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

On May 6, 2024 the FDA published its much-anticipated Final Rule on Lab-Developed Tests (“LDTs”) to make explicit that in vitro diagnostic products (“IVDs”) are devices under the Federal Food, Drug, and Cosmetic Act (“FD&C Act”)… more

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S… more

No one was surprised when compliance and risk publications cited cybersecurity as the number one risk that corporations face today.  While this is a relatively simplistic and head-line grabbing statement, the truth remains that… more

On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing facilities is… more

Despite national efforts over the past decades, child sexual abuse material (CSAM) and online child sexual exploitation are still unfortunately prevalent. In 2023, the National Center for Missing and Exploited Children (NCMEC) received… more

Legislature Gives Local Governments Right of First Refusal on Affordable Housing and Right of First Offer on Certain Market Rate Multifamily Properties - On the final day of the legislative session, the state legislature passed… more

Just before the close of the Colorado legislature’s 2024 session, lawmakers approved a bill aimed at streamlining several deficiencies in the state’s regulation of marijuana businesses. While not all the bill’s intended fixes were… more

Settles Federal Charges the Power Company’s Former General Manager Sexually Harassed and Retaliated Against His Subordinate - GLASGOW, Mont. – NorVal Electric Cooperative, Inc., a utility serving Northeast Montana, agreed to pay… more

On April 24, 2024, the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) issued final regulations on the definition of “domestically controlled” real estate investment trusts (“REITs”) (the… more

On May 9, 2024, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for investigation and enforcement… more

On May 6, Georgia enacted SB 73 (the “Act”), which amends, among other things,  Georgia’s telemarketing laws. The Act clarifies that no person or entity can make or cause any telephone solicitation violations, now on behalf of another… more

A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels & Resorts… more

Perhaps at no time in modern history have employers seemingly had less of a grip on their workforce. The amorphous, pre-COVID, practices of “flex time” and work-from-home have been stretched and snapped back to a point of likely no… more

If you were wondering where last week’s edition was—allow me to put the rumors to rest. I was not at the tailor getting fitted for the Met Gala. I was not practicing my set for the Roast of Tom Brady—I thought about it, but apparently… more

In this blog, we have written a number of times on the topic of cultivated, i.e., lab grown meats. Last year, the FDA gave final regulatory approval for two different companies to sell their cultivated chicken in the United States… more

Colorado is close to becoming the first state to enact a law prohibiting employers from using artificial intelligence to discriminate against their workers – and requiring companies to take extensive measures to avoid such algorithmic… more

Big Baby’s Big Foul: Former NBA Star Glen 'Big Baby' Davis Sentenced to 40 Months for Healthcare Fraud Scheme - On May 9, former Boston Celtics forward Glen “Big Baby” Davis was sentenced to 40 months in prison following his… more

Recently, Palomar Health Medical Group (“PHMG”) posted a website notice discussing a recent cyberattack that may have resulted in a large-scale data breach of patient information. In this notice, PHMG explains that the incident… more

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to the District… more

The Corporate Transparency Act (CTA) has introduced new reporting requirements, affecting businesses nationwide. Mandatory compliance is now in place, with certain entities required to submit reports within a 90-day window. Join KJK… more

The U.S. Department of Transportation (DOT) published a request for information (RFI) seeking input on artificial intelligence (AI) applications in the transportation sector. The RFI asks stakeholders to comment on current and future… more

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight reviews… more

On April 4, the Cybersecurity and Infrastructure Security Agency published a notice of proposed rulemaking setting out mandatory reporting requirements for covered entities that experience cybersecurity incidents or make ransom… more

While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and subsidy… more

Le 6 mai 2024, le Conseil de la radiodiffusion et des télécommunications canadiennes (le « CRTC ») a publié une version mise à jour du plan réglementaire en vue de moderniser le cadre de radiodiffusion du Canada (le « plan mis à jour… more

A new report released this week revealed that three out of four knowledge workers use AI for work purposes – but more than half are hiding it from their leaders because they fear it makes them look replaceable. The May 8 report from… more

Have you heard the terms “special” needs trust and “supplemental” needs trust and wondered what the difference is? The simple answer is that there’s no difference. Whether supplemental or special, these trusts serve the same… more

On May 9, 2024, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Transportation (DoT) held a 98-minute joint hearing on airline and credit card rewards programs.  CFPB Deputy Director Zixta Martinez introduced the… more

On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) finalized a rule (“Final Rule”) that would reduce credit card late fees to $8 for large credit card issuers (“Larger Card Issuers”). This rule comes on the heels of the… more

Time’s Almost Up - As the House and Senate work towards the May 20 adjournment date, the Legislature is rapidly running out of time. With the conclusion of the House and Senate floor sessions on Thursday, May 9, only five… more

On May 3, the Governor of Tennessee signed into law HB 2320 (the “Act”), which will amend pleading requirements for consumer debt suits and garnishment exemptions. The Act would require that, in a civil suit or arbitration requesting… more

Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are… more

Public officials should proceed with caution when using social media. The United States Supreme Court, in a recent unanimous decision, articulated a two-part test to determine when a public official’s social media account could give… more

The FAA Reauthorization passed another major hurdle May 9th, and the prospects of final approval by the end of next week look good. The full Senate voted 88-4 to approve the “bicameral, bipartisan” compromise bill worked out by House… more

Victory at any cost can sometimes be more damaging than defeat itself. This principle is embodied in the concept of a Pyrrhic victory—where a victory inflicts such a devastating toll on the victor that it is tantamount to defeat. But… more

On May 8, 2024, WebTPA Employer Services, LLC (“WebTPA”) filed a notice of data breach with the Attorney General of California after discovering that an unauthorized party was able to access and acquire sensitive information stored on… more

Last week saw almost 1,140 registrants attend the FFA’s annual symposium at the Queen Elizabeth II Conference Centre in London. As ever, the event brought together a wide range of market participants from across the industry, providing… more

More and more corporations are moving to Nevada. Is this because of the lack of corporate or franchise taxes associated with incorporating in the state or the lack of state income tax? Likely not (Nevada does not collect franchise… more

In April 2024, Wisconsin and Maine enacted the Model Money Transmission Modernization Law (“MTML”) to implement the Conference of State Bank Supervisors’ Model Money Transmission Modernization Act.  As of April 22, 2024, twenty-one… more

On April 12, 2024, the SEC announced the settlement of administrative proceedings brought against five registered investment advisers for alleged violations of Rule 206(4)-1 under the Investment Advisers Act of 1940, known as the… more

On January 25, 2024, a New York trial court dismissed a claim brought by one lender/participant in a $200 million syndicated loan against the borrower, other lenders, and the loan originator and servicer. The plaintiff alleged the… more

On April 22, 2024, the federal government issued a rule “amending the Federal Acquisition Regulation (FAR)” to “implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable.” In… more

One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business.  As you may know, such conduct can run afoul of Connecticut’s Freedom of Information Act… more

HR events are one of the best parts of an HR leader’s job. It’s a chance to meet people with the same problems you have, talk to companies who can help you, and get out of the office. But how can you make the most out of them?… more

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business… more

On May 10, 2024, the United States Patent & Trademark Office (USPTO) published a proposed rule under which terminal disclaimers filed to obviate an obviousness-type double patenting (ODP) rejection would limit the patents to a far… more

Collapsed FTX says it can pay most creditors back in full | CNN Business - On Tuesday, collapsed cryptocurrency exchange FTX unveiled its reorganization plan and stated it has recovered adequate funds to pay the majority of its… more

Once an abused party decides that they are in need of a Protection From Abuse Order (“PFA Order”), the first step is filing the Petition… more

Under HB 4006, which was effective on March 7, 2024, the Oregon legislature sought to improve retainage law in two ways. First, it allows general contractors and subcontractors to post a retainage surety bond to avoid having retainage… more

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor could… more

As the deadline for the Minnesota Anti-Poaching Update draws near, franchisors are reminded to update existing franchise agreements pertaining to non-soliciting and no-poaching restrictions… more

The UK Financial Conduct Authority’s (FCA) anti-greenwashing rule (Rule) will come into effect on 31 May 2024 and applies to all FCA-authorised firms. The Rule requires that references made to the sustainability characteristics of… more

On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it reasonably… more

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private partnerships… more

Section 6417 of the Internal Revenue Code was added by the Inflation Reduction Act of 2022 (IRA). The section provides that eligible taxpayers may make an election to claim certain clean energy credits even though they have no tax… more

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and reasonable… more

On May 10, 2024, the USPTO issued a Notice of Proposed Rulemaking that proposes major changes to terminal disclaimer practice that could greatly affect both patent prosecution and patent litigation strategies. Specifically, the USPTO… more