This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The opinion… more
Welcome to Juntos, our bulletin that explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024… more
As organizations increasingly embrace the transformative potential of Artificial Intelligence (AI), the importance of robust Information Governance (IG) policies cannot be overstated. AI, a technology that mimics human intelligence to… more
Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions… more
On August 22, 2024, the United States intervened in a whistleblower suit against the Georgia Institute of Technology, initially filed by current and former members of Georgia Tech’s cybersecurity team, alleging that Georgia Tech… more
Offering your software product under an open-source software (OSS) license has its advantages. By making the source code of your product available for redistribution and modification, and in many instances at no cost, you may drive… more
In today's competitive landscape, operational efficiency is crucial for business success. Many organizations struggle to streamline back-office processes, hindering productivity and growth. This blog explores strategies to optimize… more
For federal contractors, a major component of OFCCP compliance hinges on recordkeeping as proof of their processes and efforts in the event of an audit. Fortunately, your applicant tracking system (ATS) can be a great tool for keeping… more
Effective information security is no longer just dependent on an organisation’s own internal cybersecurity controls. The UK Information Commissioner’s Office (ICO) highlights that third-party service providers are processing an… more
Welcome to the September edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover ..… more
On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging that… more
On September 16, 2024, the Office of the United States Trade Representative (“USTR”) announced the final modifications on China 301 tariffs after completing its statutory four-year review in May 2024… more
On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging that… more
The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024… more
The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases… more
In November 2023, a class action lawsuit was filed against the genetic testing company, 23andMe. The plaintiffs alleged that a data breach resulted in the unauthorized disclosure of 6.9 million users’ personal and genetic information… more
The FDIC, the OCC and the Justice Department earlier this month issued updated standards for bank mergers. The three agencies acted separately, although officials noted that they had worked with the other agencies involved… more
On September 24, California Governor Gavin Newsom signed into law a package of consumer protection laws, with three bills aimed directly at collection practices. These new laws introduce significant changes in the areas of commercial… more
The California Legislature recently passed Assembly Bill 3129 (“AB 3129” or the “Bill”), which, if signed by California Governor Gavin Newsom, would increase oversight of healthcare entity transactions involving private equity… more
Confirmation of a chapter 11 plan providing for the reorganization or liquidation of a debtor is the culmination of the chapter 11 process. To promote the fundamental policy of finality in that process, the general rule is that a final… more
Global companies face significant risks in their supply chains of compliance with OFAC’s economic sanctions regime. OFAC has emphasized the importance of conducting supply chain risk assessments and audits… more
An earlier Tax Tracker discussed the NYS Court of Appeals decision that revived a lawsuit brought by the Tax Equity Now (TENNY) coalition, which claims that New York City’s property tax system violates the federal Fair Housing Act… more
The Inflation Reduction Act of 2022 (the “IRA”) allows firms to develop and sell clean energy tax credits. In our last update, we discussed the uncertain future of energy tax credit sales as we head into the election… more
As the landscape of artificial intelligence (AI) continues to evolve, it's crucial for businesses to navigate the Federal Trade Commission's (FTC) stance on AI claims. The FTC's Operation AI Comply is cracking down on companies using… more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for… more
On September 26, 2024, Ross, Anglim, Angelini & Co., LLP (“Ros Anglim”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that a data security incident compromised sensitive information in the… more
In Circular 26-24-19, the Department of Veterans Affairs (VA) sets forth documentation requirements for fees and charges that may be imposed on veterans in connection with VA-guaranteed home loans, other than the VA funding fee and… more
New York State Governor Kathy Hochul signed NYS Senate Bill 8647 (Martins)/Assembly Bill 10355 (Stern) into law this week… more
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...… more
On September 12, the IRS reminded plan sponsors to review and comply with IRS Notice 2024-02 (the “Notice”), which extended and consolidated deadlines for employers and others sponsoring 401(k), 403(b), 457(b) and other retirement… more
On September 25, 2024, Worldwide Clinical Trials Holdings, Inc. (“Worldwide”) filed a notice of data breach with the Attorney General of Texas after discovering that confidential information in the company’s possession was subject to… more
As the enactment of chapter 15 of the Bankruptcy Code approaches its 20-year anniversary, U.S. bankruptcy courts are still grappling with some unresolved issues concerning how its provisions should be applied to best harmonize… 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
On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed enhancements to… more
Organisations that make international transfers of personal data have undergone significant challenges and changes over the last few years. With the invalidation of the Privacy Shield agreement in 2020 and the introduction of the “New… more
The United Kingdom’s Equality and Human Rights Commission (EHRC) recently named several organisations that missed the deadline to report their 2023–2024 gender pay gap data. If the data remains unreported, the EHRC will take further… more
In Barclays Service Corporation and another v HMRC, the First Tier Tribunal (the “FTT”) has held that the UK branch of an overseas company did not qualify as a member of a value added tax (“VAT”) group in the UK… more
On 19 September 2024, the Belgian Data Protection Authority (DPA) issued new Guidance on the interplay between the recently adopted EU Regulation on Artificial Intelligence (the AI Act) and the General Data Protection Regulation (the… more
On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report), the… more
Campaign Finance & Lobbying Compliance - At its open meeting the week of September 15, 2024, the Federal Election Commission (FEC) approved a Notice of Disposition of a rulemaking and a draft interpretive rule regarding Artificial… more
Judge Randy Crane (E.D. Tex) ruled on August 26, 2024 that the CFPB did not exceed its authority under Dodd Frank when it issued its final Section 1071 small business lending rule. The court also rejected other Administrative Procedure… more
On September 16, 2024, the Securities and Exchange Commission (SEC) filed civil charges against former CEO Paul D. Roberts, former Chief Financial Officer Joshua A. Weiss, and former Audit Committee Chair Grainne M. Coen of AI company… more
There was a flurry of DOJ whistleblower program activity over the last two weeks as the U.S. Attorneys’ Offices for the Eastern District of New York (EDNY Program), District of New Jersey (DNJ Program), Southern District of Florida… more
Several prominent hotel chains have faced lawsuits for allegedly turning a blind eye to human trafficking on their premises. These cases often point to hotel staff’s failure to act on evident red flags, like frequent cash payments, a… more
On September 19, 2024, Wright, Moore, DeHart, Dupuis & Hutchinson (“WMDDH”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that certain information in the company’s possession was subject to… more
On September 24, the Consumer Financial Protection Bureau (CFPB or Bureau) announced a significant development in its efforts to implement open banking rules in the United States. The Bureau has initiated a public comment process for… more
Good morning! 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
New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously reported here in… more
This year has witnessed a rapid increase in legislation seeking to study and regulate machine learning and artificial intelligence (AI) models. So far in 2024, Congress has doubled the number of proposed bills seeking to study and… more
Washington State’s Equal Pay and Opportunities Act (EPOA) requires employers with 15 or more employees to include salary ranges and benefit information in job postings. Violations have resulted in over 100 EPOA class action lawsuits in… more
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations and was… more
Earlier this month, the Consumer Financial Protection Bureau (CFPB) resolved its long-running lawsuit against Navient Corporation. The enforcement action culminated in a $120 million settlement of which $100 million was in restitution… more
On September 13, 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against four executives of a bank for alleged violations of the Truth in Lending Act (TILA) and certain provisions of… more
In Jack Daniel’s v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable “Bad Spaniels” dog toy shaped like a bottle of Jack Daniel’s whiskey violated Jack Daniel’s trademark rights. VIP claimed its dog toy was… more
California Governor Gavin Newsom has recently signed into law two bills seeking to address the use of Artificial Intelligence (AI)-created digital replicas of individuals. In his signing statement, Governor Newsom explained, “[w]e… more
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the different… more
Vascular Solutions LLC, et al. v. Medtronic, Inc., et al., No. 2024-1398 (Fed. Cir. (D. Minn.) Sept. 16, 2024). Opinion by Mazzant (sitting by designation), joined by Moore and Prost… more
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the California… more
