The 2024 ACC (Association of Corporate Counsel) Annual CLO Summit was held in Edinburgh, Scotland and included more than eighty global General Counsels and Chief Legal Officers. The entities represented are known globally, including… more
Last week, the Canadian Trademarks Office began issuing “pre-assessment letters” for certain trademark registrations which have never been classified under the Nice Classification system. The Nice Classification system was adopted in… more
On December 22, 2023, New York Gov. Kathy Hochul signed the LLC Transparency Act (as amended, the Act). The Act, modeled after the federal Corporate Transparency Act (CTA), aims to enhance the ability of the State of New York (NY) to… more
On May 23, 2024, Byline Bank filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access information in the company’s possession. In this notice, Byline Bank… more
Companies faced with numerous mass tort claims, such as asbestos claims, often seek bankruptcy protection. Reorganization plans may include § 524(g) channeling injunctions in which insurance assets are put into a trust to pay tort… more
The May Revision of California’s 2024-2025 state budget seeks to block refund claims, worth approximately $1.3 billion for historical tax years, and $200 million per year going forward, by codifying informal guidance recently rejected… more
Those of us in California who give advice regarding the structuring of IRC Section 1031 like-kind tax-deferred exchanges of real property are well aware that the California Franchise Tax Board (FTB) has an active program of auditing… more
U.S. District Court for the Eastern District of Louisiana - Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020following his employment at the Avondale shipyard in the late 1960s and 1970s. In February… more
On June 6, 2024, Frontier Communications Parent, Inc. filed a notice of data breach with the Attorney General of Maine after discovering unauthorized access within its computer network. In this notice, Frontier explains that the… more
Partner Andrew Wasson contributed a chapter to the Food & Drug Law Institute’s annual publication identifying the top food and drug cases of the year. Andrew’s chapter relates to the Supreme Court case, Amgen v. Sanofi, 598 U.S. 594… more
Are you a service-disabled veteran who owns a small business and wants to work with the federal government? If so, you need to know about a new rule that affects how you can qualify for contracts and subcontracts that count towards the… more
Today, the United States Fifth Circuit Court of Appeals vacated the SEC’s Private Fund Advisers Rule (88 Fed. Reg. 63026), which would have required, among other things, quarterly statements to investors in private funds, limitations… more
The Council on Environmental Quality (CEQ) on May 1, 2024, published its Phase II regulations1 under the National Environmental Policy Act (NEPA).2 As part of a multiphase effort to amend the NEPA regulations that straddled the… more
Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only sufficiently… more
The June 6 unanimous ruling by the United States Supreme Court in Connelly v. United States creates a significant change for closely held businesses planning to utilize life insurance proceeds to fund buy-sell agreements… more
This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company… more
Key Points - On May 21, 2024, the DOJ announced its first ever declination under the NSD’s updated Enforcement Policy, declining to prosecute Sigma-Aldrich Inc., d/b/a MilliporeSigma (a subsidiary of Merck KGaA, Darmstadt, Germany)… more
On July 1, 2024, three ordinances go into effect that will alter critical employment laws for Cook County and Chicago businesses. These three ordinances are: (1) the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, (2) the… more
The first step to moving beyond the AI hype is also the most important. That’s when you ask: How can AI actually make my work better? It’s the great ROI question. Technology solutions are only as good as the benefits they provide. So… more
The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten Conference, Big… more
Good afternoon! 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 Eleventh Circuit published a ground breaking Concurring Opinion on May 28, 2024 by Judge Kevin C. Newsom on the use of generative AI to help decide contract interpretation issues. Snell v. United Specialty Ins. Co., 2024 U.S. App… more
On May 10, 2024, the DOJ announced criminal indictments and the SEC filed a civil lawsuit for alleged securities fraud against FAT Brands and related persons… more
On May 31, 2024, Moderna announced that the FDA has approved its respiratory syncytial virus vaccine (“RSV”), mRESVIA (mRNA-1345). The vaccine was designed to protect adults from lower respiratory tract disease caused by an RSV… more
Recently, 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 damages a plaintiff may recover to a three-year period. The Court ended the… more
The deadline is fast approaching for Washington “small businesses” to comply with the state's My Health My Data Act (MHMDA). The MHMDA, signed by Gov. Jay Inslee on April 27, 2023, provides stronger privacy protections to the… more
On June 5, 2024, the United States Fifth Circuit Court of Appeals (the “Court”) vacated the Private Fund Advisers Rule (the “Rule”) adopted by the SEC on August 23, 2023. In reaching its decision, the Court concluded that the SEC… more
Pride Month has arrived. Flags are unfurled, pride parades are happening everywhere (well, sadly, not everywhere), and pride merch has arrived in stores near you and online. It’s always a month of ups and downs… more
Good Afternoon! This is Akin’s biweekly policy newsletter on space policy and regulatory developments, providing information on major space headlines and forthcoming space-related events and hearings..… more
On May 22, 2024, the Association of California School Administrators (“ACSA”) 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… more
On May 23, 2024, EFS Advisors LLC filed a notice of data breach with the Attorney General of Massachusetts after discovering there was a vulnerability in software used by one of the company’s vendors. In this notice, EFS explains that… more
In two high-profile union elections this year, the United Auto Workers went one for two. In April, workers at a Tennessee Volkswagen plant voted to unionize, while Mercedes-Benz employees in Alabama rejected the union’s petition last… more
On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in public… more
Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for negligence under… more
From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures. At times… more
A recent case in the Western District of Oklahoma shines a spotlight on the patent danger posed by errors in a terminal disclaimer. In this case, a typographical error in the filed terminal disclaimer rendered an ensuing patent… more
While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin Novant’s… more
Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will… more
Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a transaction… more
This alert has been updated to address the May 2024 announcement by Turkey of its suspension of exports and imports with Israel and the impact for United States antiboycott compliance… more
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI… more
The Supreme Court of the United States issued three decisions today: Becerra v. San Carlos Apache Tribe, No. 23-250: This case concerns the funding the Indian Health Service (“IHS”) must provide to Indian tribes that have entered… more
At long last, the "sole purpose" argument used by trial courts and plaintiffs' attorneys was soundly rejected in a recent decision issued by the 11th Circuit Court of Appeals, In Re: BayCare Medical Group, No. 23-12571, May 14, 2024… more
We have written extensively on the recent rollout by EPA and the implications of PFAS requirements for monitoring and treatment by publicly owned water and wastewater (“WWTP”) treatment plants, including those operated as… more
The emphasis on having clean, correct and up-to-date data in law firms has increased as more firms leverage client information to drive business decisions. This sentiment is shared across multiple industries, as 95% of U.S. business… more
As I wrote about earlier, the Equal Employment Opportunity Commission (EEOC) issued new guidance on protecting LGBTQ+ workers as well as addressing pregnancy-related harassment, religious expression, and virtual harassment. It is… more
What Happened? In May 2024, the Financial Stability Oversight Council (FSOC or Council) issued a Report on Nonbank Mortgage Servicing (the Report). The Report recognizes the strengths of nonbank mortgage companies (NMCs) and the… more
Discussions around name, image and likeness (NIL) rights have largely revolved around the rights of college athletes to profit from the use of their NIL. As the profitability of these NIL deals continues to climb, advertisers and… more
The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes that… more
The rejection of agreements under 11 U.S.C. § 365 isn’t always as straightforward as you might think. In an opinion issued in In re Empower Cent. Michigan, Inc., No. 23-31281-JDA, 2024 WL 1848504, (Bankr. E.D. Mich. Apr. 26, 2024)… more
A federal court in New York recently granted a motion to dismiss for lack of personal jurisdiction in an action asserting claims that franchisor Hyatt Corporation acted with negligence in connection with assaults to guests that… more
In 2015, a policy framework on the margin requirements for non-centrally cleared over-the-counter derivatives (OTC Derivatives) transactions was published by the Basel Committee on Banking Supervision and the International Organization… more
From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to their… more
On June 5th, 2024, the United States Court of Appeals for the Fifth Circuit (the “Court”) vacated the U.S. Securities and Exchange Commission’s (“SEC’s”) private fund advisers rules (the "Rules"), which would have imposed additional… more
Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the previous… more
In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication technology, the… more
On May 24, 2024, the Office of the Information and Privacy Commissioner of Canada (OPC) issued new guidance relating to data breach reporting for federal institutions and businesses… more
More than 350 leaders from child protection NGOs, victim advocacy groups, research organisations, technology providers, domestic and international police forces, and advisors convened in London last month to tackle the global challenge… more
