What Egregious Error Have Courts Made Nearly 9,000 Times (And Counting)?
In a recently published article, Professors Samantha J. Prince & Joshua P. Fershée focus on the propensity to conflate corporations with limited liability companies..… more
In a recently published article, Professors Samantha J. Prince & Joshua P. Fershée focus on the propensity to conflate corporations with limited liability companies..… more
On April 15, 2024, the United States Court of Appeals for the Second Circuit affirmed in a non-precedential summary order the summary judgment dismissal of securities fraud claims against a pharmaceutical company (the “Company”) under… more
As the weather begins to warm up and the summer holidays approach, now is the time to ensure that your swimming pool is ready for opening day. While a visit to the pool on a July day is a treat many hope to enjoy, operating a pool can… more
Amidst economic constraints, industry convergence, and the need for improved patent quality, patent workflows demand a paradigm shift to meet the evolving landscape. The current macro environment combined with the increasing maturity… more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions, urging… more
If you haven’t started preparing for the Oregon Consumer Privacy Act (OCPA), time is ticking. OCPA goes into effect on July 1, 2024. Nonprofit organizations have an extra year to come into compliance; they have until July 1, 2025. But… more
What do the new Title IX regulations and the new Taylor Swift album have in common? They both dropped on April 19, 2024, after many fortnights of anticipation. Since 2022, the Title IX world has been waiting for the Department of… more
On April 12, 2024, the US Supreme Court reversed the US Court of Appeals for the Second Circuit’s decision in Macquarie v. Moab Partners and held that a pure omission cannot form the basis of a securities fraud claim under Rule… more
The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This comes… more
The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024. Commissioners will decide whether to issue a rule that declares most noncompete clauses in employment… more
A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained pivotal… 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 this video, Wayne Pollock (Founder of Copo Strategies and the Law Firm Editorial Service) provides FIVE reasons why lawyers should curate content as a marketing or business development tactic when they're too busy to create original… more
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com… more
Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have a quintet of shoutouts and rantors; Jonathan Marks, Matt Kelly, Jay Rosen, and Karen Woody, all hosted by Tom… more
In many states, the tide appears to be turning against short-term rentals. With restrictions on short-term rentals, such as Airbnb and Vrbo, on the rise, businesses operating short-term rental properties are running out of options… more
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the… more
The Biden administration has announced a package of policy measures to protect the US steel, aluminum, and shipbuilding industries from what they allege are unfair trade practices by China and calling the industries critical to… more
In Muldrow v. City of St. Louis, No. 22-193, 2024 WL 1642826 (U.S. Apr. 17, 2024), the U.S. Supreme Court ruled that an employee alleging that an involuntary lateral job transfer constituted workplace discrimination in violation of… more
More Americans than ever are priced out of the housing market and President Biden has outlined steps his administration is taking to increase development of affordable housing. In the 2024 Economic Report of the President… more
The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for… more
Headlines that Matter for Companies and Executives in Regulated Industries- Canadian Man Sentenced for Operating $175 Million Psychic Mass-Mailing Fraud Scheme - On April 15, Patrice Runner, a Canadian and French citizen, was… more
On April 15, 2024, the Criminal Division of the U.S. Department of Justice (“DOJ”) announced the launch of its Pilot Program on Voluntary Self-Disclosures for Individuals. U.S. Dep’t of Justice, The Criminal Division’s Pilot Program… more
Aristotle said “well begun is half done.” About 2,300 years later, Mary Poppins shared the same advice with her young charges, Jane and Michael. The adage generally is understood to mean that a thoughtful and disciplined start puts a… more
For the past few years, we have encouraged plan sponsors to focus on matters of fiduciary governance for their health and welfare benefit plans (see our 2021 blog post). Yet many plan sponsors overlook the fact that the fiduciary… more
On March 22, 2024, a new federal rule published by the U.S. Department of the Interior (Department or DOI) went into effect, governing the Department’s review and oversight of certain tribal gaming arrangements… more
Welcome to the trendy revolution of urban farming. Three years ago, Washington, DC, Mayor Muriel Bowser unveiled a plan to transform vacant office buildings in downtown DC into residential properties with hopes of creating a 24/7… more
The importance of healthcare background checks cannot be overstated. When it comes to ensuring the safety and well-being of patients, there’s a lot to consider. Let’s delve into home healthcare background checks, uncovering the gaps… more
The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft of the… more
I undertook a presentation at the April 17, Arkansas Environmental Federation Land Seminar titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Development – 2023-2024 The presentation addressed a… more
The Conservation Law Foundation (“CLF”) sent an April 10th letter to Patriot Beverages, LLC and CPF, Inc. (collectively, “Pepsi Beverages”) styled: Notice of Violations and Intent to File Suit Under the Clean Water Act (“Notice”)… more
Utah, among other privacy laws it has enacted or modified recently, has also modified its breach notification law. This follows last year’s changes to the law, which among other things codified the state’s Cyber Center… more
The proposed amendments would address recent case law decisions in Activision, Moelis and Crispo that uprooted well-established market practice with respect to the enforceability of certain provisions of stockholder agreements and… more
On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and… more
Bias: A tendency to favor or oppose, often based on personal beliefs/preferences. Are your interviews filled with bias? It could stop your company from getting the quality hires it needs if they are. Conducting bias-free interviews is… more
SEO is an essential part of any law firm’s digital marketing. The challenge with SEO is that it’s always changing. Between complicated algorithms and technical components, there is a lot that can go wrong when it comes to optimizing… more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response… more
Less than ten days after setting drinking water standards for six of the hundreds of chemicals known collectively as PFAS, EPA has now identified two of those PFAS that have been widely used for decades, PFOA and PFOS, as hazardous… more
The ediscovery job market is picking up in Q2 after a slower job market in March. This month’s Eye on ESI brought together ACEDS President Michael Quartararo and TRU Staffing Partners’ Founder and CEO Jared Coseglia for a lively… more
In Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. February 27, 2023), the plaintiffs maintained a professional liability insurance policy with the Hanover defendants from October 2017 to October… more
In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a photograph… more
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s… more
On April 12, 2024, a unanimous U.S. Supreme Court issued an opinion in Macquarie Infrastructure Corp. v. Moab Partners, L. P., vacating a judgment of the U.S. Court of Appeals for the Second Circuit that had reinstated claims under… more
On April 17, 2024, the United States Supreme Court delivered a win to employees holding that a lateral job transfer can be discriminatory under Title VII when the transfer brought some harm to the employee. The Supreme Court rejected… more
While many of us were struggling to keep recent New Year’s resolutions going, new laws went into effect on January 26, 2024 that altered the landscape of divorce in the District of Columbia… more
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does a… more
In addition to being developed in-house, intellectual property (“IP”) can obviously be acquired from third parties. IP acquisitions may be more germane now than in the recent past as developers race to create and monetize artificial… more
Aesthetic services and the medical spa industry have continued to grow over the past few years as clients continue to demand the availability of such cosmetic services. In response, many providers and investors in the health care… more
Does the outside accountant of a closely-held business and its individual owners owe a legal duty to disclose to one owner the suspected financial improprieties of another?… more
Every banker should know by now that the Department of Justice announced an “Anti-Redlining” crusade in October 2021. In his October 2021, press release, Attorney General Merrick Garland, proclaimed that redlining is “pervasive” today… more
Recent legal developments in Alabama demonstrate that fertility care stakeholders should prepare for additional state regulation of in vitro fertilization (“IVF”) and other assisted reproductive technology (“ART”) services in states… more
Griffin v. Melrose MA Plan. Bd., No. 23 MISC 000277 (KTS), 2024 WL 146450 (Mass. Land Ct. Jan. 12, 2024) - In Griffin v. Melrose MA Plan. Bd., pro se plaintiff David Griffin (“Griffin”) appealed a decision of the Melrose Board of… more
Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the same… more
The U.S. Department of Education (Department) on April 19, 2024, released its final regulations for Title IX, the law that prohibits discrimination on the basis of sex in education programs or activities that receive federal financial… more
Stablecoin, Wallet Products Launch; German Bank Launches Crypto Services - Circle, a global fintech firm and issuer of the USDC stablecoin, has announced new smart contract functionality to allow holders of BUIDL, a tokenized fund… more
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain… more
On March 27, 2024, the Securities and Exchange Commission (“SEC”) adopted a final rule (the “Final Rule”) amending SEC Rule 203A-1(E) (the “Internet Adviser Exemption”) promulgated under the Investment Advisers Act of 1940, as amended… more
New Immigration Rules came into force in the UK on 4 April 2024 which affect employers who sponsor workers under the Skilled worker or Global Business Mobility: Senior or Specialist Worker routes… more
Five reasons you should be curating content if you're too busy to create content
Shout Outs and Rants – Episode 133, The Perfect Attendance Edition
Daily Compliance News: April 23, 2024 – The Is Being Homeless Illegal Edition
California Regulation of Charitable Fundraising Platforms: Part I - Definitions