The European Union’s controversial and intensely debated Corporate Sustainability Due Diligence Directive (commonly referred to as the CS3D) received final approval by the EU Parliament on April 24, putting an end to the legislative… more

Third-Party Administrator (TPA) Definiti LLC announced a program for financial advisers who have 401(k) books of business, that will offer access to proprietary retirement plan resources, reports, and a dedicated account manager to… more

The United States has reversed its 2023 relaxation of certain sanctions against Venezuela in response to failures by representatives of Venezuela President Nicolás Maduro to uphold commitments outlined in a roadmap for democratic… more

Criterion Corporation - B-422309 - • In Air Force procurement for base operations support services, the Agency had eliminated the protester from consideration for award on the basis that its proposed price was significantly lower… more

One of the most important documents for fund managers is the marketing deck. Whether it’s to raise a new fund or a special purpose vehicle, or just to build relationships with prospective investors, every fund manager has some form of… more

25 Republican AGs have petitioned the U.S. Court of Appeals for the D.C. Circuit to review the EPA’s rule entitled “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (“Standards”)… more

On April 17, 2024, the United Stated Supreme Court announced its decision in Muldrow v. City of St. Louis, Missouri, et al., in which the Court clarified the “adverse action” standard to be applied in discrimination cases under Title… more

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming increasingly… more

Virginia has taken a significant further step to promote clean energy. The General Assembly recently passed legislation promoting the development of small modular nuclear reactor (SMR) electric-generating facilities. Under the… more

On April 18, 2024, the Department of Regulatory Agencies (DORA) presented additional draft rules for Colorado’s regulated natural medicine market to the Natural Medicine Advisory Board, focused on facilitator conduct and relationships… more

There have been recent developments from both the Internal Revenue Service (“IRS”) and the Department of Labor (“DOL”) and pending court cases about how plan forfeitures under defined contribution retirement plans must be handled. As… more

On April 10, 2024, the Environmental Protection Agency (“EPA”) finalized the National Primary Drinking Water Regulation (“NPDWR”) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS, also known as “forever chemicals,” are widely… more

On April 15, 2024, Germany’s Federal Institute for Occupational Safety and Health (BAuA) REACH-CLP-Biozid Helpdesk published an item entitled “Dossier Submitter’s ongoing role in the PFAS restriction proposal.” While the European… more

The U. S. Supreme Court has clarified that a plaintiff must show harm in addition to improper discriminatory intent when bringing a change-of-terms-or-conditions-of-employment claim under Title VII’s anti-discrimination provision… more

After much anticipation, the U.S. Department of Labor (DOL) unveiled its Final Rule on April 23, 2024, increasing the salary that an employee must earn in order to qualify for the executive, administrative, professional and highly… more

The Department of Labor Occupational Safety and Health Administration (OSHA) is amending an existing rule to provide clarification on the right employees have to authorize a representative that accompanies an OSHA Compliance Safety and… more

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only to… more

The U.S. Environmental Protection Agency (EPA) announced on April 19, 2024, that it issued an emergency fuel waiver for E15 sales. EPA states that the waiver will help consumers protect themselves against fuel supply shocks by reducing… more

On April 23, 2024, the U.S. Department of Labor (“DOL”) published its final rule increasing salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (“FLSA”) overtime requirements. The… more

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120 days after… more

On April 15, the EEOC issued its final regulations interpreting the Pregnant Workers Fairness Act, a law that became effective on June 27, 2023. The regulations will take effect on June 18, 2024… more

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms of per-… more

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026, prohibit… more

The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website for lack of… more

The value of an asset at the time of a transfer is the key component to the United States’ transfer tax system. Gratuitous transfers during lifetime are considered gifts, while transfers as a result of the death of the owner are… more

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a final rule that broadly bans the vast majority of employment related noncompete provisions. Specifically, the rule prohibits employers from enforcing existing… more

After years of tumultuous and unpredictable regulatory uncertainty, the Maine Legislature has again decided to overhaul the state’s PFAS in Products program, dramatically shrinking the scope of the reporting requirements and creating a… more

One of the worst-kept secrets among the plaintiffs’ bar is that claims like “pure” and “natural” on consumer-product labels can lead to class-action claims. Two recent court decisions denying motions to dismiss underscore the continued… more

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of… more

In the latest update to Kentucky’s Medical Cannabis Program (the “Program”), Governor Andy Beshear signed House Bill 829 which moved up the timeline to apply for cannabis business licenses by six months. Additionally, two emergency… more

Colorado has amended its privacy statute, the “Colorado Privacy Act,” to explicitly protect “neural data.” The new amendment, signed into law by Governor Jared Polis on April 17, 2024, adds both “neural data” and “biological data” as… more

On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly increases… more

Welcome to The Woody Report, where Washington & Lee School of Law Associate Professor Karen Woody and host Tom Fox discuss issues on white-collar crime, compliance issues, international corruption, securities and accounting fraud, and… more

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection all require creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the… more

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s… more

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 77 covers the provisions of California’s Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising… more

On episode 15, Tina and Jennie welcome Angela O’Neal, the Director of Nextra Solutions, a division of Maynard Nexsen that offers information management and electronic discovery services. Angela shares how businesses and employers can… more

After an almost two-year rulemaking process, the U.S. Department of Education (“Education Department”) published the final version of the highly anticipated Title IX Regulations on April 19, 2024. The final regulations, which will not… more

On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404 permitting… more

Making New York the first state to mandate paid prenatal leave, the legislature on April 19, 2024 passed an amendment to New York Labor Law § 196-b that will require employers to provide up to 20 hours of paid leave in a 52-week period… more

Abstract Issue: As states continue to enact new restrictions on abortion since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, access to critical reproductive health and abortion care services have… more

The consequences of a cyberattack can be catastrophic, as we saw in the previous blog of this series. Cybersecurity is a business-wide responsibility that demands a proactive strategy extending far beyond technical solutions alone… more

On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days after its… more

The Federal Circuit handed down an opinion last week that invalidated several asserted claims and found infringement under 35 U.S.C. § 271(e)(2) of the claims, while refusing to modify its judgment on infringement after Defendant… more

On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business… more

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) prohibiting the use of non-compete restrictive covenants (with a limited exception) throughout the United States as an unfair method of… more

More than a year after the Federal Trade Commission proposed a game-changing nationwide ban on noncompete agreements, the agency yesterday issued its final rule for implementing the ban. The prohibition, which is slated to go into… more

On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024… more

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response… more

Remember when your math teacher told you to show your work even if you had the correct answer? Now, that exact requirement unequivocally applies to attorney fee awards in Oklahoma. In a recent decision, the Oklahoma Supreme Court… more

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.  The rule is set to take effect 120 days after it is published in the Federal… more

Your carefully curated fine art collection is an important, and often emotionally charged part of your estate. If not specifically addressed in your will, or some other arrangement isn’t made, your important fine art falls into the… more

Law firms are realizing the need to adapt their marketing strategies to meet the changing expectations of their clientele. This is where omnichannel marketing emerges as a critical player in transforming the way legal services are… more

A number of affordable housing components of the New York State Budget Bill are worth calling out for developers, as the moves, along with the hundreds of millions of dollars coming from the state, should spur development. In a… more

The Federal Trade Commission (FTC) has issued a new rule broadly banning noncompete agreements, marking a sea change in their regulation, which previously has been primarily governed by state law. Once effective, existing noncompete… more

On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements. The final rule bans all non-competes nationwide, including de facto non-competes, with… more

Drawing on a carrot and stick approach, Department of Justice (“DOJ” or the “Department”) guidance in 2023 focused heavily on incentivizing companies to voluntarily self-disclose their misconduct. This guidance included the Criminal… more

The distinction between direct and derivative claims is a recurring theme on The LLC Jungle. In a nutshell, under California law, an LLC (just like a corporation) is treated as a legal entity separate and distinct from its owners… more