McDermott+ Check-Up: October 24, 2025

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McDermott+ Check-Up: October 24, 2025 McDermott+ Check-Up: October 24, 2025

THIS WEEK’S DOSEGovernment shutdown drags on. The shutdown will last into next week, if not longer..
Feature — Top Intelligence Provider for Investment Banks and Corporate Law Firms Predict Signals.. Feature — Top Intelligence Provider for Investment Banks and Corporate Law Firms Predict Signals..

The consolidation story financial services keeps telling itself is pointed at the wrong sub-sectors...
O-1 Visa Transfer: How to Transfer Your O-1 Visa to a New Employer O-1 Visa Transfer: How to Transfer Your O-1 Visa to a New Employer

O-1 status is tied to one specific petitioner: the U.S. employer or agent who filed Form I-129 on..
Economic Substance Has Drawn Renewed IRS Attention Economic Substance Has Drawn Renewed IRS Attention

The economic substance doctrine is a judicial anti-abuse rule—traceable to Gregory v...
Digital Asset Update- CLARITY Act Takes Another Step Forward Digital Asset Update- CLARITY Act Takes Another Step Forward

The Digital Asset Market Clarity Act (H.R. 3633) (the CLARITY Act) took another important step..
The Top 5 USERRA Traps and How to Avoid Them [Podcast] The Top 5 USERRA Traps and How to Avoid Them [Podcast]

In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and ..
Keyword Bidding Alone Doesn’t Constitute Trademark Infringement Keyword Bidding Alone Doesn’t Constitute Trademark Infringement

Addressing trademark infringement arising from online advertising, the US Court of Appeals for the..
Privacy Tip #503 – Read This Before You Upload Medical Information into an AI Tool Privacy Tip #503 – Read This Before You Upload Medical Information into an AI Tool

The current statistics on how many people upload their medical information into a generative AI..
Data Brokers Beware: California Settlement Highlights Risks in High-Friction Opt-Out Processes Data Brokers Beware: California Settlement Highlights Risks in High-Friction Opt-Out Processes

California’s privacy regulator just sent a clear message to the data broker ecosystem: compliance..
HOT OFF THE PRESSES–AGAIN! – CalPrivacy Announces Second Data Broker Enforcement Action in Less.. HOT OFF THE PRESSES–AGAIN! – CalPrivacy Announces Second Data Broker Enforcement Action in Less..

CalPrivacy just issued its 2nd press release this week about a Data Broker Enforcement Action. The..
Retirement and Business Succession Planning for Registered Investment Advisors Retirement and Business Succession Planning for Registered Investment Advisors

Many investment advisor firm owners spend decades building trusted client relationships but wait..
California’s DROP Enforcement Phase Is Live California’s DROP Enforcement Phase Is Live

HighlightsCalifornia’s Delete Act imposes a $200-per-request, per-day penalty, with no fixed..
USPTO Appeals Review Panel Reaffirms Broad Reach of Double Patenting Doctrine USPTO Appeals Review Panel Reaffirms Broad Reach of Double Patenting Doctrine

In a recent sua sponte rehearing decision from the United States Patent and Trademark Office’s..
O-1A Case Study: Visa Approval for Aerospace Engineer & Startup Founder from Taiwan O-1A Case Study: Visa Approval for Aerospace Engineer & Startup Founder from Taiwan

Aerospace EngineerColombo & Hurd secured an O-1A approval for a mechanical and aerospace engineer..
EU Packaging and Packaging Waste Regulation Begins to Apply August 12, 2026; Public Comment.. EU Packaging and Packaging Waste Regulation Begins to Apply August 12, 2026; Public Comment..

On August 12, 2026, the European Union’s (EU) Packaging and Packaging Waste Regulation (PPWR) will..
Federal Circuit Pulls the Plug on Injunction Over Claim Construction Error Federal Circuit Pulls the Plug on Injunction Over Claim Construction Error

On Tuesday of last week, the Federal Circuit gave Import Global a second chance in district court,..
China’s Supreme People’s Court Clarifies That Seed Sales After Variety Right Expiration Can Still.. China’s Supreme People’s Court Clarifies That Seed Sales After Variety Right Expiration Can Still..

(2026) 最高法知民终51号 — decided April 3, 2026; published August 4, 2026The Intellectual Property Court..
GAO Overturns Award After VA Credits Awardee for Work It Never Performed GAO Overturns Award After VA Credits Awardee for Work It Never Performed

In Veros Real Estate Solutions, LLC, B-423965.2, et al, July 22, 2026, the Government..
Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers [Video] Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers [Video]

What employers should know about key developments this week:DOL Opinion Letter FLSA2026-9: The U.S. ..
You Can’t Figure Out the Lots Later: A Drafting Lesson for Homebuilders and Developers You Can’t Figure Out the Lots Later: A Drafting Lesson for Homebuilders and Developers

The Texas Business Court recently handed developers and builders a useful reminder—if you’re going..
Rise in IP Litigation Brings Patent vs. Trade Secret Strategy Back Into Focus Rise in IP Litigation Brings Patent vs. Trade Secret Strategy Back Into Focus

Key TakeawaysPatent and trade secret protection solve different IP strategy problems, with patents..
HOT OFF THE PRESSES: CalPrivacy Brings First Action Against a Data Broker Under Both the CCPA and.. HOT OFF THE PRESSES: CalPrivacy Brings First Action Against a Data Broker Under Both the CCPA and..

CalPrivacy issued the following in a press release.The California Privacy Protection Agency Board..
NYC’s New Pied-à-Terre Tax: What Property Owners Need to Know NYC’s New Pied-à-Terre Tax: What Property Owners Need to Know

On July 22, 2026, New York City began formally implementing a new annual surcharge, referred to as..
Compliance Check-In: DEI Training Programs Should Be Low Risk, but Pay Attention to the Content Compliance Check-In: DEI Training Programs Should Be Low Risk, but Pay Attention to the Content

At this point, all employers should be aware of the heightened risks arising from maintaining DEI..
Chancery Clarifies Nuances of Implied Covenant of Good Faith and Fair Dealing Chancery Clarifies Nuances of Implied Covenant of Good Faith and Fair Dealing

A recent Delaware Court of Chancery decision is required reading for anyone who wants to understand ..
Republicans Gain 3-1 Majority on National Labor Relations Board Republicans Gain 3-1 Majority on National Labor Relations Board

On Friday August, 7, 2026, the U.S. Senate confirmed two nominees to the National Labor Relations..
Subchapter V Surge: What Florida Trade Creditors and Lenders Need to Know About the New Small.. Subchapter V Surge: What Florida Trade Creditors and Lenders Need to Know About the New Small..

Florida lenders and trade creditors are confronting a rapidly shifting landscape in small business..
SBIR Phase III Bid Protests- What Strategi Consulting v. U.S. Means for Government Contractors SBIR Phase III Bid Protests- What Strategi Consulting v. U.S. Means for Government Contractors

In Strategi Consulting, LLC v. United States, the U.S. Court of Federal Claims recently held that a ..
Weekly Bankruptcy Alert August 10, 2026 (For the Week Ending August 9, 2026) Weekly Bankruptcy Alert August 10, 2026 (For the Week Ending August 9, 2026)

Covering reported business bankruptcy filings in Massachusetts, Maine, New Hampshire, and Rhode..
Lien on Me: Quirks That Make Virginia’s Mechanic’s Lien Law One of a Kind Lien on Me: Quirks That Make Virginia’s Mechanic’s Lien Law One of a Kind

Every state gives contractors, subcontractors, and suppliers some form of lien right when they..
Chancery Explains 21 Reasons Why an LLC Is Not Purely a Creature of Contract Chancery Explains 21 Reasons Why an LLC Is Not Purely a Creature of Contract

A recent Delaware Court of Chancery decision identified more than 21 reasons why an LLC is..
ECHA Seeks Stakeholder Feedback on Draft List of 700 Candidate Substances of Concern (SoCs) under.. ECHA Seeks Stakeholder Feedback on Draft List of 700 Candidate Substances of Concern (SoCs) under..

Companies that manufacture packaging or packaging materials for the European Union market should..
EB-2 NIW Case Study: Approval for an Agricultural Engineer from Colombia EB-2 NIW Case Study: Approval for an Agricultural Engineer from Colombia

Agricultural EngineerColombo & Hurd secured approval of an EB-2 National Interest Waiver..
Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit

A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that..
FDA Denies Request for Public Hearing on Repeal of Authorizations for FD&C Red No. 3 FDA Denies Request for Public Hearing on Repeal of Authorizations for FD&C Red No. 3

Today FDA rejected an objection and request for a public hearing on the Agency’s final order to..
Irreparable Harm? Don’t Bury Your Trade Secret Irreparable Harm? Don’t Bury Your Trade Secret

The US Court of Appeals for the Eighth Circuit affirmed the denial of a preliminary injunction,..
New DOL Opinion Letters Offer Employer Guidance on Compensable Travel Time New DOL Opinion Letters Offer Employer Guidance on Compensable Travel Time

TakeawaysTwo DOL opinion letters explain how “mid-day” commuting for hybrid workers who voluntarily ..
The Exit Exam: Check the Computer Before They Walk Out the Door The Exit Exam: Check the Computer Before They Walk Out the Door

Act Fast to Protect Your Intellectual PropertyWhen an employee leaves, most employers focus on the..
New York Enacts First Statewide Moratorium on Data Centers New York Enacts First Statewide Moratorium on Data Centers

On July 14, 2026, through Executive Order No. 62, New York Governor Kathy Hochul imposed a..
THE POWER OF CLICKING CONTINUE: Northern District of California Enforces Arbitration Agreement on.. THE POWER OF CLICKING CONTINUE: Northern District of California Enforces Arbitration Agreement on..

Hi, CIPAWorld! Kelly Sandberg here, with a case on how website’s arbitration agreements should..
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