Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response… more

Here are the sales tax cases from the TiNY Blog for the week of April 16, 2024… more

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive Environmental… more

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance simply by… more

In a recent speech at the National Consumer Law Center/National Association of Consumer Advocates Spring Training, Seth Frotman, General Counsel of the Consumer Financial Protection Bureau (CFPB or Bureau), focused on medical billing… more

Articles dealing with child labor often involve minors working in sweatshop-type conditions outside of the United States. The conditions outlined in such articles are usually horrid — and rightfully condemned. In contrast, employers in… more

On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only contender for PRO in Oregon, submitted the first draft of its Program Plan (“the Plan”) for Oregon’s… more

There are two Determinations and two Orders this week. Of the three timies, two were resolved against the Division, which is statistically unusual. The other case involves the State’s dubious sales tax acceleration rule for motor… more

In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality because it… more

On 27 March 2024, Austrian legislation was published transposing the European legal requirements of the so-called Transparency Directive into national law… more

On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry stakeholders… more

A new Montgomery County bill would prohibit employers from inquiring about or considering a job applicant’s sexual, reproductive and other health information… more

Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode… more

A recent New York federal opinion is a reminder that teaming agreements are governed by state law, and not federal law, despite support for “contractor team arrangements” under FAR Subpart 9.6, and that state law generally will not… more

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave entitlements… more

On March 13th, 2024, the European Parliament approved the EU Artificial Intelligence (AI) Act, marking a significant milestone in AI governance. This comprehensive regulation aims to ensure responsible AI development, protect… more

Alabama enacted Act 2024-34 on March 20, 2024, prohibiting state agencies, local boards of education, and public institutions of higher education, from engaging in specific actions related to “divisive concepts.” (the “Act”). The Act… more

Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response… more

In a recent decision, a federal judge in the U.S. District Court for the Northern District of Texas suspended enforcement of the Pregnant Workers Fairness Act (PWFA) with respect to public employers in the state. This decision… more

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v… more

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take effect once… more

This episode of the podcast, focusing on climate risk as an emerging regulatory compliance issue, features a dialogue between Len and Dean. They discuss how climate-related risks, especially in the financial sector, have gained… more

In a narrow but potentially significant decision, the Supreme Court has held that securities-fraud plaintiffs cannot recover based on a “pure omission” from a company’s public statements under the most common legal basis for private… more

Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial Industrial… more

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed n ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in… more

The Occupational Safety and Health Administration (OSHA) recently published its final Worker Walkaround Representative Designation Process rule (Walkaround Rule), which takes effect May 31, 2024. The new Walkaround Rule expands… more

Because banks receive favorable capital treatment when a credit facility’s tenor is shorter than one year, lenders increasingly offer financing with 364-day tenors and uncommitted extension option terms of up to 364 days. In this Legal… more

The imposition of an independent compliance monitor continues to be a favored tool of the government in resolving corporate enforcement matters. Indeed, in 2022, both the U.S. Department of Justice and the U.S. Securities and… more

On April 12, 2024, the Securities and Exchange Commission announced settled charges against five registered investment advisers for violations of the Marketing Rule. The firms have agreed to settle and pay a combined $200,000 in… more

In 2014, the Delaware Supreme Court held in Kahn v. M&F Worldwide Corp. (“MFW”) that a court will apply the entire fairness standard of review to freeze-out merger transactions between a controlled corporation and its controlling… more

Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The fraudster then… more

On April 2 and 3, the U.S. Securities and Exchange Commission (SEC or Commission) presented its annual SEC Speaks program in conjunction with PLI, where senior members of the Commission provided updates on the current initiatives and… more

Companies worldwide are witnessing a significant surge in law enforcement requests (LER), a trend that presents both a challenge and an opportunity for operational enhancement. For example, a comparison of Meta’s transparency reports… more

美国与中国共产党战略竞争特别委员会(下称「委员会」)于美国第 118 届国会成立，并由国会议员迈克·加拉格尔 (Mike Gallagher) 担任第一届主席。 委员会的组成获得两党普遍支持(于该次国会中以365 票对65 票决议通过设立)，其成立被视为美国立法者重新取得控制对中国政策方向的主导权，并成为国会山庄两党立场 不同的例外。… more

Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance with… more

A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro Co. v… more

Florida passed S.B. 7016, which: Expands the telehealth minority maternity care program from a pilot to a statewide program… more

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (KCDPA) into law, making Kentucky the sixteenth state to enact comprehensive data privacy legislation and the third state to do so in 2024. The… more

On April 10, 2024, U.S. EPA issued the first-ever, national drinking water standard for a group of chemicals commonly referred to as “PFAS” or “forever chemicals”. PFAS generally refers to a family of chemicals known as “per- and… more

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19, 2024, and… more

On April 3, 2024, the Bank of England and U.K. Financial Conduct Authority published a joint consultation paper on proposed rules for the incoming digital securities sandbox. The Financial Services and Markets Act 2023 (discussed in… more

On April 10, 2024, the Court granted Plaintiffs Genentech, Hoffmann-La Roche, and Biogen and Defendants Dr. Reddy’s and Fresenius Kabi’s joint stipulation of dismissal due to settlement in Case No. 1:23-cv-22485 (D.N.J.) related to Dr… more

The CFPB has released the Spring 2024 edition of Supervisory Highlights.  The report discusses CFPB examinations in connection with credit reporting and furnishing that were completed from April 1, 2023 through December 31, 2023… more

On April 12, 2024, the United States Supreme Court unanimously reversed a decision of the United States Court of Appeals for the Second Circuit which held that Section 10(b) of the Securities Exchange Act of 1934 permitted a private… more

Drew Nicholas, Microsoft Principal Security Global Black Belt, joins Erica Toelle and guest host Daniela Villarreal, Sr. Product Marketing Manager for Microsoft Defender for Cloud, on this week’s episode of Uncovering Hidden Risks… more

According to Law360, the Senate Budget Committee recently held a hearing regarding offshore tax evasion where senators made clear that, in their view, the IRS is not making enough criminal referrals to the Department of Justice. While… more

State income taxes play a prominent role in overall tax planning for individuals. A change of residence/domicile from a higher-tax state to a lower- (or no-) tax state is often considered when contemplating retirement or the receipt of… more

Serent Capital has made a growth investment in Traumasoft, according to a news release. Traumasoft, founded in 2006 and based in Portage, Michigan, is a provider of cloud-based software for private emergency medical services (EMS)… more

As you probably remember, the SEC’s climate disclosure rules were challenged not only by those contending that the rules went too far and that the SEC had no authority—think, for example, Liberty Energy, the State of Iowa and the… more

The EU AI Act grants the European Commission new investigative and enforcement powers over providers of some AI technologies, including general-purpose AI models such as generative AI products. The Commission has previously exercised… more

After several years of negotiations between the European Commission, European Council, and European Parliament following the publication of the initial draft proposal in November 2021, AIFMD II was published in the Official Journal of… more

On April 11, 2024, the Department of City Planning (DCP) released the proposed City of Yes for Housing Opportunity zoning text changes. The proposed text was released in advance of the formal public review process (ULURP), which is… more

On November 3, 2023 the Department of Labor (DOL) published its new proposed regulatory package redefining fiduciary investment advice and materially amending prohibited transaction exemptions for compensation resulting from investment… more

On April 4, 2024, multiple federal agencies charged with enforcing various laws signed a joint statement asserting that..… more

What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in wiretapping suits… more

Achieve your ESG goals in 2024 - Environment, Social, and Governance (ESG) is a top priority for organizations of all types and sizes, and it the compliance team is a key factor in the ESG equation. Much like regulatory risks… more

In the context of the energy transition, the Quebec government has announced a draft regulation to reserve a 300-megawatt (MW) block of electricity from solar photovoltaic sources. The Quebec government considers solar energy a vital… more

This program is part two of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare and… more