Holland & Knight Health Dose: April 30, 2024
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector… more
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector… more
Issuing convertible notes has long been an attractive capital-raising option for public companies. At its most basic essence, a convertible note is a debt instrument that pays interest and principal, but also carries the right to… more
Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about… more
En Concepto 100202208-0758 del 23 de abril de 2024, la Dirección de Impuestos y Aduanas Nacionales (DIAN) de Colombia reconoció que a los costos y deducciones asociados a los "contratos de futuros" transados en la bolsa de valores del… more
The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take. In October 2023, the UK’s Jurisdiction Taskforce (UKJT), which is made up of senior… more
Rene Novoa, Director of Forensics for EDRM Trusted Partner HaystackID, sits down with Kaylee and Mary to talk about his journey to eDiscovery, his excitement over HaystackID's Mobile Elite Discovery and Analysis Lab (MEDAL) Suite, the… more
To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for attacks on… more
Mexico's Federal Official Gazette (Diario Oficial de la Federación or DOF), on April 23, 2024, published the "Agreement Num. A/023/2024 issued by the energy regulatory commission by means of which agreement a/064/2017 is modified… more
On April 23, Rhode Island Attorney General (AG) Peter Neronha, approved the merger of Rhode Island PBS and The Public’s Radio… more
Newly effective regulations governing confidentiality of Substance Use Disorder (SUD) records now more closely mirror regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal… more
Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy… more
By now, companies that collect, process, and store the personal data of consumers are used to a fast pace of state privacy and cybersecurity legal activity. This year, companies should also expect increased activity from federal… more
A recent lawsuit in Alabama, challenging the award of medical cannabis licenses by regulators, underscores the potential pitfalls in licensing regimes where applicants are selected based on specific enumerated factors. Below, we… more
On April 30, 2024, Panda Group, Inc. and its affiliates, Panda Inn, Panda Express, and Hibachi-San (“Panda Express”), filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party gained… more
On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their… more
As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits and enacted under § 6418 an election that allows eligible taxpayers to sell… more
Generative AI has made the headlines for over a year now. What is this new technology? What can it do? How can it help in business? Is it safe? Is it ethical? These are all common questions observed in articles, blogs, podcasts, and… more
The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance litigation to… more
The U.S. Food and Drug Administration (FDA or Agency) announced on April 29, 2024, in a forthcoming and long-awaited final rule that laboratory developed tests (LDTs) will be regulated as medical devices… more
Cannabis would move to Schedule III from Schedule I under this reclassification. In a move long awaited by the cannabis industry, the Drug Enforcement Administration (DEA) has decided to re-schedule cannabis. Currently classified under… more
The SEC recently settled charges against five registered investment advisers for violations of the marketing rule (“Marketing Rule”) under the Investment Advisers Act of 1940 (“Advisers Act”)… more
Recent developments in the Massachusetts cannabis industry, significant legislative changes, and legal actions have spotlighted the contentious issue of so-called community impact fees. These fees, which are intended to offset… more
While the general commercial real estate markets have faced more than a year of raising interest costs, fewer deals, and economic uncertainty, the branded-residences sector has not only remained resilient but also has continued to… more
On April 25, 2024, Therapeutic Health Services (“THS”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that information in the company’s possession was… more
U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days… more
Incivility during contentious depositions is not a new topic for this blog. While the available evidence indicates that professionalism toward legal adversaries is on the rise, the topic of overbearing behavior during depositions… more
Although the overall economy is improving, the real estate sector continues to confront serious challenges. More than $2.2 trillion in commercial real estate debt is expected to mature before the end of 20271, and much of it will be… more
In January, we published an article in this newsletter on the state of cannabis taxation, including a discussion of the crippling impact of Internal Revenue Code §280E (IRC §280E) on the industry. Since that article was published, the… more
On April 19, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published an interim final rule (“IFR”) that officially codifies certain changes to the Export Administration Regulations (“EAR”) precipitated… more
The U.S. Department of Labor has finalized a new rule that increases the salary thresholds for exempt employees under the Fair Labor Standards Act (FLSA). This new rule is intended to expand overtime opportunities for millions of… more
Since the Corporate Transparency Act took effect on January 1, 2024, scammers have seized the opportunity to send notices to owners of recently formed companies offering “filing services.” In response to these scams, FinCEN posted an… more
Explaining how a strong culture of ethics and compliance can help your enterprise to succeed is tricky business. So imagine my delight when I came across a recent speech from a banking regulator who did exactly that… more
We continue our exploration of corporate culture. Today, we consider the intersection of the Fraud Triangle and a toxic culture. The Fraud Triangle is well-known to most compliance practitioners. It is pressure, opportunity, and… more
On April 11, California Attorney General (AG) Rob Bonta filed an amicus brief before the Supreme Court of the State of California arguing that policyholders should be able to assert claims under the state’s Unfair Competition Law (UCL)… more
It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some jurisdictions… more
On April 23, 2024, the Department of Labor (DOL) released its highly anticipated final rule regarding overtime pay eligibility. The new rule, which goes into effect on July 1, 2024, significantly raises the salary thresholds for the… more
On April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) released a final rule that will require long-term care facilities (LTCFs) to satisfy minimum nurse staffing standards with the goal of addressing patient quality… more
We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of recent… more
While media reporting has predominantly focused on the provisions in the emergency foreign aid package that President Biden signed into law on April 24, 2024 that provides funding for Ukraine, Israel and Taiwan, House Foreign Affairs… more
Cue the Ron Paul “It’s Happening” gif and shout it from the rooftops: DEA will reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act, per a report from the AP. The United States federal government… more
Yesterday, the Food & Drug Administration (“FDA” or “the Agency”) issued a highly anticipated – and highly controversial – final rule, which rolls out a four-year, five-stage plan that will phase out the Agency’s previous policy of… more
As was widely published last week, the Federal Trade Commission (“FTC”) issued its long-awaited Final Rule which prohibits employers from entering into non-compete agreements with employees with limited exceptions. The next day, the… more
On January 19, 2024, Palworld launched into early access on Xbox and Windows. To say it was an overnight success is an understatement. By only a month in, Palworld had been played by over 25 million players.To put this in… more
On April 29, 2024, the US Food and Drug Administration (FDA) issued the long-awaited final rule around the regulation of laboratory developed tests (LDTs), which are in vitro diagnostic products (IVDs) that FDA describes as intended… more
On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from interested… more
On April 12, 2024, Kansas Governor Laura Kelly signed SB 345, which establishes commercial financing disclosure requirements. The new law will take effect on July 1, 2024, and will apply to commercial financing transactions of $500,000… more
The Department of Labor issued a Final Rule on April 24, 2024, addressing the salary requirements for the overtime (“white collar”) exemptions under the Fair Labor Standards Act. The Final Rule increases the standard salary level for… more
Yesterday, the Federal Trade Commission (“FTC”) announced its long-anticipated final rule finding that the vast majority of non-compete agreements constitute unfair methods of competition, and are thus invalid. An estimated 30 million… more
On April 15, 2024, the US Food & Drug Administration (FDA) announced the establishment of the Center for Drug Evaluation and Research (CDER) Center for Clinical Trial Innovation (C3TI). C3TI will serve as the central support hub for… more
International Geneva – A global governance ecosystem of over 40 international organizations, 178 country representations and 700+ non-governmental organizations… more
Federal law establishes minimum wage and overtime requirements for non-exempt employees. These rules do not apply to individuals who qualify under the executive, administrative, and professional exemptions in the Fair Labor Standards… more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following… more
The Criminal Division of the U.S. Department of Justice (DOJ) announced a Pilot Program on Voluntary Self-Disclosures for Individuals (Pilot Program) on April 15, 2024. Under the new policy, individuals who were involved in certain… more
This post examines excess deferrals under non-governmental 457(b) plans, including the approved method for correcting them and the penalty for failing to correct them, to make the case for a change in IRS policy on correcting… more
The New York State fiscal year 2024 – 2025 budget was signed on April 20, 2024, instituting, among many other provisions, a new tax on health plans, including insurers and managed care organizations. This tax has been garnering… more
Yes, your audience is noticing that outdated copyright year in your footer. While you might order pizza from a website that’s straight out of 2005, you probably wouldn’t trust a lawyer with a site like Saul Goodman’s. Many firms are… more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of… more
On April 19, 2024, the Department of Commerce Bureau of Industry and Security (BIS) issued an interim final rule reducing export control licensing requirements for Australia and the United Kingdom (UK) as a means to further strengthen… more
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