With increasing frequency, petitioners representing the securities industry are asking courts to decide that rules adopted by the SEC exceed the agency’s authority, even when the rules have barely left the starting blocks… more
Our employment team reviews key decisions rendered in the month of April: from the adoption of the Platform Workers Directive, to the Supreme Court’s (cour de cassation) reminder on the end of unilateral fixed-term undertakings, to the… more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business… more
On May 24, 2024, TRC Staffing Services, Inc. d/b/a TRC Talent Solutions (“TRC”) filed a notice of data breach with the Attorney General of Maine after discovering that an unknown actor gained access to portions of the company’s… more
In Mortgagee Letter 2024-10, FHA announced a requirement for FHA approved lenders to notify the U.S. Department of Housing and Urban Development (HUD) of Significant Cybersecurity Incidents. The Mortgagee Letter, which is dated May 23… more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines nine basic approaches attorneys can incorporate when conducting a cross-examination. He encourages listeners to… more
On Monday, May 20th, Dominican Republic President Luis Abinader won his second term as president of the Caribbean island, according to preliminary polling results. Under President Abinader’s administration, the Dominican Republic saw… more
The common law doctrine of the Implied Warranty of Habitability (the “Warranty”) requires a landlord to provide tenants with a habitable dwelling free and clear of defects. While a landlord need not provide a seamless or aesthetically… more
To add to TikTok’s legal woes in the U.S., Nebraska Attorney General Mike Hilgers (AG) filed suit against TikTok on May 22, 2024, alleging that TikTok violated Nebraska’s consumer protection laws and engaged in deceptive trade… more
The U.S. Food and Drug Administration (FDA or the Agency) issued a Final Rule on May 6, 2024 (89 FR 37286) that will, over the next four years, radically alter the landscape for laboratory developed tests (LDTs). This action follows… more
On May 6, 2024, the Connecticut legislature passed a bill (HB No. 5005) amending a number of key aspects of the Connecticut statewide Paid Sick Leave Law. The bill was signed into law by Governor Ned Lamont on May 21, 2024… more
Recently, British Columbia made changes to its industrial greenhouse gas emissions regime by implementing a mandatory carbon emissions output-based pricing system (OBPS) for major industrial operations. The OBPS replaces the CleanBC… more
This is the third in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule amends… more
On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its “PFAS in… more
On May 23, 2024, Cencora, Inc. filed a notice of data breach with the Attorney General of California after discovering that data provided to the company by Regeneron Pharmaceuticals, Inc. was subject to unauthorized access. In this… more
The U.S. Department of Justice’s Antitrust Division has intensified its scrutiny of healthcare platforms that integrate doctors with insurers, data, and other assets. Assistant Attorney General Jonathan Kanter described this trend as… more
Canada’s Fighting against Forced Labour and Child Labour in Supply Chain Act went into effect on January 1, 2024, and the first annual filing is due on or before May 31, 2024. Any company doing business in Canada must file by the… more
On May 24, 2024, Sumitomo Pharma America, Inc. filed a notice of data breach with the Attorney General of Texas after discovering that confidential information that had been provided to the company was subject to unauthorized access… more
National Golf Management LLC sold 13 golf courses to a buyer represented by broker Andrew Waldo. NGM was represented in a previous transaction by Michael Cousins. Although Cousins had no written representation agreement with any of the… more
Earlier this month, the office of the Attorney General of Connecticut announced that the state had reached a settlement with HighBazaar over allegations that the organization allowed the unlicensed sale of cannabis, and the presence of… more
On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law. MODPA applies to any person who conducts business in Maryland or provides products or services targeted to Maryland residents and, during… more
The US Patent and Trademark Office (USPTO) recently extended its First Time Filer Expedited Examination Program. This pilot program is “designed to increase accessibility to the patent system for inventors who are new to the patent… more
The PTAB recently denied 10x Genomics, Inc.’s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified itself and… more
As part of the CFPB’s crusade against junk fees, CFPB Director, Rohit Chopra addressed credit report fees in prepared remarks at the Mortgage Bankers Association’s Secondary & Capital Markets Conference & Expo 2024. While Director… more
An interview with Kurt Calia, Partner at Covington by Richard Hsu… more
Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe… more
On May 24, 2024, A&A Services d/b/a Sav-Rx filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access portions of the company’s computer network. In this notice… more
Energy efficiency regulations may not be changing quite as fast as housing laws, but California has made notable changes over the last several years aimed at reaching its ever more ambitious carbon emissions reduction goals, including… more
The Securities and Exchange Commission (SEC) has amended its privacy rule – Regulation S-P – to establish a federal minimum standard for covered institutions to notify affected individuals of a data breach… more
On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared data with… more
The US Department of Labor (DOL) published final amendments to Prohibited Transaction Class Exemption 84-14, the so-called “QPAM Exemption,” in the Federal Register on April 3, 2024. The amendments are anticipated to affect certain… more
In recent years, the demand for industrial warehouse, distribution, and outdoor storage uses has surged. This robust demand, a response to the e-commerce boom and other market forces, has driven a critical need for logistics and… more
WHAT: On May 22, 2024, the U.S. Department of Defense (DOD) Office of Industrial Base Resilience (OIBR) released a notice for public comment regarding actions the DOD can take to enable the Defense Industrial Base (DIB) to continue… more
In commercial transactions, the process of recovering debts owed by companies may sometimes necessitate legal intervention. Under Federal Decree-Law No. 42/2022 on Civil Procedure Law, specific procedures are outlined for the issuance… more
Navigating the dynamic landscape of insider risk management requires a nuanced understanding of organisational dynamics, culture and regulatory imperatives. The costs (both direct and indirect) of getting it wrong are high, with… more
Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who is paid… more
In Carl v. Hillcorp Energy the Supreme Court of Texas addressed the relationship between the lessee’s use of gas off-premises under a free-use clause and the lessor’s burden to share post-production costs (PPCs) under the at-the-well… more
Intercontinental Exchange, Inc. (ICE), the owner of the New York Stock Exchange, has agreed to settle with the Securities and Exchange Commission (SEC) for $10 million over allegations that it failed to timely notify the SEC of the… more
DHS advises safeguards to protect AIs and to protect critical infrastructure from AI-powered attacks. In continuing its work under the Biden Administration’s Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use… more
This article is the first in a three-part series on collective claims and class actions in the EU and the US. As collective claims become more prevalent in the EU, companies offering platforms, products, and services in both… more
The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This article… more
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 22, 2024, that it awarded $2.18 million in funding to four additional projects as part of the Feedstock-Conversion Interface Consortium (FCIC)… more
Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this case… more
by John Ludlum Incentive Stock Options (“ISOs”) have a somewhat legendary status as equity incentives for technology and other early-stage companies. It is true that ISOs are one of two types of equity awards that can achieve capital… more
On May 15, the Securities and Exchange Commission adopted amendments to Regulation S-P, which covers broker-dealers, registered investment advisors (RIAs), and investment companies (funds). These entities are now required to report… more
The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve public… more
We previously previewed the issues presented in Higuchi Int’l Corp. v. Autoliv ASP, Inc., an appeal with potentially far-reaching implications for suppliers, in our March 22 and May 21 blog posts. Yesterday, the U.S. Court of Appeals… more
Two laws enacted in 2023 as part of Governor Gavin Newsom’s infrastructure streamlining package are intended to facilitate development of certain energy, water resources, transportation, semiconductor manufacturing, and other… more
The United States House of Representatives voted 279-136 to pass the Financial Innovation and Technology for the 21st Century Act (“FIT21”), on Wednesday, May 22, 2024. FIT21 is the first crypto-related legislation to clear one of the… more
China’s amended Law on Guarding State Secrets (“SSL”) took effect on May 1, 2024. This amendment is part of a broader legislative push to enhance national security and data protection, aligning with other recent laws such as the Data… more
The world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now the USDOL has reacted with guidance on the manners in… more
On May 6, 2024, Florida enacted SB 902, clearing the way for dealers to sell excess wear and use waivers on leases and vehicle value protection agreements. The bill, which will take effect on October 1, 2024, makes Florida one of the… more
While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a Schedule 1… more
The principle of amateurism—an amorphous concept that the National Collegiate Athletic Association (NCAA) historically relied upon to prevent NCAA athletes from profiting from the commercial use of their identity, otherwise known as… more
On May 22, the CFPB announced an interpretive rule confirming that Buy Now, Pay Later (BNPL) lenders qualify as credit card providers under the Truth in Lending Act, Regulation Z and are required to provide consumers legal protections… more
On May 20, the CFPB settled an enforcement action against a California-based telemarketing firm for practices related to student loan debt relief services. The Bureau has ordered the firm to permanently halt operations and pay a… more
Wow, the U.S. Supreme Court decided a sweepstakes issue today. Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum selection or… more
The CFPB is continuing its crusade against so called “junk fees,” and now is looking at credit reporting fees. In a May 20 speech to the Mortgage Bankers Association, Director Rohit Chopra highlighted the rising costs of obtaining… more
