Yesterday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an “interpretive rule,” subjecting “Buy Now, Pay Later” (BNPL) transactions to provisions of Regulation Z applicable to “credit cards.” Among other things… more
The Inflation Reduction Act of 2022 (the “IRA”) now allows firms to develop and sell clean energy tax credits. In our last update, we discussed how the emerging market for tax insurance may provide comfort to prospective buyers of… more
Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the processing of… more
As applications and use cases for digital assets and their blockchain infrastructure grow and become more sophisticated, investments and valuations for businesses in these areas have grown as well. The growing number of opportunities… more
In an en banc decision, the Federal Circuit decided this week that well-established tests for determining design patent obviousness are “improperly rigid,” in violation of U.S. Supreme Court precedent such as KSR v. Teleflex, which… more
Here are the sales tax cases from the TiNY Blog for the week of May 23, 2024. Determinations: Faciltysource, LLC, et ux. (ALJ Maloney, May 9, 2024); Div’s Rep. Eric Gee, Esq.; Pet’s Rep. Michael Marino, Esq.; Articles 28 and… more
On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act (FAA), 9 U.S.C. § 3, divests federal district courts of any discretion to dismiss arbitrable claims that are compelled to… more
The BOT model continues to be of great interest to companies, courtesy of its cost-saving structure, access to bigger talent pool, opportunities for resource and financial control and security. Our attorneys have been assisting clients… more
During its Winter National Meeting, various groups within the National Association of Insurance Commissioners continued addressing the Macroprudential (E) Working Group’s 2021 list of “Regulatory Considerations Applicable (But Not… more
Asset managers who invest in crypto assets are expanding their footprint as managers of capital for investors. Investors are increasingly seeking out asset managers that have expertise in crypto assets. Likewise, crypto asset managers… more
In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and establishes a… more
On May 22, 2024, Trionfo Solutions, LLC filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access the company’s computer system. In this notice, Trionfo explains… more
On May 21, 2024, Governor Lamont signed into law new legislation that significantly expands Connecticut’s existing paid sick leave law by requiring that virtually all private employers in the state provide employees with paid sick… more
A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated to reduce… more
The United States occupies a leadership position in clinical advancements, in terms of pharmaceuticals, medical devices, innovative care processes and interventional techniques. At the nexus of these advances are clinical trials… more
The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three judgments on… more
On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials Pacific… more
On May 16, 2024, the Board of Directors of Brazil’s National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved the Regulatory Impact Analysis Report (“AIR”) for the regulation of non-discriminatory and negotiated… more
The West Virginia Office of the Insurance Commissioner (“WV OIC”) recently took regulatory actions against four unaffiliated Pharmacy Benefit Managers (“PBMs”) that were operating in West Virginia without a PBM license. These… more
On May 16, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-41, which modifies Notice 2023-38 (Prior Guidance) by expanding the list of Applicable Projects (defined below) to include… more
Today’s ever-changing global threat environment—shaped by factors including geopolitical upheaval, sanctions, cyberthreats and ransomware attacks, pandemics and natural disasters, and artificial intelligence and emerging… more
On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law amends… more
It is critical for employers and plan fiduciaries/administrators to stay informed of HIPAA privacy and security-related legal developments because most employer sponsored group health plans — regardless of the employer’s industry or… more
You may have seen the headlines about the Orlando Museum of Art’s challenge to a donor’s $1.8 million gift that was given with “strings attached.” The donor intended to fund the acquisition of new works of art, but the Museum, in a… more
In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more!… more
As most New Jersey employers are already aware, since 2019, the State’s Law Against Discrimination (LAD) prohibits employers from enforcing contract provisions that have the effect of preventing an employee or former employee from… more
On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en… more
The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024, the U.S… more
Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the majority of… more
Key Points: The Political Subdivision and Torts Claim Act still provides immunity to school districts in cases where a student adjudicated of sexual assault continues harassment of a student in the school setting because no additional… more
The recent Federal Trade Commission (FTC) amendment adds a new security breach reporting requirement to the Gramm–Leach–Bliley Act (GLBA) Safeguards Rule. The Safeguards Rule is a regulatory framework that mandates financial… more
The Securities Exchange Commission (SEC) and the U.S. Department of Treasury's Financial Crimes Enforcement Network (FinCEN) issued a proposed rule on May 13, 2024 (Proposed Rule), which could have sweeping effects on the practices of… more
A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority… more
Traffic congestion, walkable communities and access to affordable housing are among the hottest issues people are paying attention to when deciding where to live and where not to live, and the way cities are tackling these issues are… more
The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme Court resolved… more
On May 3, 2024, Brazil’s Federal Law No. 14,850/2024 (the “Regulation”) was passed by the President establishing the National Policy on Air Quality. The Regulation provides for the creation of a unified air quality monitoring system… more
Those of us on the West Coast of New York are enjoying summerlike conditions this week. We rarely get temperatures in the 80s consistently in May because the prevailing southwesterly winds blow across 250 miles of 50-degree Lake Erie… more
The Florida Board of Pharmacy permits pharmacies serving residents and patients at long-term care facilities (nursing homes, ALFs, homes for DD residents, etc.) as either Special Closed System Pharmacies or Community Pharmacies… more
On May 22, 2024, the Director of the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued further guidance regarding disclosure of cybersecurity incidents on Form 8-K. The statement… more
In In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024), the court addressed important issues such as modification of an ESI Order and sanctions in the context of “modern attachments” a/k/a “pointers,” “hyperlinked… more
I spent the last week in the UK, meeting with the Integreon’s strategic partners, and our London team. There, I also spent a lot of time listening to legal counsels across industries. Together with the latest announcements from ChatGpt… more
The rise of artificial intelligence in the patent space brings both promises and challenges. With its potential to enhance drafting and examination processes, AI offers the prospect of improving patent quality. Join Sakari Arvela as he… more
RegFi co-hosts Jerry Buckley and Caroline Stapleton welcome Eugene Ludwig to discuss the decline in economic opportunities for middle- and low-income Americans. Gene, former Comptroller of the Currency and founder of Promontory… more
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector… more
The U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance Director Erik Gerding released a statement on May 21, 2024, addressing Disclosure of Cybersecurity Incidents Determined to be Material and Other… more
In 2022, the United States Department of Justice (“DOJ”) announced its decision to shut down the “China Initiative”—the controversial program used to investigate and prosecute academics, health care workers, and businesspeople for… more
Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare providers… more
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
