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Building A Case For Copyright Infringement: When Copying Someone’s Work Goes From Flattery To Liability In The Western District Of Texas

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Kipp Flores Architects (KFA) brought a copyright infringement lawsuit against Pradera SFR (Pradera), American Housing Ventures (AHV), and KTGY in the US District Court of the Western District of Texas. KFA alleged the unlawful distribution of its copyrighted architectural design, contending that AHV either copied KFA’s works or induced Pradera and KTGY to do so….
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NLRB General Counsel Issues Guidance On Non-Disparagement And Confidentiality Provisions In Severance Agreements

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The National Labor Relations Board (“NLRB”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or confidentiality clauses violate the rights of employees under the National Labor Relations Act (“NLRA”), Section 7. The NLRB held that such clauses interfere with employees’ rights to assist co-workers or…
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Finra Issues New Guidance On Acats Fraud

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On March 28, 2023, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 23-06 addressing the “recent trend[s] in the fraudulent transfer of customer accounts through the Automated Customer Account Transfer Service (ACATS).” ACATS is an automated transfer system developed by the National Securities Clearing Corporation (NSCC). It allows eligible participants to automatically initiate, review,…
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Doj Files Complaint Against Norfolk Southern For Ohio Derailment

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On March 30, 2023, the United States Department of Justice (“DOJ”) filed suit against railway operator Norfolk Southern Corporation for violations under the Clean Water Act (“CWA”) and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in connection with a train derailment in East Palestine, Ohio. The February 3, 2023, derailment resulted in at…
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Epa Proposes New Primary Drinking Water Standards For Certain Pfas Chemicals Under The Safe Drinking Water Act

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On March 14, 2023, the EPA announced proposed National Primary Drinking Water Regulations for six PFAS chemical compounds. The rule would limit the amount of PFOA perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to four parts per trillion (or ng/L) in drinking water across the nation.  Perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA,…
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Appeals Court Of Massachusetts Applies Statute Of Repose To Dismiss Counts For Negligence, Breach Of Contract, And Indemnification Because Negligence Was At Issue In Each Count

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In Univ. of Massachusetts Bldg. Auth. v. Adams Plumbing & Heating, Inc., 102 Mass. App. Ct. 1107 (2023), the Appeals Court of Massachusetts upheld the dismissal of the Plaintiffs’ claims because negligence was at issue in each count and thus barred by the Massachusetts’ statute of repose. In 2013, the University of Massachusetts Building Authority…
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Supreme Court Rules Employees Paid Daily Rate Are Entitled To Overtime

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On February 22, 2023, the U.S. Supreme Court affirmed a decision from the Fifth Circuit Court of Appeals that an employee earning a daily rate is not exempt from overtime pay under the Fair Labor Standards Act (“FLSA”). See Helix Energy Sols. Grp., Inc. v. Hewitt, 143 S. Ct. 677 (2023). In its 6-3 decision,…
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3m Will Discontinue Pfas Manufacturing

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On December 20, 2022 3M, Inc. announced it would discontinue manufacturing of per and polyfluoroalkyl substances (“PFAS”) by the end of 2025. 3M is one of the world’s largest manufacturers of PFAS, accounting for $1.3 billion in annual sales revenue. 3M plans to scale down its PFAS manufacturing prior to the 2025 discontinuation date. PFAS…
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Finra Suspends Two New York Registered Representatives For Violating Regulation Best Interest

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The Financial Industry Regulatory Authority (FINRA) is ramping up enforcement against registered representatives who violate the Best Interest Obligation of the SEC’s Regulation Best Interest (“Reg. BI”).  In February 2023, FINRA announced that it had disciplined two New York-based registered representatives for violating Reg BI.  Tony Cirella and Edward Scott Short, both of the Melville,…
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Supreme Court Of Texas Applies Arbitration Clause In Purchase Agreement Against Non-Signatory Minor Children Under Direct Benefit Estoppel Theory

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In Taylor Morrison of Texas, Inc. v. Skufca as Next Friend of KSX, the Supreme Court of Texas determined minor children who join their parents as plaintiffs in breach of contract claims based on construction defects in the home they resided in may be subject to arbitration clauses within the applicable purchase agreement based on…
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