of new laws affecting Illinois employers. Illinois Human Rights Act The Illinois Human Rights Act (IHRA) now requires all Illinois employers to advise employees of their right to be free from harassment, discrimination, and retaliation in the workplace. Read more on Gould & Ratner's Human Resources Law Blog. Read More

Use of Arbitration In Place of Inter Partes Review Proceedings

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An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners. An inter partes review (IPR) might be more efficiently accomplished through arbitration than an IPR through a Patent Trial and Appeal Board (PTAB) proceeding, so it should be considered by practitioners. An IPR Arbitration process can be completed in less time Read More

The California Consumer Privacy Act: Five Ws and an H

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Not long after the EU General Data Protection Regulation implementation date, the California state legislature enacted the California Consumer Privacy Act (the “CCPA”). The CCPA was later amended on September 23, 2018; just in time to make it on your business’s New Year’s resolutions list! Although the law will not go into effect until January 1, 2020, the hastily passed Read More

KEY LOCAL AGENCY TRANSPARENCY RULES APPLY TO CHARTER SCHOOLS, ACCORDING TO ATTORNEY GENERAL

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After seven years of consideration, the California Attorney General recently issued his opinion that longstanding local agency laws require charter schools to comply with the open meeting and records rules of the Brown Act and Public Records Act, and the conflict of interest disclosure and restrictions of the Political Reform Act.  For the vast majority of charters in the state, Read More

Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility

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The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to Read More

WHAT U.S. COMPANIES NEED TO KNOW ABOUT FOREIGN ARBITRATION AWARDS BEFORE PARTNERING WITH A FOREIGN COMPANY

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As U.S. companies increasingly do business with foreign companies, many are discovering that their operations could be put at significant financial risk based on an arbitration conducted in a foreign country. Whatever familiarity an in-house general counsel may have with conducting corporate litigation in U.S. courts, they may not be prepared for the fact that an arbitration award against them Read More