Late last night, the Senate Finance Committee voted its massive tax overhaul bill out of committee, retaining Production Tax Credits (PTC) important to the wind industry. The House version, which cleared the lower chamber earlier in the day, significantly scaled back these credits.After taking a week off to celebrate the Thanksgiving holiday, the full Senate is expected to take up the legislation the week of November 27th. View Full Post
Pretty much every state that’s dealt with an unregulated medical cannabis program has had to face the issue of what to do when heavily regulated adult use cannabis is introduced. In pretty much all of the West Coast states, you have had medical cannabis programs for qualified patients that revolve around an opaque “collective” model whereby patients are supposed to come together to pool resources to cultivate and distribute cannabis for medical use (via a physician or health care provider recommendation) among themselves and/or their caregivers. View Full Post
Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term. Dykes on Bikes is a nonprofit lesbian motorcycle organization.  According to their website, the group’s mission is to “support philanthropic endeavors in the lesbian, gay, bisexual, transgender, and women’s communities, and to reach out to empower a community of diverse women through rides, charity events, Pride events, and education.”  In 2015, Dykes on Bikes tried to register their logo as a service mark for entertainment.  View Full Post
Pudlowski v. St. Louis Rams, LLC, 2016 WL 3902660 (8th Cir. July 19, 2016). The United States Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) reversed an order remanding the action to the Missouri State Court (“State Court”), finding that the United States District Court for the Eastern District of Missouri (the “District Court”) erred by declining to consider defendants’ post removal affidavits. View Full Post
A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for gender discrimination under the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). View Full Post