On February 26, 2025, the U.S. Supreme Court ruled in Dewberry Group, Inc. v. Dewberry Engineers Inc. that the Lanham Act’s trademark-infringement remedy of disgorgement of the defendant’s profits is limited to the profits of a named defendant only, and does not extend to affiliated entities who may also have profited from the defendant’s infringing conduct.
The United States District Court for the District of Delaware has revised a prior summary judgement order, broadly holding that a party seeking to train non-generative AI with protected works did not make a fair use of the material and was required to obtain a license. At issue here, the court found that Westlaw’s headnotes and KeyCite system were original, protectable works. The Court then found infringement because the training materials the defendant used to train its AI product copied Westlaw’s works, and because the use of non-generative AI did not amount to a transformative fair use.
Mark A. Christensen, a Senior Partner at the law firm of Cline Williams Wright Johnson & Oldfather, and NDCA 2023 Defense Counsel of the Year, is shifting the focus of his practice to mediation and arbitration. Mark began conducting mediations in 1995 and has successfully served as a mediator in personal injury, commercial litigation, estate and employment cases in Nebraska and throughout the region. Mark has served as an arbitrator in construction and employment disputes.
The U.S. Department of State (DOS) has released an update of the J-1 Exchange Visitor Skills List (“Skills List”) effective December 9, 2024. The J-1 visa is the most consistently used visa for postdoctoral fellows at U.S. universities, medical centers, and research organizations. Many U.S. institutions fill over half of their postdoctoral research positions with J-1 exchange visitors. The revised list removes a large number of countries and broadens opportunities for current or former J-1 nonimmigrants to remain in or return to the United States.
On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the U.S. Department of Labor's (DOL) final rule that increased the Fair Labor Standards Act’s (FLSA) salary level-threshold for the “white-collar” exemptions to overtime requirements. The court’s ruling applies nationwide to all employers who are subject to the FLSA.
Cline Williams is pleased to announce the firm has been recognized by Best Lawyers® "Best Law Firms" 2025. We received 19 rankings overall for the Lincoln and Omaha Metropolitan areas. 13 of the practice areas achieved first-tier metropolitan rankings and 6 received second-tier rankings.
Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. A firm must have at least one lawyer recognized in the latest edition of The Best Lawyers in America® to be eligible for "Best Law Firms".
On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published a proposed rule for a new OSHA standard: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
Currently, there is no specific standard that regulates heat stress hazards in the workplace. Rather, OSHA currently protects workers from heat risk under OSHA’s General Duty Clause. OSHA cites the need for a standard to protect workers from persistent and serious hazards posed by heat exposure, as fatalities due to environmental heat exposure have increased in recent years. Industries experiencing frequent hospitalizations and fatalities due to heat exposure include construction, manufacturing, landscaping, agriculture, and postal and delivery service. OSHA also identified certain risks which lead to heat exposure fatalities, such as leaving employees alone after heat exposure symptoms begin, a lack of water and shade on-site, and no programs to acclimatize employees to hot work environments.
On August 20, 2024, the United States District Court for the Northern District of Texas set aside the Federal Trade Commission’s (“FTC”) proposed ban on non-compete agreements, holding the FTC’s non-compete rule “shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.”
Cline Williams is proud to reveal that 34 of the firm's lawyers are listed in the Best Lawyers in America® 2025. Best Lawyers in America® are chosen through an extensive peer driven evaluation. Lawyers are recognized for their professional excellence in their area of practice. Best Lawyers: Ones to Watch, listed 7 of our attorneys. The listed lawyers, who are early in their careers, are recognized for their outstanding professional excellence in private practice.
Cline Williams is also proud to announce that four firm attorneys were selected for inclusion in the Best Lawyers in America® 2025 as “Lawyer of the Year” in their respective practice. They received this distinction based entirely upon peer ratings. Only a single lawyer in each practice area and designated metropolitan area is honored as a “Lawyer of the Year."
Cline Williams is honored to be ranked by the Chambers and Partners 2024 USA Guide. Nine attorneys in six Nebraska practice areas are being recognized. In addition, three of the firm’s practice groups are ranked.
