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Circana releases 2023 New Product Pacesetters

This year marked the 29th iteration of the New Product Pacesetters report from Circana. The 2023 New Product Pacesetters garnered a $6.1 billion in combined year-one sales across food, beverage and nonfood products, which was slightly less than the $7 billion achieved by 2022 Pacesetter sales.




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Circana report shows consumers’ pursuit of well-being

Market research firm Circana released its report “Tapping Into the Global Consumer Well-Being Opportunity,” where it identified ways consumers pursue their well-being across various sectors, including hydration and increased energy.




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Digital printing, user-friendly label equipment support circular economy

As consumer package companies are increasingly designing more products with sustainability in mind, experts note that within the label industry, more companies are recognizing the need for labeling equipment that also supports a circular economy.




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Circana releases mid-year 2024 food, beverage market outlook

Circana, an advisor on the complexity of consumer behavior, released new Circana Compass insights, providing a comprehensive update on the 2024 performance of the global retail food and beverage (F&B) industry and an outlook for 2025.




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Labeling materials adapt for a circular future

Within the beverage industry, when it comes to efforts that support sustainability and a circular economy, experts stress the importance of considering how label materials affect the recyclability of packaging.




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Clinical Validation in Dark Pigmented Individuals Finds CIRCUL™ Pulse Oximetry Ring Provides Reliable Oxygen Saturation Readings Addressing Potential Discrimination in Traditional Pulse Oximeters

CIRCUL™ Pulse Oximetry Wearable Technology Demonstrated Statistically Significant Correlation in Delivering Stable Oxygen Saturation Value in Dark-Pigmented Individuals




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ADAP Advocacy Association Circulates HIV Long-Acting Agents Policy, via its Newly Minted ADAP Injectables Advisory Committee

The Future is Now – Welcome to the Age of Injectables




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XpertDox Partners with Lone Star Circle of Care to Optimize Medical Coding Using AI

XpertDox teams up with Lone Star Circle of Care, a Federally Qualified Health Center (FQHC), to improve charge-entry lag, reduce days in accounts receivable, and increase billing and coding efficiency.




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Agriculture Technology Company, Re-Nuble Partners with Circular Materials Company, Cruz Foam to Create First Compostable, Circular Sourced Indoor Growing Media

Indoor growers will have access to a highly engineered, inert, fully-compostable grow media, eliminating food waste, creating an efficient closed-loop agriculture system and alleviating climate-related risks from current industry grow media types.




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Investopia 2024 holds 11 panel discussions exploring investment opportunities in the new economy, technology, circular and creative economy

Urgent need for investment in human capital, education, and infrastructure to address challenges for economic growth highlighted




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Lash Artist Jeannine Konkle Brings Lashtonic by Jeannine to Salon and Spa Galleria Mall Circle in Fort Worth, TX

As a special December promo, new clients can get a full lash set for $75.




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Marquis Who's Who Honors Lisa B. Lewis, BA, BFA, MA, for Expertise in the Circus Arts

Lisa B. Lewis, BA, BFA, MA, has dedicated her career to making circus entertainment available to everyone




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Trips and Ships Luxury Travel Recognized with Prestigious President's Circle Award by Travel Leaders Network for Second Consecutive Year

Trips and Ships Luxury Travel, a distinguished provider of premium and luxury travel experiences, proudly announces its receipt of the prestigious President's Circle distinction by Travel Leaders Network for the second consecutive year.




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Labcon and Polycarbin Partner to Advance a Circular Supply Chain for Laboratory Plastics

US laboratory products manufacturer partners with PolyCarbin to advance circularity in laboratory disposables market.




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Palomaresfany2 Now Accepting New Clients at Salon and Spa Galleria Mall Circle in Fort Worth, Texas

Maria Estefani Cano Palomares provides women's and girls' hair care and styling services, including cuts, wash/blowdry, color, highlights, balayage, permanents, and keratin treatments.




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Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




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9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus

A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC…




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Cashier Shot During Robbery Leads to OSHA Fines for Circle K

Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men…





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Squared Circle Pit #77 – Justin Whang talks old-school ECW and his favorite wrestlers

Internet sensation Justin Whang enters the Squared Circle Pit. He talks about his favorite wrestlers and metal bands growing up, staying up late to watch ECW, his thoughts on the […]




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Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

  • The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups.
  • The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or exceed the state’s police power, and is not unlawfully vague.




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Employer Takeaways From 2nd Circ. Equal Pay Ruling

Thelma Akpan and Katelyn McCombs discuss a U.S. Court of Appeals for the Second Circuit decision that reversed a long-held understanding of the Equal Pay Act and could have a significant effect on equal pay litigation.

Law360

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Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.




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2nd Circ. Fortifies Employer Defenses Against Attacks On DEI

After a recent Second Circuit decision curbed an ideological organization's ability to bring a case against a DEI program without proving someone had actually been harmed, Cindy-Ann L. Thomas said other courts will take note of the standing rationale.

Law360 Employment Authority

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Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act. The court also opined that the natural-disaster exception requires proof of proximate causation, not but-for causation.1




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What To Expect As 5th Circ. Mulls Broader NLRB Remedies

Alex MacDonald explains the key questions in the first test of a National Labor Relations Board ruling that threatens to make employers pay more to workers whose rights they violate.

Law360 Employment Authority

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Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.




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Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA). The court did not, however, find successor liability in this case because the acquiring company specifically did not acquire the facility or employees that triggered the liability.




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D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the assumptions used by a multiemployer defined benefit pension plan in calculating the amount of withdrawal liability owed by an exiting employer must reflect the actual and projected experience of the plan.




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First Circuit Creates New Fiduciary Duty Under ERISA for Insurers Accepting Group Premiums from Employers

  • First Circuit held that an insurer has a fiduciary duty under ERISA to verify individual employee eligibility for group benefit plan coverage at or near the time of enrollment.
  • Insurers can shift the duty of eligibility verification to employers through the plan’s language.




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Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process.

The Claims Review Regulations




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Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

  • The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.




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D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.  The D.C.




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5th Circuit Finds Religious Freedoms Supersede LGBTQ+ Protections

Alyesha Dotson weighs in on the 5th U.S. Circuit Court of Appeals’ ruling that private businesses with religious convictions don’t have to follow antidiscrimination laws that protect LGBTQ+.

SHRM Online

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11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the majority found the grant contest “substantially likely to violate” 42 USC Section 1981, a federal statute enacted as part of the Civil Rights Act of 1866 prohibiting private parties from racial discrimination in contracts.




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Third Circuit Holds Multiemployer Pension Fund Claim Cannot Be Enforced due to Unreasonable Delay in Providing Notice of Withdrawal Liability Assessment

In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment for 12 years.

Withdrawal Liability Assessments Under ERISA




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Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees must be paid under the Fair Labor Standards Act (FLSA). The Fifth Circuit found the Rule was inconsistent with the text of the FLSA, and was arbitrary and capricious. 




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Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

  • A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
  • In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major effect on the economics of its operations, but this right is not without limits.




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Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez




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Third Circuit's 'Johnson v. NCAA' Opinion: What It Means for College Athletics and Beyond

Andrea M. Kirshenbaum discusses how Johnson v. NCAA is noteworthy beyond the realm of college athletics for its expansive discussion of the FLSA.

The Legal Intelligencer

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Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute.  Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary.  At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot.  Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th




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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California

  • Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
  • Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.”




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Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.




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Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

  • The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act.
  • The Johnson decision creates a circuit split that could lead the United States Supreme Court to resolve this issue.
  • Colleges and universities could face substantial back pay claims from current and former college athletes based on Johnson.




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Missouri Appears to Have Approved Paid Sick and Safe Time Ballot Measure as Rumors of Potential Challenge Circulate

  • New statewide paid sick and safe time law would take effect on May 1, 2025.
  • Law would allow employers to limit annual use to either 40 or 56 hours, limit carryover to 80 hours, but is silent on accrual caps.
  • Notice obligations would begin before law takes effect.




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2nd Circ. OT Ruling On Pleadings Shapes Strategy A Year Out

Paul Piccigallo says the Second Circuit panel's unanimous ruling in Herrera v. Comme Des Garçons Ltd has resulted in the filing of fewer motions to dismiss at the initial responsive pleading stages in overtime lawsuits.

Law360 Employment Authority

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Manoush's Favorites: Circular

We're back next week with brand new episodes of the TED Radio Hour featuring our new host, Manoush Zomorodi. While we finish those episodes, Manoush shares a favorite episode of the show from over the years. This episode originally aired on December 7, 2018.

We're told if the economy is growing, and if we keep producing, that's a good thing. But at what cost? This hour, TED speakers explore circular systems that regenerate and re-use what we already have. Guests include economist Kate Raworth, environmental activist Tristram Stuart, landscape architect Kate Orff, entrepreneur David Katz, and graphic designer Jessi Arrington.

Learn more about sponsor message choices: podcastchoices.com/adchoices

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1,400 students and teachers to participate in Canada’s largest STEM event for kids - University of Toronto Engineering, Google and Actua partner on Innovate U, a day-long STEM event for children in grades 3-8, featuring hands-on coding, circuitry and more

University of Toronto Engineering, Google and Actua partner on Innovate U, a day-long STEM event for children in grades 3–8, featuring hands-on coding, circuitry and moreToronto, ON – More than 1,400 students from Grades 3–8 will descend on the University of Toronto on Friday, May 13 for Innovate U, a massive day of hands-on activities […]




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Childhood pre-migration health and circumstances shed light on the “healthy migrant effect”

Toronto, ON — Studies have shown that immigrants to the U.S., Canada, and Australia tend to be healthier and live longer than non-immigrants in their host countries, once adjustments have been made for income and education. There has been a great deal of speculation as to why this “healthy migrant effect” exists. One hypothesis proposes […]