A recent decision of the US Court of Appeals for the Ninth Circuit highlights the “heightened and demanding standard” required to plead securities fraud under the Private Securities Litigation Reform Act (PSLRA). In affirming the… more

Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the hypertension… more

The May Monthly Minute highlights litigation wins for plan fiduciaries in a 401(k) fee case and a wilderness therapy exclusion case, and also sets out the 2025 HSA, HDHP, and excepted benefit HRA COLA adjustments… more

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 23, 2024, that it released a Summary Report from a September 2023 Request for Information (RFI) on building supply chains to meet Sustainable… more

For companies across the life sciences sector, from those in the early stages of contemplating AI use to those already using AI in R&D or other material business operations, developing a strategy around AI can be important to… more

On April 23, 2024, the Federal Trade Commission (FTC) approved a rule banning employers from enforcing non-compete agreements for all workers, including employees and independent contractors, with limited exceptions. This new rule, set… more

These folks often go through some version of the Kubler-Ross stages of grief, including denial (“The SEC must be confused!”), anger (“This is an abuse of power!”), bargaining (“With this one weird trick, we can convince the SEC to shut… more

Today, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal announced a June 18 Women's Entrepreneurship program, an event that follows the launch on May 1 of a National Strategy for Inclusive Innovation (the Strategy)… more

The U.S. Department of the Treasury (Treasury) announced a new joint statement of policy and new principles (Joint Statement) for responsible participation in voluntary carbon markets (VCMs) with the U.S. Department of Agriculture, the… more

The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are preempted… more

On May 30, 2024, the U.S. Supreme Court decided Cantero v. Bank of America, N.A., No. 22-529, holding that courts must conduct a practical assessment of the nature and degree of the interference when determining whether a state… more

On April 19, 2024, the Equal Employment Opportunity Commission (the “EEOC”) published a final rule and interpretive guidance (“Final Rule”) to implement the Pregnant Workers Fairness Act (“PWFA”), effective June 18, 2024. The PWFA… more

The United Arab Emirates’ new Mental Health Law came into effect on 30 May 2024. The Mental Health Law applies across the UAE, with the exception of the financial free zones, the Abu Dhabi Global Market (ADGM) and Dubai International… more

By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions have become… more

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework (TCF) by the… more

As noted in our recent client alert and blog, many legal commentators and those in the business community speculated that the California Department of Justice, Office of the Attorney General would issue guidance on SB 478. On May 8… more

Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)… more

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet to… more

In this latest issue of The Entrepreneurs Report, we’ve compiled a range of data on venture, convertible note, and SAFE financing transactions in which the firm was involved during the first quarter of 2024, with the objective of… more

On April 25, 2024, California’s Department of Financial Protection and Innovation (“DFPI”) released its Annual Report of Activity Under the California Consumer Financial Protection Law for 2023 (“Annual Report”). The Annual Report… more

A debtor's non-exempt assets (and even the debtor's entire business) are commonly sold during the course of a bankruptcy case by the trustee or a chapter 11 debtor-in-possession ("DIP") as a means of augmenting the bankruptcy estate… more

On May 16th, the U.S. Drug Enforcement Administration (DEA) issued a Notice of Proposed Rulemaking (NPRM) to initiate the rescheduling of marijuana from a Schedule I to a Schedule III drug. The NPRM, which was published in the Federal… more

On May 30, 2024, Lakeview Health filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized party was able to access confidential patient information after gaining access to the company’s… more

The recent Supreme Court ruling that upheld the constitutionality of the Consumer Financial Protection Bureau’s funding resulted in the Bureau announcing the new effective dates for banks to begin collecting their CRA reportable data… more

PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial District of… more

Consumer Financial Protection Bureau. Credit card late fees. On May 10, 2024, a federal district judge in the Northern District of Texas granted a preliminary injunction that for now stays CFPB's rule capping most credit card late fees… more

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers should… more

The insertion of a US holding company by way of a share-for-share exchange, whereby the shares in an existing UK company (“UKCo”) are transferred to a new US company (“USCo”) in exchange for shares issued by USCo, is commonly referred… more

On May 30, the Consumer Financial Protection Bureau (CFPB) released a Request for Information (RFI) regarding mortgage closing costs. The seven-page RFI provided nine questions about the impact of closing costs, and how they relate to… more

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social, and… more

According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were all up for… more

7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic loan… more

It has been reported that the European Central Bank will be imposing fines on as many as four lenders due to “not meeting deadlines set by the ECB for assessing their exposure to climate risks.” Specifically, ECB regulations require… more

The new fiduciary rule, which had its final rule, published, got its first lawsuit. The Federation of Americans for Consumer Choice (FACC), along with several independent insurance agents, filed a lawsuit in the U.S. District… more

On May 23, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) published final guidelines to assist establishments and non-profits that donate or receive donated meat, poultry, and egg products. The… more

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged underground storage… more

In the wake of persistent drug shortages that compromise patient care and safety, the Biden administration and Congress have proposed policies to strengthen the pharmaceutical supply chain. Using authorities under both Medicare and… more

Navigating the aftermath of an alleged sexual assault on a college campus is a daunting and complex process. Not only are you faced with the possibility of criminal charges from local law enforcement, but you also have to contend with… more

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have updates on two stories from last week: the hemp loophole in the Farm Bill and the legalization legislation… more

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever chemicals.”… more

The practice of conferring "derivative standing" on official creditors' committees or individual creditors to assert claims on behalf of a bankruptcy estate in cases where the debtor or a bankruptcy trustee is unwilling or unable to do… more

On May 3, 2024, the U.S. Department of Transportation's (DOT) Advanced Research Projects Agency Infrastructure (ARPA-I) published a Request for Information (RFI) seeking comment from interested parties on potential applications of… more

The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously..… more

Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order contracts do not… more

Wash-out. A term synonymous with the Great British summer. But also, it seems, for the heralded Arbitration Bill, which was a glaring omission from the legislation considered by Parliament in the frantic few days before its… more

Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. The US Supreme Court’s decision in Alice v. CLS Bank (2014) strengthened… more

On May 21, 2024, South Carolina Governor Henry McMaster signed into law the Earned Wage Access Services Act (the “Act”), which will require earned wage access (“EWA”) providers to register annually with the state’s Department of… more

A United States District (Connecticut) (“Court”) addressed in an April 28th Order an issue involving enforcement of the Resource Conservation and Recovery Act (“RCRA”). See Zeil v. U.S. Department of Justice, 2024 WL 1330812. A… more

As Rishi Sunak was deluged with rain announcing a general election on 4 July, those in the property world were wondering what this means for the flood of leasehold reform going through parliament. Here’s what you need to know about… more

On May 15, the Bipartisan Senate AI Working Group – comprising Senate Majority Leader Charles Schumer (D-NY), Sen. Mike Rounds (R-SD), Sen. Martin Heinrich (D-NM) and Sen. Todd Young (R-IN) – released the Bipartisan Roadmap For… more

Laws/Regulations directly regulating AI (the “AI Regulations”) - Currently, there are no specific laws, statutory rules, or regulations in Switzerland that directly regulate AI. AI in Switzerland is currently subject to… more

Sales under Section 363 of the Bankruptcy Code have become commonplace in bankruptcy cases as a mechanism to liquidate a debtor's assets and maximize value for creditors. Selling the debtor's assets to a third party offers the debtor's… more

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI?… more

The recent passage of the New York state budget brought with it a range of employment-related developments, as well as the notable omission of an expected change..… more

Acknowledging that high-quality, easily available investment research supports deep capital markets, listed companies, and economic growth, the UK Financial Conduct Authority (FCA) recently issued a consultation paper proposing to give… more

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and court of… more

Colorado recently enacted its Artificial Intelligence law, launching a new era of state AI laws. What do you need to know? •The bill is effective February 1, 2026 and enforceable by the Attorney General. •This is a comprehensive AI… more

This post is the first in a series dedicated to Colorado’s Medicaid finance and payment systems, challenges faced by those programs, and opportunities for expansion. The Colorado Healthcare Affordability and Sustainability… more