On April 17, 2024 the Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) issued a Risk Alert regarding investment advisers’ compliance with amended Investment Advisers Act Rule 206(4)-1 (the “Marketing… more

I always say that picking a plan provider just on price is a bad idea and I will say that picking a provider just on your years of experience is another folly… more

À compter du 6 mai 2024, il sera désormais nécessaire d’obtenir une autorisation pour travaux d’exploration à impacts (une « ATI ») auprès du ministère des Ressources naturelles et des Forêts (le « Ministère ») avant de réaliser de… more

The Foreign Subsidy Regulation, which went into force on July 12, 2023, is designed to counteract distortions in the European Union’s internal market attributable to financial subsidies given to companies doing business in the EU by… more

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may have… more

Our special guest is Andrew Nigrinis of Legal Economics LLC and former CFPB enforcement economist. The CFPB’s final credit card late fee rule lowers the safe harbor late fee amount that card issuers other than “smaller card issuers”… more

According to a survey of 150 large U.S. employers, the median percentage of healthcare dollars spent on pharmacy increased from 21% in 2021 to 24% in 2022, and is the fastest rising component of healthcare… more

On April 5, 2024, a federal jury in the Northern District of California found defendant Matthew Panuwat liable for insider trading in the Securities and Exchange Commission’s (“SEC”) first-ever case involving the so-called “shadow… more

On April 23 the Federal Trade Commission (FTC) announced a comprehensive ban on noncompete agreements for all U.S. workers. If permitted to go into effect, the rule will have a profound impact on how U.S. businesses hire, train and pay… more

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the plan… more

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This comes over a… more

On April 22, 2024, the Department of Health and Human Services (HHS) announced a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy. The Final Rule strengthens the Health Insurance Portability and… more

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule, which was… more

On April 23, 2024, the Federal Trade Commission voted to adopt its final rule, which prevents employers from entering into and/or enforcing noncompete agreements against workers. This vote occurred over a year after the FTC first… more

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are safe… more

In a seismic decision on April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban noncompete agreements for all workers, with a narrow exception for senior executives. This new rule, set forth in a 570-page action… more

On April 22, 2024, the NCAA approved significant changes to NCAA Division I transfer eligibility and name, image, and likeness (NIL) rules. The changes to transfer and NIL rules are immediately effective. Transfers - The NCAA… more

Tuesday, April 23, 2024, the Federal Trade Commission issued a much anticipated final rule banning non-compete agreements. The final rule, which is effective August 21, 2024, prohibits any person (including business entities) from… more

The House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on April 30, 2024, on the fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). EPA… more

A new rule clarifying who is permitted to accompany an OSHA Compliance Safety and Health Officer (CSHO) during an inspection of an employer’s facility will go into effect on May 31, 2024. In issuing the “Worker Walk Around Final Rule”… more

A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a claim… more

Le 16 avril 2024 (le « jour du Budget »), le gouvernement du Canada a présenté son budget fédéral de 2024 (le « Budget 2024 »). Bien que le principal élément du Budget 2024 soit une proposition visant à faire passer le taux d’inclusion… more

Serent Capital has invested in Medical Informatics Engineering (MIE), according to a news release. MIE, founded in 1995 and based in Fort Wayne, Indiana, is a provider of health information technology software and systems for the… more

The Princeton Review advertises its MCAT preparation courses with the following copy: ​“Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation filed a… more

Corporate interest in AI, particularly generative AI (genAI), has surged dramatically. For many legal teams, there is pressure all the way from the C-suite to start using this new technology. However, the process of identifying use… more

On April 23, the Federal Trade Commission voted to implement a sweeping new rule that bans all existing and new non-compete agreements for most workers. The Final Rule will take effect 120 days after it is published in the Federal… more

The US Internal Revenue Service (IRS) recently issued final regulations concerning “minimum present value requirements” for tax-qualified defined benefit plans (DB plans). There are three primary changes for sponsors of DB plans to… more

Unternehmen haften künftig auch zivilrechtlich nach europäischen Vorgaben für Menschenrechts- und Umweltverletzungen entlang globaler Lieferketten. Am 24. April 2024 hat das Europäische Parlament die Corporate Sustainability Due… more

Le 16 avril 2024, le gouvernement fédéral a déposé son budget de 2024 (le « Budget 2024 »), lequel renferme un certain nombre de dispositions concernant les régimes de retraite, les avantages sociaux et la rémunération des hauts… more

The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States has come… more

Following a narrow 3-2 vote on party lines, the Federal Trade Commission (“FTC”) approved a sweeping v yesterday that – if it survives legal challenge – would create a nationwide standard that would radically modify the current… more

Supreme Court Justice Louis Brandeis once opined that ​“a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Indeed, over… more

In January 2024 the US Attorney’s Office for the Southern District of New York (SDNY) set a shockwave through the business world by announcing a new whistleblower pilot program. To understand what the policy says and what it likely… more

The last plenary session of the European Parliament – in its current composition before the next elections in June – took place from 22 to 25 April 2024. The session resulted in major developments, which will significantly shape the… more

How should an employer react if an employee claims that mandatory anti-discrimination training conflicts with the employee’s religious beliefs? Two recent EEOC decisions shed some light on this question. In both cases, the employer… more

The recent Federal Trade Commission (FTC) vote to ban most non-competes has unveiled a surprisingly bold agenda less than six months out from a U.S. presential election. The FTC’s 3-2 vote was down party lines, with Democrats securing… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3 – 2 in favor of banning all post-employment noncompete agreements. The ban will take effect 120 days after the final rule is published in the Federal Register. Many are… more

For obvious reasons, the law encourages settlements. During settlement negotiations, participants may be tempted to disclose work product-protected documents or intangible communications. Can participants or even third parties… more

The Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the redevelopment of… more

Just yesterday (April 23, 2024), the U.S. Department of Labor (DOL) finally announced its long-awaited final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer… more

Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of Contract Appeals… more

On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a Final Rule that would prohibit most employee noncompete agreements..… more

The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or… more

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden administration’s… more

On April 4, the Centers for Medicare & Medicaid Services (CMS) released the Contract Year (CY) 2025 Medicare Advantage (MA) and Medicare Part D Policy and Technical Changes final rule (“Final Rule”), which included revisions to the… more

On April 24, 2024, antidumping duty (AD) and countervailing duty (CVD) petitions were filed on crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand and Vietnam. The petitioner… more

On 24 April 2024, the European Parliament voted to adopt the Corporate Sustainability Due Diligence Directive (CSDDD), meaning it will now become law and necessitate a shift in corporate attitudes to responsible business conduct. The… more

The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the… more

Beginning on May 6, 2024, an authorization (ATI) from the Quebec ministry responsible for mines, the Ministère des Ressources naturelles et des Forêts (MRNF), will be required before conducting impact-causing exploration work in… more

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions.  The new rule will drive up payroll costs across many industries.  In fact, the DOL estimates it… more

FTC Bans Non-Competes - The U.S. Federal Trade Commission (FTC) voted 3-2 to issue a final rule banning non-competes nationwide for all workers and requiring employers to notify workers that they will not enforce them. Existing… more

Editor's Note: The convergence of CYE's and Surfshark's analyses reveals a critical juncture in the fight against cyber threats. With the U.S. leading global data breaches and businesses facing significant insurance coverage gaps, the… more

On April 24, 2024, Asbury Automotive Group (“Asbury Auto”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party had gained access to the company’s computer network. In this… more

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, approved in final form its rule banning non-compete clauses in most instances. The rule is scheduled to become effective 120 days after its publication in the… more

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware corporation and… more

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA) and… more

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title IX by… more

Yesterday, the Federal Trade Commission voted 3-2 to issue a Final Rule banning virtually all noncompetition agreements between employers and employees. Employers may enforce pre-existing noncompetes with “senior executives” but will… more