A proposed initiative is being circulated to place on the November 5, 2024 ballot, an ordinance amending the Business and Tax Regulations Code effective January 1, 2025… more

Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section 401(a)(9)… more

Hydrogen, solar, wind—and even microwave beams from outer space—are a few of the alternative energies being explored as the world strives to cut the cord on carbon emissions. Recently, advancements in geothermal energy technologies… more

On May 2, 2024, the Department of Defense (DoD) issued a class deviation to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. The deviation relates to contractors’ compliance with National… more

On February 15, 2024, the Federal Communications Commission (FCC) voted to adopt rules expressly addressing revocation of consent. The FCC’s stated goals were to “strengthen consumers’ ability to revoke consent” and “codify previously… more

Recently, Optum Behavioral Health (“Optum,” the services division for UnitedHealth Group) has initiated overpayment recovery actions against numerous licensed clinical social workers (“LCSWs”) across the country for services provided… more

CYBERSECURITY - Health Care Entities Continue to Get Pummeled by Cybersecurity Attacks - The newest health care entity to be hit by a cyberattack is Ascension Health, which operates 140 hospitals and 40 assisted living facilities… more

Married couples that are contemplating separation or divorce often want to put off thinking about the future during the summer and instead get in that pre-planned Disney trip with their kids… more

The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this term… more

To address the ongoing need for affordable housing in New York, Governor Hochul and the state legislature have passed additional incentives to spur affordable housing development… more

For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and Guidelines and a… more

On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the use of… more

Brandy Melville Doubles Down Against Redbubble The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against… more

Brandy Melville Doubles Down Against Redbubble The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against… more

We have recently seen a notable uptick in the usage of equity commitment letters (ECLs) in fund finance transactions and have been spending an increasing amount of time discussing their merits with our clients’ credit teams… more

Over the last ten years, we have seen a marked shift from the Delaware Chancery Court chipping away at corporate board member liability claims.  In a number of seminal cases involving Boeing airplane crashes (In re the Boeing Co… more

The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to implement… more

On April 25, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations (T.D. 9993) (the “final regulations under section 6418”) concerning the election to transfer certain… more

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of… more

In state law news, the West Virginia legislature is considering two new telemarketing bills, while a new law has taken effect in Maryland… more

This week, the Massachusetts Supreme Judicial Court (SJC) reviewed a lower court’s dismissal of gun-related indictments against Richard Dilworth, Jr., related to the state’s refusal to disclose the bitmojis and usernames it used to… more

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner Chappell… more

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act of 1964… more

On April 30, 2024, the US Federal Trade Commission (“FTC”) announced that it had sent “warning letters” to 10 branded pharmaceutical manufacturers, alleging that the companies had made “improper or inaccurate listing of patents” in the… more

Part one in a series of four article about adopting and implementing experience management process and systems within your law firm… more

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after healthcare… more

On April 23, 2024, the Department of Labor published revised Regulations governing the exemptions from entitlement to overtime for salaried employees. The minimum dollar amount of compensation required for exempt status increases to… more

El Ministerio del Trabajo de Colombia el 29 de abril de 2024, expidió el Decreto 533 de 2024 por medio del cual sustituyó la Sección 10 del Capítulo 1 del Título 6 de la Parte 2 del Libro 2 del Decreto 1072 de 2015, Único Reglamentario… more

Fourth Circuit decision highlights the wide discretion federal district courts have to manage their calendars. The timing of litigation in federal courts is case-specific and hard to predict, but data from North Carolina federal courts… more

The Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) in Mexico, on May 6, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or CONAMER)… more

A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first asked to be… more

Energy is the cornerstone of our society and its availability, or lack thereof, touches every corner of our lives and impacts every business, regardless of sector. The availability of affordable energy on-demand is essential to the… more

FTC final rule banning noncompetes grandfathers existing agreements for senior execs - The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would cover most… more

In response to the direction issued on March 19, 2024, by the Board of Supervisors of Fairfax County, Virginia, the county's Department of Planning and Development recently released proposed text for a zoning ordinance amendment to… more

On May 9, 2024, reports began to emerge discussing a data breach at the Dental Group of Amarillo (“DGA”). Evidently, in statements about the breach, DGA explained that the incident resulted in an unauthorized party being able to access… more

The buzzword of “artificial intelligence” (AI) is everywhere. And in the legal industry, it’s being touted as the breakthrough we’ve been waiting for to revolutionize how legal research and discovery are performed… more

Rapid advancement in life sciences technologies has made keeping up with the legal implications more important than ever. Join the Berkeley Center for Law and Technology for the 2nd BCLT Advanced Life Sciences Institute, where you will… more

A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals… more

In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope of the… more

In Pennsylvania, House Bill 917 has been signed by the Governor and establishes the Uniform Family Law Arbitration Act (UFLAA). The Act provides families with an alternative to litigation in Court which is financially economical, more… more

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions… more

Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that must be… more

On April 26, 2024, Forefront Dermatology d/b/a/ Premier Dermatology 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… more

On May 6, 2024, Brazil’s National Agency of Waterway Transportation (“ANTAQ”) launched Public Consultation No. 08/2024, seeking feedback on the new mechanisms for re-establishing an economic and financial balance of concession… more

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for unpaid… more

In the latest surge of lawsuits against retailers for embedding tracking technology into websites, yummy cookie company Crumbl was sued on May 1, 2024, for allegedly embedding web-tracking technology allowing third-party processing… more

A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual capacity… more

On April 24, 2024, the U.S. Treasury Department and the Internal Revenue Service released final regulations (the “Final Regulations”) regarding when REITs and certain regulated investment companies investing primarily in securities of… more

​​​​​​​On May 6, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint ​and two proposed stipulated final judgments to resolve its claims against the National Collegiate Student Loan Trusts (the… more

The U.S. Supreme Court issued a decision this week, finding that the 3-year statute of limitations for claims under the Copyright Act does not limit recovery of damages to three years prior to the filing of the lawsuit. The case… more

Demand for tokenized real-world assets (RWAs) is rapidly growing across the decentralized finance (DeFi) community, with growing interest among existing crypto-native participants and across the traditional finance industry generally… more

On May 3, 2024, Redwood Coast Regional Center (“RCRC”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering unauthorized activity within its computer network. In… more

In an evolving (and somewhat disjointed) process, FinCEN has been providing guidance to persons and entities that are responsible for filing required beneficial ownership information (“BOI”) reports to FinCEN, as well as to “beneficial… more

In today's digital landscape, the exchange of personal information has become ubiquitous, often without consumers fully comprehending the extent of its implications. The recent actions undertaken by the Federal Trade Commission (FTC)… more

Key Points - On Thursday, April 25, the FCC voted 3–2 to reinstate the Commission’s net neutrality framework by reclassifying broadband Internet access service as a Telecommunications Service, which is regulated under Title II of the… more

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp. v… more

Last week, the CFTC updated its large trader position reporting rules for futures and options. First proposed in June 2023, this much-needed change modernizes a rule that had gone largely unchanged since the 1980s… more

Obviousness Analysis Does Not Consider Unclaimed Limitations - In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals Usa, Inc., Appeal No. 22-1258, the Federal Circuit held that district court erred by adding unclaimed limitations… more