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

All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former… more

Say goodbye to the traditional panel of experts, the ones routinely featured at educational events and conferences worldwide. Say hello to new panels of AI experts: panels in your pocket that you can call upon anytime, anywhere. New… more

Not so long ago, zeal for corporate action on ESG was skyrocketing. Now? Not so much. What happened? Many have attributed the decline in appetite for ESG to the politicization of ESG and particularly to ESG backlash. This paper from… more

Adalimumab 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

An updated version of the ADVANCE Act—broad-ranging legislation intended to support deployment of new nuclear reactors in both the United States and abroad, among other things, received strong movement forward this past week in both… more

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55 (5/8/2024)… more

This article describes the current challenges in developing a European MM CLO market, and how asset managers may overcome them. Originally published in Butterworths Journal of International Banking and Financial Law - April 2024… more

In corporate transactions of all kinds—mergers, acquisitions, and other business combinations—the purchaser company (Purchaser) must confront the question of how to treat the outstanding equity awards and the current equity incentive… more

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the… more

Members of the North Carolina General Assembly were back in Raleigh this week for a round of committee meetings and floor votes in each chamber. House and Senate appropriations chairs continued to meet behind the scenes throughout the… more

The Singapore Court of Appeal held on 2 May 2024 in Voltas Ltd v York International Pte Ltd that (1) a conditional award can be a final award; and (2) following the issuance of a final award and absent an express reservation of… more

In response to high-profile concerns about foreign interference in Canadian elections, Canada’s Minister of Public Safety has proposed a new Bill C-70, the Countering Foreign Interference Act (Bill). The Bill makes a number of sweeping… more

On April 17, 2024, the SEC’s Division of Examinations issued its latest risk alert regarding Rule 206(4)-1 of the Investment Advisers Act of 1940, known as the Marketing Rule. Following the examinations staff’s June 2023 and September… more

Vance Street Capital has announced it has closed its fourth fund, Vance Street Capital IV, with $775 million. The fund exceeded its target of $550 million in commitments… more

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent infringement… more

Regulatory, Legislative and Litigation Developments - Federal Agencies and the White House Issue Six Month Update on AI Activities Outlined in President Biden’s Executive Order on AI. Since President Biden issued his sweeping… more

In Warner Chappell Music, Inc. v. Nealy, a 6-3 decision published last week, the U.S. Supreme Court held that a copyright plaintiff can recover damages for all infringing acts, including for infringement that occurred more than three… more

The Spanish National Markets and Competition Commission (CNMC), the authority in charge of supervision and control of competition and DSA coordinator, has published a public consultation on cloud services. The Consultation comprises a… more

It is no secret that the legal profession can be a relatively stressful and complicated one. With cases to be won, deals to be closed, and clients to be assuaged, health consequences may follow if lawyers do not take precautions… more

Budgets - The $3.4 billion General Fund Budget and supplemental appropriations, the mechanism for funding non-education-related expenses, have been sent to the Governor for her signature… more

Plaintiff Fujikura Composite America, Inc. (“Fujikura”) is one of the most prominent golf club shaft designers and manufacturers. Per Fujikura, in the 2022-2023 PGA Tour season, half of all PGA tournaments were won by a player using a… more

On April 15, 2024, the SEC announced the settlement of administrative proceedings brought against a registered investment adviser for alleged violations of Section 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-5… more

The U.S. Environmental Protection Agency (EPA) announced on May 8, 2024, that, in collaboration with the PETA Science Consortium International (PSCI), the Institute for In Vitro Sciences (IIVS), and the California Department of… more

Following the release of the Foreign Interference Commission’s Initial Report on May 3, 2024, Canada’s Minister of Public Safety has tabled Bill C-70, the Countering Foreign Interference Act (Bill). The Bill would create a regime to… more

In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no separate… more

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email box… more

In May 2024, the European Commission (“EC”) published a policy briefing on the application of European competition law to conduct related to labor markets, in particular no-poach and wage-fixing agreements. The EC’s paper will by no… more

On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will go into effect. Under this new provision, it will be a violation of the CLRA if a company advertises, displays, or offers goods or… more

On 6 April 2024, Kazakhstan adopted a law that will amend and supplement certain legislative acts on doing business (the Law). The Law amends a number of fundamental national legislative acts, including the Land Code, the… more

The Federal Trade Commission (FTC), in a tight 3–2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Non-compete agreements have never been regulated at the federal level and the FTC’s adoption of its new… more

According to Bloomberg, there’s now a bipartisan push to re-propose the SEC’s stock buyback rule. As you may remember, the SEC’s Share Repurchase Disclosure Modernization rule, adopted in 2023, required quarterly reporting of detailed… more

A survey conducted by the 401(k)-platform, Guideline, found that while employers and employees both agree that retirement benefits are valuable, some companies underestimate their value in retaining and recruiting employees… more

Election year is here, and it comes as no surprise that federal agencies are rapidly issuing new rules and guidelines ahead of November, although there has been a very unusual number of developments from federal agencies that may catch… more

On April 29, 2024, the SEC announced the settlement of administrative proceedings brought against a registered investment adviser for alleged violations of Section 17(d) of the Investment Company Act of 1940, Rule 17d-1 thereunder, and… more

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed… more

For time immemorial Pennsylvania’s appellate law has held that people who have children have a duty to deploy their resources to see that those children are adequately support. Child support is a “priority” obligation. “The duty to… more

May 10, 2024- The House Committee on Rules publicly noticed its intent to consider the Financial Innovation and Technology for the 21st Century (FIT21) Act, clearing a pathway for a floor vote later this month… more

The U.S. Supreme Court’s recent decision in Warner Chappell Music, Inc. v. Nealy has profound implications for copyright disputes. This ruling recalibrates how damages are assessed and could lead to an increase filing of cases… more

On April 23, the U.S. Department of Labor (DOL) finalized its latest effort to change the rules for determining who a fiduciary is under the Employee Retirement Income Security Act of 1974, as amended (ERISA). Called the final… more

The State of Utah recently amended its general data breach notification statute to update the content that must be reported to the Utah Attorney General or the Utah Cyber Center. The amendments also clarify when notifications can be… more

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year… more

A supplemental needs trust (SNT) is an important estate planning tool for those with a special needs child. It ensures that your special needs child is taken care of after you are gone. Unlike other types of trusts, assets placed in an… more

Monday, April 13, 2024: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection - OFCCP published in the Federal Register Notice of a 30-day public comment period on its… more

Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on the cusp… more

One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer service/call center… more

What are the risks of an IRS quiet disclosure? Is there a formal IRS process known as a "quiet disclosure," and does the IRS honor this strategy for amended tax returns?… more

In a recent unpublished memorandum opinion in a putative class action, Carpenter et al. v. Opportunity Financial, LLC, the U.S. Court of Appeals for the Ninth Circuit upheld an arbitration clause in an agreement governing loans… 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