On May 16, 2024, the Internal Revenue Service (IRS) issued further guidance (Notice 2024-41, the Additional Notice) intended to provide clarity and certainty surrounding the domestic content1 bonus credit by (among other changes)… more

After three years of legislative debate, the Council of the European Union cast its final vote on the European Union (EU) Artificial Intelligence (AI) Act on 21 May 2024. Once published in the EU Official Journal in June, the EU AI Act… more

On May 20, 2024, Lash Group filed a notice of data breach with the multiple state attorney general offices disclosing a data breach affecting information provided to the Lash Group by Genentech, Inc. In this notice, Lash Group explains… more

In Shirodkar v Coinbase Global, Inc. et al., 2024 ONSC 1399 (“Coinbase”), the Ontario Superior Court of Justice (the “Court”) stayed a proposed class action against one of the four proposed defendants – Coinbase Canada Inc. – on the… more

Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301 tariffs… more

New developments in international trade laws will have tangible and far-reaching impacts on transactions as well as day-to-day business operations.  President Biden’s signing of HR 815 means that once time-barred historic events are… more

On February 6, 2024, the French Competition Authority ("l'Autorité") fined chocolate producer De Neuville 4 million euros for vertical agreements. This decision is interesting in several respects..… more

On May 17, 2024, the Consumer Financial Protection Bureau (CFPB) announced its intention to extend the deadlines for compliance with Section 1071 of the Dodd-Frank Act (Section 1071) requiring data collection and reporting for small… more

Estate planning is about much more than reducing taxes; it’s about ensuring your loved ones are provided for after you’re gone and that your assets are passed on according to your wishes. However, few events can upend your estate plan… more

Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing it… more

The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision holding that the Fair Credit Reporting Act (FCRA) preempted the plaintiff’s state law defamation claim based on information furnished to a consumer… more

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions… more

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.” Colorado SB… more

The Environmental Protection Agency earlier this week issued an enforcement alert, explaining cybersecurity threats and vulnerabilities to community drinking water systems (CWSs) and actions needed by these systems in order to comply… more

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools… more

The Equal Employment Opportunity Commission (EEOC) issued new guidance (Guidance) on April 29, 2024 regarding workplace harassment and its violation of federal law, including Title VII of the Civil Rights Act of 1964, Age… more

On May 21, 2024, the last missing approval for the EU AI Act was given by the European Council. The text of the law is final and will be published in the coming days. Here we summarize key points as well as note potential impacts on… more

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year period… more

On May 20, 2024, Lash Group filed a notice of data breach with the various state Attorney General offices after discovering that personal information provided to the company by one of its clients, Bayer Corporation, was subject to… more

The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators and… more

On May 16, Justice Thomas issued the majority opinion in which the Supreme Court held, by a 7-2 vote, that the CFPB’s funding mechanism comported with the Appropriations Clause of the Constitution which states, in relevant part, in… more

The Inflation Reduction Act of 2022 (IRA) was signed into law by President Biden on August 16, 2022, and includes key sections addressing climate and clean energy, corporate taxes and health care. The health care provisions contain… more

Who is the Better Planner for Your Affairs: You or the State? Planning for the succession of a closely held business is a lot like making a will. An individual has the opportunity to make a will that directs how the individual's final… more

Artificial intelligence (AI) is transformative technology that has captured industries worldwide and is here to stay. Defined as a system designed to operate with a certain level of autonomy, AI uses machine learning and logic-based… more

Artificial Intelligence (AI) has been an integrated feature in videogames and other interactive entertainment for some time. For example, a range of AI, from rudimentary algorithms to sophisticated machine learning technology, can be… more

Issue: In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the issue was whether the taxpayer’s (“MBJ” or “MBJ’s”) customers funded MBJ’s research activities. The court found that its customers did so, with the consequence that MBJ… more

The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from reporting… more

According to a recent survey by Thomson Reuters, less than 10% of firms find their current CRM system valuable, and nearly 20% find it not effective at all. Too many firms have failed to accurately assess their needs before selecting… more

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so on making Ethics and… more

On May 17, 2024, Regeneron filed a second infringement litigation against Celltrion’s proposed EYLEA® (aflibercept) biosimilar CT-P42, Case No. 1:24-cv-00053 (N.D.W. Va.). The aBLA for CT-P42 was submitted to the FDA in June 2023… more

A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement follows a… more

While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the spot light… more

here’s no General Data Protection Regulation (GDPR) in the US. Absent a comprehensive, national privacy law, states have stepped in to fill the gap. As Adam Greene, Partner at Davis Wright Tremaine, explains in this podcast, that’s… more

Québec continues to grapple with a metaphorical “perfect storm” in its infrastructure and project world. Several factors converge at the same time, such as..… more

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR) - In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council… more

The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission… more

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance… more

The Commonwealth of Kentucky held its 2024 Primary Election on Tuesday, May 21. While there were no surprises in the Presidential Primaries, the night did feature several races for open seats caused by retirements or incumbents facing… more

South Carolina has become the fifth state (and the third in 2024) to enact a law that establishes a financial services oversight regime for earned wage access services, also known as on-demand pay services, which allow workers to… more

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the… more

A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to support your… more

Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed out of the… more

The Dutch Data Protection Authority—the Autoriteit Persoonsgegevens (AP)—recently announced that it will in many cases regard scraping of personal data by private sector organizations as an infringement of the EU General Data… more

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted final amendments to Regulation S-P, one year after issuing the proposed amendments (discussed here). Regulation S-P is a set of privacy rules that govern how certain… more

In both the federal and state judicial systems, judges assess privilege and work product protection claims — sometimes coordinating with judges at other levels. But there is a lurking unspoken risk that some lawyers may overlook… more

As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April… more

In a dispute over the validity of design patents covering the fenders of GM’s 2018-2020 Chevrolet Equinox, the Federal Circuit overturned its own long-standing Rosen-Durling “rigid” standard for assessing obviousness of design patents… more

Twenty-four years ago, the Delaware Supreme Court clarified that de novo review was the appropriate standard of review for the Court of Chancery’s dismissal of a derivative case for failure to plead demand futility. Brehm v. Eisner… more

The arrival of name, image, and likeness (NIL) agreements has transformed college athletics, offering student-athletes unprecedented opportunities to profit from their personal brands. Yet, the case of Jaden Rashada, a promising… more

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued a final rule (the “Final Rule”) along with guidance updating the Health Insurance Portability and Accountability Act (“HIPAA”) regulations at 45 C.F.R… more

On May 21, 2024, Erik Gerding, Director of the SEC’s Division of Corporation Finance, issued a statement regarding the disclosure of cybersecurity incidents on Form 8-K. In his statement, Director Gerding encourages companies that… more

Kilpatrick’s Ted Mayle and Kevin Bell recently presented “What Corporate Counsel Need to Know About Patent Damages” at the ACC Colorado In-House Counsel Forum. With reports of nine-figure jury awards in patent cases being almost… more

On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18 billion in… more

Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS) contamination of… more

In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other modifications. No… more

À la suite de la publication du rapport initial de la Commission sur l’ingérence étrangère le 3 mai 2024, le ministre de la Sécurité publique du Canada a déposé le projet de loi C-70, Loi concernant la lutte contre l’ingérence… more

In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is consistent with… more

En réponse aux préoccupations soulevées par l’ingérence étrangère dans les élections canadiennes, lesquelles ont fait couler beaucoup d’encre, le ministre de la Sécurité publique du Canada a présenté le projet de loi C-70, Loi… more