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A common, and a venerable, question when modifying a mortgage loan — should the mortgage lender record the modification of the mortgage in the land records?… more

The ECCP is intended to assist federal prosecutors in determining whether a corporation’s compliance program was effective at the time of the alleged offense(s) and, if not, what type of enforcement, monetary penalty, and mandatory… more

As PilieroMazza noted recently the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the Historically… more

On September 22, 2024, Arkansas City was hit by a cyberattack at its water treatment facility. The Federal Bureau of Investigation and the U.S. Department of Homeland Security, together with city officials and local authorities, are… more

On September 11, Senate Democrats sent a letter addressed to ten of the largest CEOs of bitcoin ATMs calling for “immediate action” to address reports that the ATMs may be contributing to financial fraud against elderly Americans. The… more

Applicable Provider Types: Any individual or entity that receives Medicare reimbursement for selling or renting DMEPOS - Is Your Entity in Compliance? Most durable medical equipment, prosthetics, orthotics and supplies… more

Most companies recognize patent portfolios as valuable business assets. They protect the investments made in research and development, and the efforts to bring products to market. As businesses evolve, and that cycle has only become… more

On September 17, the CFPB published a data spotlight examining the impact of mortgage interest rates on housing affordability. Mortgage rates significantly rose from 2.65 percent in January 2021 to a high of 7.79 percent in October… more

As we near the end of the 118th Congress and head into a lame duck session postelection, policymakers are eyeing opportunities to reauthorize health programs that expire in December and also pass larger health reforms before the new… more

On August 23, 2024, the Department of Justice (DOJ) and eight states filed a civil complaint in federal court in North Carolina alleging that real estate services company RealPage violated U.S. antitrust law by using data from… more

Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create potential… more

Unitex WI LLC v. CT Land and Cattle Company LLC rejected the surface owner’s effort to force the mineral lessee to bury a pipeline below plow depth. Surface owner CT’s claim was based on a mineral lease signed by former owner Fuller in… more

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures that… more

Employee benefits or employee benefit issues can arise anytime you are providing employees something of value other than direct cash compensation. Engagement is very important. I hear it talked about a lot at 401(k) committee meetings… more

On September 10, the Food and Drug Administration (FDA) Biocompatibility and Toxicology Program published a statement announcing its intention to commission an independent literature review and internal bench laboratory study to… more

For many, Global Entry cards and visas are essential for smooth travel from international origins into the United States. However, when an individual is the subject of an INTERPOL Red Notice, these travel privileges can come under… more

Earlier this week, The Trade Desk, Inc. filed preliminary proxy materials for a special meeting of stockholders.  The purpose of the meeting is to approve the reincorporation of the corporation from the State of Delaware to the State… more

On September 16, the US Attorney's Office for the Northern District of Illinois (NDIL) announced the launch of its Individual Self-Disclosure (ISD) Pilot Program. The program offers non-prosecution agreements to qualifying individuals… more

On September 30, 2022, the Financial Crimes Enforcement Network (“FinCEN”) published its final rule to implement beneficial ownership reporting requirements set forth in the Corporate Transparency Act (the “CTA”).   The CTA and related… more

We are all familiar with — over and over — third-party risks and FCPA risks. It is drilled in our collective heads — third-party risks and bribery. Legal and compliance professionals have to learn and understand the ins and outs of… more

Deputy Assistant Attorney General Nicole M. Argentieri’s speech highlighted a critical shift in the Department of Justice’s (DOJ) approach to evaluating corporate compliance programs. As outlined in the updated 2024 Evaluation of… more

On September 19, 2024, Wells Fargo Clearing Services, LLC d/b/a First Clearing filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access confidential… more

Recently, the U.S. Circuit Court of Appeals for the Eighth Circuit affirmed a discovery ruling, including an award of $93,243.50 in attorneys’ fees, against a defendant in a lawsuit arising under the Fair Credit Reporting Act (FCRA)… more

On September 20, 2024, in a 4-1 vote, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved final guidance for derivatives exchanges concerning the listing of voluntary carbon credit (“VCC”) derivative contracts… more

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol (THC) to… more

Stripe has options to provide liquidity to investors beyond an IPO, one of which is a stock buyback, said James Stevens, a partner at the law firm Troutman Pepper who works with fintech companies. But “that takes away money that could… more

In this episode of The Consumer Finance Podcast, Chris Willis delves into the Consumer Financial Protection Bureau's (CFPB) recent response to the Treasury Department's request for information on the use of artificial intelligence (AI)… 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

In a sealed order that issued on September 24, 2024, the District Court for the Northern District of West Virginia denied a preliminary injunction against Amgen in the aflibercept BPCIA litigation… more

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent by… more

As of September 10, 2024, USCIS will automatically extend the validity of Permanent Resident Cards (or “Green Cards”), for which a Form I-90, Application to Renew or Replace Permanent Resident Cards has been submitted, for 36 months… more

On September 17, 2024, the FDIC board approved a notice of proposed rulemaking that would increase recordkeeping obligations for bank deposits received from third party, non-bank companies that accept those deposits on behalf of… more

In today's fast-paced corporate environment, in-house legal and privacy teams are under immense pressure to navigate the complexities of eDiscovery. With organizations generating massive volumes of electronic data daily, the stakes… more

The FTC continues to prioritize the investigation of online business coaching and mentoring programs, particularly business coaching scams that promise guaranteed income, large returns, “proven systems,” free or low-cost “systems,” and… more

The FTC’s effort to implement a nationwide ban on the use of most non-compete agreements has been stalled indefinitely following a recent court ruling by a district court judge in Texas… more

The Harvard Business Law Review recently published an article entitled “Insider Trading by Other Means” by an influential research group, which asserts that using the “J” (other) code in a Form 4 is highly correlated with dispositions… more

The BIOSECURE Act passed the House of Representatives on September 9, 2024, with a bipartisan vote of 306–81. It has now moved to the Senate, which has its own version of the BIOSECURE Act already in play. If passed by the Senate and… more

On 18 September 2024, the FCA provided an update on its work in the cash savings market. Following the FCA’s 2023 cash savings market review in light of concerns that higher interest rates were not being passed on effectively to… more

Federal Lawsuit Says Leading Homebuilder Required Employee with Nerve Damage to Endure Long Commute - ANNAPOLIS, Md. – DR Horton, a Texas-based homebuilder operating across the United States, violated federal law when it failed to… more

Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment?… more

On September 23, 2024, Regeneron’s motion for a preliminary injunction against the commercial launch of Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh) was denied in Case No. 1:24-cv-00039 (N.D.W. Va.) / MDL… more

Orlando firms need to make sure they aren’t among the thousands of U.S. businesses that potentially were tricked by scams to inadvertently file fraudulent employee retention credit claims — something punishable by fines and even jail… more

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire… more

Artificial intelligence (AI) has the power to revolutionize health care. In oncology, there are now opportunities to apply AI to support diagnostics, predictive analytics, and administrative functions. This hot topic was discussed… more

Recent Supreme Court decisions, such as the opinions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce that overruled the long-standing Chevron doctrine, will likely impact how federal agencies interpret… more

Federal Lawsuit Charges Fitness Center Subjected Employees, Including Teens, to Hostile Work Environment and Failed to Take Prompt Action to Stop Harassment - MINNEAPOLIS – The St. Cloud Area Family YMCA violated federal laws by… more

In the legal industry, where competition is fierce and trust is paramount, brand awareness is essential. Clients and referral partners often choose firms based on reputation, expertise, and visibility. LinkedIn, as the leading… more

The Colorado Legislature has adopted an Extended Producer Responsibility (“EPR”) Program which requires producers of certain packaging and paper materials to cover the cost of recycling those materials in the state. If you are a… more

Key Takeaways - •FinCEN has issued two new final rules to significantly expand regulation around certain investment adviser and residential real estate sectors to combat illicit finance in these areas. These highly anticipated… more

September 24, 2024- The House Financial Services Committee (FSC) held a hearing to conduct oversight of the Securities and Exchange Commission with testimony from all five Commissioners. In preparation of such hearing the FSC Chair… more

Tuesday was HR Professionals Day, an annual celebration that recognizes the hard work of Human Resource personnel and highlights the unique challenges they face. HR departments are often maligned, but they ensure that operations run… more

On September 18, 2024, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) (1) issued proposed regulations (the “Proposed Regulations”) providing guidance to taxpayers on the Alternative Fuel… more

CHICAGO — City’s ShotSpotter Contract Ends- After months of contentious debate among city leaders, the City of Chicago ceased use of the gun detection technology ShotSpotter. NEW YORK — Top Taxi, Rideshare Insurer Facing Financial… more

On September 20, the District Court for the District of Oregon denied a motion for a preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA) on the basis that the plaintiffs’ claim that the CTA was… more

While a silent trust could solve issues for some settlors, this trust arrangement comes with some complexities that must be considered. Additionally, even with the best-laid plans, there is the potential for an inadvertent early… more

Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the patchwork of… more

In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by the buyer’s… more

As loyal readers of the OSHA Defense Report know, OSHA continues to look for ways to proactively inspect workplaces in industries that the agency believes merit greater attention, including through the development of new National… more