Case Name: Endo Par Innovation Co. v. BPI Labs, LLC, C.A. No. 8:23-cv-1953-WFJ-TGW, 2024 WL 730478 (M.D. Fla. Feb. 22, 2024) (Jung, J.) - Drug Product and Patent(s)-in-Suit: Adrenalin® (epinephrine); U.S. Patents Nos. 9,119,876 (“the… more

On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many ancillary… more

The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP). Specifically, the newly proposed TD requires… more

Nearly once a week, I receive a frantic call or email from a current or potential client who has received a proposed or final assessment from the IRS related to Affordable Care Act (“ACA”) reporting. So-called “Applicable Large… more

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets. As a result… more

On April 24, 2024, President Biden signed H.R. 815, otherwise known as the National Security Act of 2024. The bill provides emergency appropriations for Ukraine, Israel, Taiwan, humanitarian purposes in Gaza, and various governmental… more

On April 25, 2024, the Department of Labor published its final regulation defining fiduciary status for investment advice and the related exemptions—PTE 2020-02 and 84-24. The exemptions provide relief from prohibited conflicts and… more

On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow suit… more

In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit arrangements. These… more

A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?… more

Here is the second part of the April Eye on Privacy webinar hosted by TRU Staffing Partners’ Founder and CEO Jared Coseglia and HP’s Leader of HP’s Global Center of Excellence for Privacy Engineering Aaron Weller… more

On February 27, 2024, Los Angeles County announced a new Fair Chance Ordinance. This ordinance is set to take effect on September 3, 2024, and expands upon California’s existing “Ban the Box” law by introducing additional requirements… more

Zircon Corp. v. International Trade Commission, Appeal No. 2022-1649 (Fed. Cir. May 8, 2024) In its only precedential patent opinion this week, the Federal Circuit made clear that in exclusion proceedings under 19 U.S.C. § 1337… more

While there might not be such a thing as a free lunch, Subway in 2016 texted a consumer that she could receive a free bag of chips with any purchase. The text let the consumer know she could respond STOP to opt out of the texts, which… more

In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will go into… more

On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The business… more

Let's talk about releases and, in particular, the leading Federal Circuit case regarding releases that involve delay and cumulative impact. Bell BCI v. United States, 570 F.3d 1337 (Fed. Cir. 2009), involved the construction of a… more

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate three-year… more

In a significant legal development, the Alaska Supreme Court recently expanded tribal sovereign immunity to include tribal consortiums, overturning a precedent set two decades ago. The groundbreaking decision of Ito v. Copper River… more

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The Board… more

Business owners of private companies invest huge amounts of time and resources in their business, which may include the bulk of their financial capital. For owners who do not want most of their net worth to remain tied up in the… more

On April 17, 2024, President Judge Shawn D. Meyers signed an Order adopting a new Local Rule for Franklin and Fulton counties, which is codified at 39th Jud.Dist.O.C. Rule 14.8.1. This new Local Rule requires the completion and filing… more

Voluntary AI Ethics Principles guide responsible AI development in Australia, with potential reforms under consideration. Laws/Regulations directly regulating AI (the “AI Regulations”) Australia has not yet enacted any specific… more

On Feb. 29, the U.K. government announced that U.K. ministers will pilot artificial intelligence tools to analyze responses to government consultations and respond to questions from Parliament, in an effort to boost ministers'… more

Donald Trump’s motion for a new trial and to set aside the jury’s verdict in his defamation case lacks merit, a New York judge recently ruled. Citing the frequency with which Trump has made defamatory statements, the extensive reach of… more

As part of the Securities and Exchange Commission’s ongoing and evolving mission to enhance disclosures for investors, the SEC published final rules relating to climate-related disclosures for investors (final rules). When announcing… more

The United States Environmental Protection Agency (“EPA”) and Los Robles Hospital Medical Center (“ Los Robles”) entered into a March 27th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Federal and… more

The Centers for Medicare & Medicaid Services (CMS) published two significant updates to its Medicaid regulations on May 10, 2024. The two Final Rules, a Medicaid Access Rule and a Medicaid Managed Care Rule, impose new requirements on… more

Under the Copyright Act, “there is no time limit on monetary recovery” for a timely claim. So held the Supreme Court last week in Warner Chappell Music, Inc. v. Nealy. Section 507 of the Copyright Act imposes a three-year… more

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water Quality… more

In April, House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) introduced the American Privacy Rights Act of 2024 (APRA), a… more

On 3 May 2024, the European Commission published a summary of the 2023 consultation on the EU Sustainable Finance Disclosure Regulation (“SFDR”) (the “Summary”)… more

Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which means that… more

On May 6, 2024, the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Federal Housing Finance Agency (FHFA) and National Credit Union Administration (NCUA; collectively the “Four… more

On April 20, 2024, Governor Kathy Hochul approved the $237 billion New York State Budget for fiscal year 2025 (“Budget”). The Budget includes new legislation to increase Medicaid payments for certain facilities, creates a new… more

Now that the 2024 Title IX regulations have been released, what does your school need to do to be fully compliant by August 1? Over the next few months, our Franczek Title IX team will provide tips and information on key steps schools… more

Surprise, surprise Frisco, Texas is booming with no evidence of slowing down. In line with that growth, the Hillwood Communities Frisco Station development started in 2016 is poised to potentially add approximately 410 apartments at an… more

California Governor Gavin Newsom released the “May Revision” to the state budget on Friday. The May Revision, or “May Revise,” takes into account actual state revenues collected through April… more

In this week’s edition, the European Commission contacted 20 airlines requiring them to address potentially misleading or inaccurate green claims. The International Sustainability Standards Board (ISSB) launched its digital taxonomy… more

Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with “no time… more

IRS reminds employers that implementing certain optional retirement plan provisions of SECURE 2.0 affect Form W‑2 and Form 1099‑R reporting starting in 2023 - The IRS recently issued Fact Sheet 2024‑18 to highlight how three… more

On March 13, 2024, Utah Governor Spencer Cox signed into law the Utah Artificial Intelligence Policy Act (“UAIPA”), which took effect May 1, 2024. The bill imposes disclosure requirements on entities using generative artificial… more

Owners of closely held businesses, particularly first-generation owners, often have a difficult time finding a suitable succession plan. These owners are faced not only with phasing out of their labor of love, but choosing a new… more

Wow, wow, WOW! Some meaty, substantive tax law issues are addressed in this week’s DTA output of two Tribunal decisions, two ALJ determinations, and one ALJ order. PALs, and successors, and SaaS, oh my. And ALJ Law establishes… more

The Maryland General Assembly’s 2024 legislative session saw over 1,400 House Bills and 1,100 Senate Bills introduced, with several new laws passing that will affect community associations beginning on October 1, 2024… more

On May 9, 2024, the Supreme Court held that under the Copyright Act, there is no time limit on monetary recovery for a timely filed claim. In Warner Chappell Music, Inc. v. Nealy, 601 U.S. _____ (2024), the Supreme Court affirmed the… more

The Copyright Act provides that an action for copyright infringement must be commenced “within three years after the claim accrued.” 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under the statute… more

A common question for schools assessing how to comply with the new overtime exemption rule published by the U.S. DOL is what to do about coaches and athletic trainers in light of the new minimum salary requirement for the executive… more

Here are the sales tax cases from the TiNY Blog for the week of May 14, 2024. Matter of Beeline.com, Inc. (May 2, 2024); Div’s Rep. Elizabeth Lyons, Esq.; Pet’s Reps. Peter Larson, Esq. and Raye Elliott, Esq.; Articles 28 and… more

For the first time since 2018, Hong Kong International Arbitration Centre (HKIAC) has updated its flagship HKIAC Administered Arbitration Rules (Rules) which will take effect on 1 June 2024.  The key changes include..… more

Updated: reporting requirements for swap dealers, swap participants, and large traders in the futures and options market On April 30, 2024, in two separate releases, the Commodity Futures Trading Commission ("CFTC") announced that… more

Over the last decade, there has been a remarkable growth in European venture capital fundraising, underlining investors’ increasing appetite for innovation and entrepreneurial investments in Europe. While we are witnessing a slight… more

Federal Agency Charged Security Company Made Disparaging Comments and Fired 57-Year-Old Employee After Heart Attack - NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, will pay a former… more

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the “hard… more

Join us for the first episode of Mayer Brown’s Financial Services Focus series. Financial Services Focus will provide updates on the key legal issues affecting financial products across legal disciplines. This podcast series will dive… more

The Delaware Court of Chancery issued an order in Palkon v. Maffei on February 20, 2024, holding that a decision by the boards of directors and the controller of TripAdvisor, Inc. (“TripAdvisor”) and Liberty TripAdvisor Holdings, Inc… more

The landscape of laboratory testing in the United States is changing. On April 29, 2024, following more than a decade of discourse, the U.S. Food and Drug Administration (FDA, or the “Agency”) released its long-awaited “Medical… more

As borrowers continue to feel the squeeze caused by inflation and high interest rates, lenders in the European mid-market have seen a marked increase in covenant relief, waiver and amend and extend requests from borrowers on existing… more