On November 5, 2024, Nebraska voters approved Initiative 436, also known as, the Nebraska Healthy Families and Workplaces Act (the “Act”). On May 28, 2025, the Nebraska Legislature passed LB 415, which clarifies and amends the Act. Employers should be aware of the changes made by LB 415 and begin preparing to comply with the Act as amended.
Cline Williams is honored to be ranked by the Chambers and Partners 2025 USA Guide. Nine attorneys in six Nebraska practice areas are being recognized. In addition, three of the firm’s practice groups are ranked.
On March 18, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a notable ruling in Thaler v. Perlmutter, No. 23-5233, 2025 WL 839178 (D.C. Cir. Mar. 18, 2025), affirming the U.S. Copyright Office’s denial of copyright registration for an image generated by artificial intelligence. Thaler reinforces a foundational element of copyright law: Copyright protection extends only to human authors. For those attempting to navigate the evolving intersection of intellectual property and artificial intelligence, this case offers a certain degree of clarity but leaves several important questions unanswered.
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.
