California Adds Exemptions to FAST Recovery Act
On March 25, 2024, Governor Newsom signed Assembly Bill 610 into law. AB 610 will exempt some businesses from needing to comply with the Fast Recovery Act… more
On March 25, 2024, Governor Newsom signed Assembly Bill 610 into law. AB 610 will exempt some businesses from needing to comply with the Fast Recovery Act… more
Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their containers, and… more
The Defend Trade Secrets Act of 2016 allows for U.S. district courts to preside over matters of foreign misappropriation of U.S. technology and trade secrets. Jones Day’s Randy Kay, who chairs the Firm’s global trade secrets focus… more
Being a young attorney is difficult. Success depends on having the right skillset. This includes tools relevant to the job of being an attorney, but also tools that will allow you to do the job effectively..… more
Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that consumers are… more
PART 2. THE “BUSINESS CASE” TO MITIGATING PFAS RISK IN 2024 - PFAS have been described as the “new asbestos,” in terms of the scope of regulatory burden and litigation risk facing manufacturers whose products contain PFAS. This… more
As we wrote earlier this month, the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower incentive… more
Electronic identification and trust services (eIDAS) refer to a range of services that include verifying the identity of individuals and businesses online and verifying the authenticity of electronic documents. Since 2014, such… more
The text of the directive to amend the AIFMD (so-called AIFMD 2.0) was published in the Official Journal of the EU on 26 March 2024 and will enter into force on 15 April 2024. Member States have 24 months to transpose the… more
Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating to… more
With sustainability increasingly being folded into corporate strategy, supply chain transparency and accountability are front of mind topics. Suppliers and vendors are critical partners in day-to-day operations, and their… more
On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises lunchtime injury. In Latschaw v. Lakewood… more
In a recent development from Trenton, a proposed bill aims to tighten regulations regarding suspected marijuana impairment while driving. Under this legislation, drivers suspected of being under the influence of marijuana would be… more
The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor Relations… more
As the days lengthen and flowers begin to bloom, spring isn’t just a time for nature to awaken – it’s the perfect opportunity to awaken your CRM system from hibernation. After the hustle and bustle of fall and winter, your CRM… more
For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into participating in… more
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her working time… more
The New York City Department of Consumer and Worker Protection (DCWP) recently published the Workers’ Bill of Rights, a comprehensive guide to employee, applicant and independent contractor rights in the workplace in New York City… more
As MMM's construction group discussed back in August of 2023, converting an office building into a multifamily residence is an intriguing concept but "not quite the silver bullet that will solve all the issues with both the market for… more
The Biden Administration recently released a 2025 Budget Proposal which includes permitting biosimilar substitution without the Food and Drug Administration’s (“FDA”) separate determination of interchangeability. Specifically… more
On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American Economy… more
Beginning in late 2023, plaintiffs have filed dozens of putative class action lawsuits against companies that sell tickets to entertainment venues and events in New York. These suits arise from allegations that companies are imposing… more
Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a pre-employment… more
The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP enforcement… more
In Franklin Savings Bank v. Bordick, issued on February 29, 2024, the Law Court reversed a decision of the Business and Consumer Docket (BCD) and remanded a personal property recovery judgment for further analysis regarding the nature… more
Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) - Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle Corporation (a… more
Editor's Note The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing… more
Two recent cases out of the Third Circuit and the Southern District of New York highlight some of the developing formulas US courts are using when engaging with foreign debtors. In a case out of the Third Circuit, Vertiv v. Wayne Burt… more
“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting). For want of a comma, we have this case.” O’Connor et al. v. Oakhurst Dairy et al., 851… more
While the M&A market overall was less active than many had hoped in 2023, and with 2024 off to a sluggish start, some areas still look stronger than others, including the sports market. The sports industry has become so attractive… more
As covered in previous installments of the Employment Law Update, Maryland has joined a growing list of states in adopting a paid family leave program. Unlike traditional paid time off that is provided directly by an employer, the paid… more
Following an initial funding announcement last month, the Biden administration has kept its foot on the gas to build out the White House Initiative on Women’s Health Research. Last month, we wrote about ARPA-H’s $100 million Sprint for… more
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests explore… more
On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections reforms… more
Recent actions by the Federal Communications Commission indicate its support for the country’s space-based economy and national security interests. The FCC has adopted rules that allow satellite operators and terrestrial wireless… more
U.S. citizens and residents who have received gifts (including bequests) exceeding certain thresholds from foreign persons must generally report such gifts to the IRS. Recipients of such gifts who do not report them in a timely fashion… more
On March 5, 2024, the U.S. District Court for the Northern District of Texas ordered the Minority Business Development Agency (MBDA) to cease using race or ethnicity as a basis for determining access to agency programming. Judge Mark… more
Latham’s ESG Masterclass video series offers a dynamic exploration of the ever-changing environmental, social, and governance terrain. Sarah Fortt, Global Co-Chair of the ESG Practice at Latham, and special expert guests explore… more
On 21 March 2024, HM Treasury (HMT) published a policy paper (Policy Paper) setting out its approach to designating critical third parties (CTPs). This follows the Bank of England, Prudential Regulation Authority and Financial Conduct… more
While private equity (PE) investments in healthcare have long been subject to scrutiny, as PE investment in healthcare has grown sizably over the last decade, so too has the concern from federal and state regulatory bodies surrounding… more
On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information about… more
On Monday, March 25, 2024, the U.S. Department of Commerce (“Commerce”) issued extensive updates to its antidumping (“AD”) and countervailing duty (“CVD”) regulations, to take effect April 24, 2024. These changes will enhance the… more
B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our litigation team… more
Earlier this month, in Herrera v. Cathay Pacific Airways Ltd., a divided Ninth Circuit panel reversed the district court’s order denying Cathay Pacific Airways Ltd.’s motion to compel arbitration of a putative class action brought by… more
Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to require… more
Agency for International Development (USAID) Final Rule: USAID Acquisition Regulation (AIDAR), Security and Information Technology Requirements - On March 20, USAID published a Final Rule amending the AIDAR to incorporate a revised… more
On March 11, 2024, the Biden Administration released the Fiscal Year 2025 Budget, and the “General Explanations of the Administration’s Fiscal Year 2025 Revenue Proposals,” which is commonly referred to as the “Green Book.” The Green… more
On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations under… more
On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other locations from… more
Keypoint: Kentucky is the fifteenth state to pass consumer data privacy legislation with a bill that largely tracks the Virginia Consumer Data Protection Act. On March 27, 2024, the Kentucky legislature passed the Kentucky Consumer… more
Imagine you are a busy HR manager or business owner approached in the hall by employee Beth while you are between meetings. Beth briefly mentions a need for “possibly getting FMLA for my dad.” You nod at Beth and go on to your next… more
Ballard Spahr was thrilled to host a Commercial Real Estate Finance Council after-work seminar in our offices in sunny Los Angeles this past Thursday evening. CREFC is the premier trade association in the United States for the… more
The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was… more
In Parker-Grennan v. Camelot UK Lotteries Limited1, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online… more
One would think that individuals would avoid illegal insider trading like the plague. The general maxim to apply to avoid insider trading is simple: “Don’t trade in a public company’s securities while you’re aware of material… more
Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our… more
The federal Cybersecurity and Infrastructure Security Agency (CISA) released a draft of its proposed rule detailing how covered entities operating in critical infrastructure sectors report cyberattacks and ransomware payments to the… more
This Insight discusses the growth and development of class and collective actions and considers future trends in the United States, the European Union, and the United Kingdom… more
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
ESG Masterclass — Empowering Women and Girls in Sparking Lasting Change
Wiley's 10 Key Trade Developments: The CHIPS Act and Inflation Reduction Act (IRA)
Wiley's 10 Key Trade Developments: Evasion and Circumvention
It’s art, let’s talk about it - Brandon Bailey on Shaping Art Through Personal Experiences