The Digital Markets, Competition and Consumers Act 2024 will result in a landmark overhaul of the U.K. consumer protection regime. It will dramatically increase the Competition and Markets Authority (CMA's) enforcement powers and… more
The DOL’s new fiduciary advice rule, effective September 23, 2024, will cause many one-time recommendations to be fiduciary advice. As a result, many more recommendations to retirement investors—private sector retirement plans… more
Market Trends: What You Need to Know - As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies: Earnout provisions were included in 26% of the deals reported in the 2023… more
The NPRM proposals align with interim guidance on requesting director review for key AIA trial decisions. Following the Arthrex v. Smith & Nephew ruling, director review by the USPTO Director remains crucial for addressing… more
The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules. You need… more
On May 23, 2024, the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) issued a request for comments (RFC) seeking input on how federal government policies can support the development of… more
As central banks continue their campaign to cool inflation, interest rates remain at elevated levels not seen in well over a decade. For companies, this makes funding growth initiatives and refinancing existing debt much more… more
In the appeal case of Krishnamohan v HMRC [2024] UKFTT 346, the UK’s First-Tier Tribunal (“FTT”) determined that an agreement titled “Option Agreement” that was entered into to dispose of certain properties, does not, for capital gains… more
Introduction - The recent explosion of artificial intelligence (AI) innovation allows us to begin to imagine a world where patients don’t need a “second opinion” because the first is informed by a near-instantaneous assessment of a… more
Q: I was appointed receiver over a manufacturing facility. I operated it for a short time and then obtained court authority to sell it. I netted $1.4 million from the sale… more
On 30 April 2024 the Financial Conduct Authority (“FCA”) and the Prudential Regulation Authority (“PRA”) published Policy Statements1 (the “Policy Statements”) setting out their final rules relating to securitisation and feedback on… more
EngineOwning, a Germany-based company, openly confessed to creating cheat software for the Call of Duty games published by Activision Blizzard. Cheat developers' actions can have legal ramifications, but holding them accountable in the… more
The Digital Markets, Competition and Consumers Act 2024 has finally been enacted. It introduces significant changes to U.K. merger control and antitrust rules, establishes a new consumer protection regime and introduces a… more
IRS Notice 2024-41 provides taxpayers with a clearer path toward qualifying for domestic content bonus tax credits through a new elective safe harbor… more
In a pair of Notices of Apparent Liability for Forfeiture this week, the Federal Communications Commission (FCC) has proposed a collective $8 million in fines against telecommunications company Lingo Telecom and political consultant… more
On May 16, Missouri passed HB 2062 modifying the state’s existing Historic Tax Credit (HTC) program. The bill alters the program in several significant ways. The program will now feature a year-round application cycle, increased credit… more
Unlock the secrets to seamless compliance in our exclusive webinar, where we dissect the intricate details of the Pregnant Workers Fairness Act (PWFA) and the Independent Contractor Rules. With significant regulatory changes looming… more
Seyfarth Synopsis: The Occupational Safety and Health Administration’s (“OSHA”) Hazard Communications (“HazCom”) Standard was the most frequently cited general industry standard in the past fiscal year. OSHA recently announced a final… more
The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in… more
In a recent 257-page decision, the European Court of Human Rights, sitting as a Grand Chamber of 17 judges (Court), ruled that the Swiss government violated Article 8 of the European Convention on Human Rights (Convention) in failing… more
On May 17, the Senate Finance Committee released a long-awaited white paper describing its legislative effort focused on bolstering chronic care through physician payment. Following a committee hearing April 11, the white paper… more
In re Fox Corporation/Snap Inc. Section 242 Litigation, the Delaware Supreme Court ruled that corporations do not need to seek votes from each separate stockholder class to approve charter amendments exculpating corporate officers. The… more
The Department of Labor’s final definition of “investment advice” fiduciary regulation makes many more individuals fiduciaries under both the Employee Retirement Income Security Act and the Internal Revenue Code. Where for decades… more
Cannabinoids have been a popular topic of conversation for regulators as the cannabis landscape continues to evolve. Since the days of the tobacco Master Settlement Agreement and related investigations, Attorneys General (AGs) have… more
This week turned out to be a quiet week around the North Carolina General Assembly as almost all legislative business was canceled by Tuesday afternoon. In large part, the clearing of the legislative calendar this week was due to the… more
The US Citizenship and Immigration Services will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in June 2024. The Final Action Dates chart reflects minimal advancement, and the Department of… more
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, we refresh EO Radio Show episode 22, the second of our two episodes exploring private foundation rules using commentary on the comic Apple TV+ series Loot… more
Lately, it seems as though the most contentious legal issue in construction contracting revolves around indemnification clauses and the interrelated waiver of consequential damages. Owners customarily seek full defense and… more
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule raising salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (FLSA). In essence, the rule raises the minimum salary threshold an… more
The Biden administration released the Voluntary Carbon Markets Joint Policy Statement and Principles on May 28, 2024, which outlines principles for adoption to build high-integrity voluntary carbon markets (VCMs). This VCM policy… more
Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and… more
GTCR will acquire Surmodics for approximately $627 million and then take the company private, according to a news release… more
In part one, we discussed key considerations for the possible inclusion of commercial contract provisions affording a party with excusal/relief from liability for nonperformance of an obligation that it otherwise would have been… more
In April, Maine’s Governor Mills signed into law Public Law c. 630, An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances (LD 1537, 131st Legislature (S.P. 610 - L.D. 1537), which takes… more
While the news cycle in the world of sports is ever changing, a few occurrences in the past several years deserve further discussion in the executive compensation community – Shohei Ohtani’s deferral of $680 million in salary from the… more
In what is being touted as a significant win for pharmaceutical drug manufacturers, the DC Circuit affirmed on May 21, 2024 that Section 340B of the Public Health Service Act does not categorically prohibit manufacturers from imposing… more
As a result of the changes to Medicare Part D under §11201 of the Inflation Reduction Act of 2022, on April 1, 2024, CMS released Final Redesign Program Instructions (“Final Program Instructions”) for the Medicare Part D prescription… more
Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings..… more
The U.S. Department of Transportation (USDOT) announced its final rule amending the Railroad Rehabilitation and Improvement Financing (RRIF) and Transportation Infrastructure Finance and Innovation Act (TIFIA) programs to implement the… more
In a welcome change for defendants, a recent amendment to the Biometric Information Privacy Act (“BIPA”) is expected to significantly curtail potential damages under the statute. SB 2979, which passed the General Assembly on May 16… more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated Enforcement Guidance on Harassment in the Workplace for the first time in over twenty years (the “Guidance”). In the Guidance, the EEOC… more
Towards the end of 2023, non-bank financial intermediaries ("NBFIs") accounted for approximately 41% of the EU’s total financial assets, against a figure for banks of 36%. This dominance and growth, together with the liquidity events… more
A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new and… more
On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into effect on… more
On May 23, NYDFS issued Insurance Circular Letter No. 3 (2024) which encouraged all insurers – authorized to write property/casualty insurance in New York – to offer loss mitigation tools and services to the insured for free or at a… more
I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly conflicted about… more
Further to our last post where we discussed the caution employers should exercise when requesting proof of citizenship or permanent residency status in the job application process, employers may soon face an additional level of… more
Public Employees for Environmental Responsibility (PEER) announced on May 28, 2024, that it filed a request for correction (RFC) under the Information Quality Act (IQA) regarding a U.S. Environmental Protection Agency (EPA) research… more
In the past several years, the U.S. Department of Justice (DOJ) has been pursuing a variety of strategies to increase the number of corporate criminal prosecutions. As Assistant Attorney General Nicole Argentieri, chief of DOJ’s… more
Key Points - Colorado's new Al law creates new obligations for developers and deployers of high-risk artificial intelligence (Al) systems. Similar to the EU Al Act, the law is risk-based and defines a "high-risk" Al system as one… more
It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have routinely… more
On May 22, Michigan enacted HB 4343 (the “Act”) to include new reporting requirements regarding payday lending for the director or the Michigan Department of Insurance and Financial Services (the Department). By October 31 of each… more
On May 21, 2024, the European Union finalized the adoption of the groundbreaking EU Artificial Intelligence Act, a comprehensive and sector-agnostic legislation that extends globally. This 420-page Act aims to regulate the deployment… more
On May 21, 2024, the director of the SEC’s Division of Corporation Finance, Erik Gerding, issued a statement regarding the new requirement to disclose material cybersecurity incidents on Form 8-K. The SEC’s latest cybersecurity… more
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s spring meeting and at the International Trademark Association’s annual meeting on recent developments in United States trademark and… more
On May 20, CSBS requested public feedback on a proposal to raise NMLS fees for the first time since the registry’s launch in 2008. This proposed fee increase will ensure NMLS remains functional and up to date while balancing the need… more
On 21 May 2024, the European Medicines Agency (“EMA”) published a revised version of the Questions & Answers for applicants, Marketing Authorisation Holders of medicinal products and notified bodies with respect to the implementation… more
Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to aquatic and… more
