On April 29, 2024, Chairman John Moolenaar, the new Chairman of the Select Committee on the Chinese Communist Party, unveiled his priorities… more

The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available! This year, we are thrilled to feature Hon. William McCurine as our keynote speaker. The segments this year include: -… more

Several states are considering or have enacted legislation to create prescription drug affordability boards (PDABs)… more

On May 1, 2024, the SEC Small Business Capital Formation Committee submitted its accredited investor definition recommendations to the SEC.  Currently, an investor may qualify as an accredited investor by meeting certain professional… more

On April 29, the U.S. Food and Drug Administration (FDA) released a final rule that will gradually phase out FDA’s long-standing policy of enforcement discretion for laboratory-developed tests (LDTs), subjecting them to the same… more

FDA’s Final Rule regulating Laboratory-Developed Tests (LDTs) has been published in the Federal Register yesterday, May 6, 2024. This follows a decades-long effort by some stakeholders to clarify the regulatory status of these tests… more

The flurry of AI-related activity has certainly begun. Earlier this week, the Department of Commerce’s National Institute of Standards and Technology (NIST) released new draft guidance to improve the safety, security and… more

On April 24 and 25, 2024, the United States Court of Appeals for the First Circuit unanimously upheld two federal district court decisions rejecting challenges to the federal approvals for the Vineyard Wind offshore wind farm in the… more

In 1984, the U.S. Supreme Court decided in Chevron U.S.A. v. Natural Resources Defense Council, Inc. (467 U.S. 837) that Federal departments and agencies can interpret federal law when the statute is unclear. Over the years, there has… more

On this episode, Heather and Lauren welcome Shannon Frazier, the Executive Director of Human Resources for Lenovo North America, a Fortune 500 company and the world’s leading PC maker. They discuss how Lenovo’s products protect… more

Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment that took… more

Lots going on in the employment regulatory environment last week! In this episode, Candee and John dive into OFCCP's newly issued AI guidance in which the agency misstates the way Adverse Impact operates under Title VII, as well as… more

The Federal Communications Commission (FCC) voted on April 25, 2024 to reinstate its net neutrality rules by reclassifying broadband internet access service (BIAS) as a “telecommunications service” under Title II of the Communications… more

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that… more

Both chambers of Congress are in session this Tuesday, Wednesday and Thursday. The Senate is out today, and the House is out on Friday. Both chambers will also hold healthcare-related hearings on Wednesday morning focused on… more

The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on July 1… more

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are… more

Monday, April 29, 2024: U.S. EEOC Released Finalized Controversial Update to its Workplace Harassment Guidance - The U.S. Equal Employment Opportunity Commission (“EEOC”) finalized updates to the agency’s sub-regulatory “Enforcement… more

On April 24, 2024, the New York State Department of Financial Services (NYDFS) published Proposed Rule Making for the 13th Amendment to Insurance Regulation 17, 20 and 20-A (Proposed Amendment), which purports to implement the NAIC… more

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes unlawful… more

So far 2024 has seen a flurry of new and proposed state comprehensive privacy legislation. Nebraska and Kentucky are the two latest states to jump on the bandwagon. Both follow the now familiar framework established by the Virginia… more

On April 5, 2024, the New Jersey Division of Taxation issued guidance discussing New Jersey’s adoption of the federal centralized partnership audit regime enacted as part of the federal Bipartisan Budget Act of 2015, P.L. 114-74. The… more

Traffic is a risk for motorists, cyclists and pedestrians on Tallahassee’s roads. Traffic accidents are among the leading causes of traumatic injuries—and they are among the most common reasons why local residents need to hire a… more

In this episode, Allison Raley, AGG’s Women in Tech Law co-chair, is joined by Susan Lam, chief risk officer of Bakkt, to discuss the path to cybersecurity and risk roles, including specific training and educational programs to obtain… more

Side letters document bespoke arrangements between all or certain parties to a financing transaction and supplement the terms of the principal documents thereto. Becoming increasingly popular with stakeholders, and with the ability to… more

With the explosion of Artificial Intelligence (AI) use and application, the Massachusetts Attorney General’s recent release of AI guidelines should serve as a reminder to healthcare providers and health IT developers of the various… more

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule. The Rule is… more

A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - Small and Mighty: How small businesses can reinvent downtown San Francisco (SPUR Policy Brief): SPUR’s research, drawn from a literature review… more

This handy one-pager is designed to be used by our clients to provide a quick reference guide for the complex topics of trade sanctions and export control regulations. The goal is to briefly summarize key points for each program… more

Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. Data protection legislation in Portugal is aligned with European Union law, in particular with the General… more

The U.S. Federal Trade Commission sent shockwaves through the corporate world in April when the agency imposed a ban on noncompete agreements – and like any good shockwave, this new rule will reverberate through the ethics and… more

On April 19, 2024, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a consolidated putative securities class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule… more

On April 25, 2024, the Government of Alberta tabled Bill 20, the Municipal Affairs Statutes Amendment Act. The bill proposes changes to two pieces of legislation concerning municipal elections and governance: the Municipal Government… more

Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and Employment… more

Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and Employment… more

The U.S. Securities and Exchange Commission’s (SEC) Whistleblower Program was created in Section 922 of the Dodd-Frank Act of 2010, which amended the Securities Exchange Act to include a whistleblower provision. It has since become one… more

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice… more

On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S. companies that… more

On April 25, 2024, the Department of the Treasury and the Internal Revenue Service issued final regulations (T.D. 9993) (the “Final Transfer Regulations”) regarding the transfer election for certain tax credits by eligible taxpayers… more

The “GILTI Conscience” podcast team, led by partners David Farhat and Nate Carden, hosted Clark Armitage of Caplin & Drysdale for an in-depth conversation on the various methods for resolving cross-border transfer pricing disputes… more

La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las… more

Successful negotiations require understanding your goals and considering the goals of the other party. Thorough preparation involves reviewing the legal frameworks, identifying potential obstacles and opportunities, understanding… more

Governor Hochul has nominated Walter Mosley to serve as New York’s Secretary of State. The previous secretary of state, Robert Rodriguez, has taken another statewide role as the head of the Dormitory Authority of New York. Mosley… more

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information systems… more

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of promoting… more

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month… more

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a creature… more

After several years of refusing to adopt special rules applicable in mass arbitration proceedings, JAMS announced that it has issued Mass Arbitration Procedures and Guidelines and a Mass Arbitration Procedures Fee Schedule effective… more

On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to the… more

The U.S. Department of the Treasury and IRS released final regulations on May 3, 2024, on Clean Vehicle Credits under Sections 25E and 30D of the Internal Revenue Code. Among other areas, the regulations provide final guidance on the… more

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies… more

Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company.  The company had no other employees in the new state and the client… more

Is there a hotter topic in the business world than AI? AI offers major opportunities for progress and productivity gains, but substantial risks as well. According to FactSet, 179 companies in the S&P 500 used the term “AI” during… more

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in large part… more

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim Chalmers says… more

The Equal Employment Opportunity Commission’s long-awaited new Workplace Harassment Guidance was issued on April 29, 2024. The last one was issued in 1999!… more

The US Food and Drug Administration (FDA) on April 29, 2024 announced its Final Rule on laboratory-developed tests (LDTs). This marks the beginning of the end of FDA’s broad and long-established enforcement discretion policy for LDTs… more

The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to the School… more