On April 17, 2024, the U.S. Supreme Court decided Muldrow v. St. Louis, and held that a plaintiff alleging a discriminatory job transfer doesn’t have to allege or prove that the transfer resulted in a “significant” change in working… more

We often work with valuation experts to ensure compensation payments between healthcare organizations and physicians are fair market value and commercially reasonable for purposes of compliance with the Stark Law and the Anti-Kickback… more

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt classification and… more

The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition: With respect to a worker other than a senior executive: To enter into or attempt to enter into a non-compete… more

Executive Summary: On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (FLSA). The rule, Defining… more

In a monumental move, the Federal Trade Commission approved a final rule on April 23, 2024, that effectively invalidates most noncompete agreements. This rule will take effect 120 days after it is published in the Federal Register… more

On April 19, the Department of Education (the Department) released the long-awaited Final Title IX Regulation (Final Rule or New Rule), overhauling the previous administration’s Title IX regulations that were published in 2020. The new… more

In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using non-compete… more

Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for 2024-2025… more

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such, applies… more

On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a new final rule through which it has significantly raised the bar for businesses to continue to classify their employees as exempt from overtime pursuant to the… more

On April 15, the Department of Labor (“DOL”) published a Notice of Proposed Information Request (the “Notice”), outlining its plan to create the Retirement Savings Lost and Found required by SECURE Act 2.0.  Although currently in… more

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The… more

On April 23, 2024, the US Department of Labor (“DOL”) announced a final rule on overtime pay, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which will… more

The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6… more

The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National ATM… more

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) released its 408-page final rule to implement the Pregnant Workers Fairness Act (PWFA), which provides key provisions for employers as to their duties to pregnant… more

On April 23, 2024, the Federal Trade Commission (“FTC”) approved and issued a final rule effectively banning non-compete agreements nationwide (the “Final Rule”). As a result of a 3-to-2 vote, the FTC found that non-compete clauses are… more

The Inflation Reduction Act of 2022 (the “IRA”) now allows firms to develop and sell clean energy tax credits.  In our last update, available here, we discussed the latest developments on the “direct pay” rules, the clean hydrogen… more

The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels… more

UnitedHealth Group (“UHC”) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare (“CHC”). In its announcement, UHC… more

Last week, the Department of Justice (DOJ) announced the Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the Program). Pursuant to the Program, “an individual who voluntarily self-discloses original… more

Today, the U.S. Fish and Wildlife Service (Service) and Center for Biological Diversity entered into a settlement agreement wherein the Service agreed to submit to the Federal Register final listing decisions on the following six… more

Negative online reviews are a concern for many businesses—but they present a unique challenge for healthcare providers, who are restricted by federal and state privacy laws in how to respond. Is the answer to have patients sign a form… more

Over the last two years, starting even before the Supreme Court’s decision regarding affirmative action in June 2023, there has been a noticeable uptick in bills introduced in state legislatures restricting inclusion, equity, and… more

NAV loans are getting constant coverage in the press now. For those of us that spent years trying to direct focus to the potential of NAV lending, this is a welcome development.  Admittedly, not all of the coverage is positive. It… more

On 22 April 2024, the Commission published a much-awaited Communication setting out guiding criteria and principles on the “essential use” concept – a key deliverable of the Chemicals Strategy for Sustainability. The “essential use”… more

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the United… more

What to do with a Texas pipeline easement that doesn’t define the width? In Premcor Pipeline Company v. Wingate they fought about it. The dispute began when Premcor wanted to run a pig through one of two pipelines on Premcor’s 1954… more

The U.S. Department of Labor recently published new final regulations that increase the minimum salary level for most employees to be considered exempt under the executive, administrative, and professional exemptions to the Fair Labor… more

In May 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a series of rule changes intended to help promote the availability of home and community-based services (“HCBS”) for Medicaid beneficiaries. Chief among these… more

The Federal Trade Commission’s (“FTC”) Commissioners’ voted 3-2 to approve rules first announced in January 2023 to, essentially, ban the use of non-compete agreements in most employment relationships in the United States (“Rule”). The… more

On Wednesday, April 24, 2024, the EU member states in the EU Parliament voted in favor of the European Supply Chain Directive (Corporate Sustainability Due Diligence Directive – CSDDD). This is one of the final steps in a long… more

On April 23, 2024, the Federal Trade Commission (the Commission) voted 3-2 to finalize a rule banning nearly all worker non-compete agreements nationwide (the Final Rule). The Final Rule will have wide-ranging effects for American… more

On February 14, 2024, Chief Administrative Judge Joseph Zayas signed an Administrative Order amending Section 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts (Rules of the Commercial Division of the Supreme Court)… more

Late last year, the case Shannon MacDonald, MD, et al v. Otto Sabando was filed in the U.S. District Court for the District of New Jersey. The plaintiffs claimed that New Jersey’s licensure restrictions on the use of telehealth were… more

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or compensation… more

As a proud South Carolinian, I was delighted to watch the undefeated Gamecocks women’s basketball team take home another NCAA Championship this year. Being the parent of a budding female athlete (when my daughter isn’t busy finishing… more

The Information Commissioner's Office (the "ICO") has clarified the methods it will use to calculate the fines it will issue for breaches of data privacy law in the UK by publishing its latest Data Protection Fining Guidance (the… more

We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete Rule).  As… more

News Briefs - Medicare Proposal Would Require Hospitals to Report Emissions - Hospitals for the first time could be asked to report their greenhouse gas emissions to the federal health department. A new Medicare proposal to collect… more

On April 20, 2024, Governor Hochul signed the New York State Budget for fiscal year 2024-2025 into law.  The Budget includes legislation that significantly changes the state’s Consumer Directed Personal Assistance Program (CDPA… more

On April 23, 2024, the Department of Labor (“DOL”) announced a final rule (the “Rule”) increasing the salary threshold employers must pay to most exempt workers. Given the anticipated litigation over the Rule and the potential that… more

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. § 109(a). In cross border chapter 15 cases, courts have considered whether a… more

The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an extensive… more

On April 23, 2024, the U.S. Department of Labor issued final regulations updating the minimum salary threshold for employees to be considered exempt from overtime requirements under the Fair Labor Standards Act. The regulations are… more

Future LLC, a magazine and website publisher and owner of the TechRadar.com website, faces allegations that it collected website visitors’ IP addresses without consent in violation of the California Invasion of Privacy Act (CIPA). The… more

On April 22, 2024, the Catholic Diocese of Cleveland filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party accessed an employee’s email account. In this notice, the Diocese of… more

In response to thousands of agency complaints it received in 2023, the New York State Department of Health (NYSDOH) issued guidance to hospitals on March 26, 2024, regarding compliance with recent legislation on clinical staffing… more

As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment Opportunity… more

From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests… more

What Happened? The lender and consumers reached a settlement in an appraisal bias case, Nathan Connolly and Shani Mott v. Shane Lanham, 20/20 Valuations, LLC, and loanDepot.com, LLC, filed in Maryland District Court, that gained the… more

Case Name: Endo Ventures Unlimited Co. v. Nexus Pharms. Inc., Civ. No. 23-cv-299-BHL, 2024 WL 1254358 (E.D. Wis. Mar. 25, 2024) (Ludwig, J.) - Drug Product and Patent(s)-in-Suit: ephedrine sulfate; U.S. Patents Nos. 10,869,845 (“the… more

In March, the Second Chamber of the Brazilian Superior Labor Court has changed its position on the matter following a trial, upholding the validity of a collective labor agreement clause authorizing employers to make deductions from… more

On Tuesday, the U.S. Department of Labor (DOL) announced a Final Rule that drastically expands overtime protections to millions of workers across the country. This Rule, which raises the salary threshold for certain exemptions, forces… more

State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. ln this newsletter edition, we will briefly summarize selected state and local tax (SALT)… more

In April, the national jobs reports showed robust growth and it’s great to know that the ediscovery industry is keeping pace with the country’s averages. This month’s Eye on ESI, hosted by ACEDS President Mike Quartararo and myself… more

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments… more