Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the… more

Once an abused party decides that they are in need of a Protection From Abuse Order (“PFA Order”), the first step is filing the Petition… more

Under HB 4006, which was effective on March 7, 2024, the Oregon legislature sought to improve retainage law in two ways. First, it allows general contractors and subcontractors to post a retainage surety bond to avoid having retainage… more

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor could… more

As the deadline for the Minnesota Anti-Poaching Update draws near, franchisors are reminded to update existing franchise agreements pertaining to non-soliciting and no-poaching restrictions… more

The UK Financial Conduct Authority’s (FCA) anti-greenwashing rule (Rule) will come into effect on 31 May 2024 and applies to all FCA-authorised firms. The Rule requires that references made to the sustainability characteristics of… more

On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it reasonably… more

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private partnerships… more

Section 6417 of the Internal Revenue Code was added by the Inflation Reduction Act of 2022 (IRA). The section provides that eligible taxpayers may make an election to claim certain clean energy credits even though they have no tax… more

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and reasonable… more

On May 10, 2024, the USPTO issued a Notice of Proposed Rulemaking that proposes major changes to terminal disclaimer practice that could greatly affect both patent prosecution and patent litigation strategies. Specifically, the USPTO… more

On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal – accompanied… more

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA)… more

On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the more interesting or unusual cases. Warren v. Cielo Ventures… more

El 4/8/24, el IRS continuó actualizando la lista de la Docena Sucia para 2024, incluyendo cómo el asesoramiento fiscal en redes sociales puede causar problemas a los contribuyentes a medida que circulan información fiscal inexacta o… more

On 4/8/24, the IRS continued updating the Dirty Dozen list for 2024 including how social media tax advice can lead taxpayers to trouble as inaccurate or misleading tax information is circulating. IRS is re-issuing a warning, just like… more

May 9, 2024- The U.S. Senate Committee on Banking, Housing, and Urban Affairs held a hearing entitled, “Consumer Protection: Examining Fees in Financial Services and Rental Housing.” May 9, 2024 - The Federal Reserve Board… more

Occupational Safety and Health Administration (OSHA) citations are generally issued to employers at the closing of, or after, an inspection by an OSHA compliance officer. An OSHA citation is not a one-pager. Instead, OSHA’s “Citation… more

On Wednesday, January 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced a Proposed Rule aimed at blocking nonsufficient funds (NSF) fees on debit card, ATM, and certain peer-to-peer payment transactions that financial… more

​​​​​​​The Supreme Court has now issued its awaited opinion in Warner v. Nealy, ruling that plaintiffs can recover damages for copyright infringement that is more than three years old, at least under the discovery accrual rule. We… more

The U.S. Department of Labor (DOL) announced a final rule that establishes the new salary threshold for overtime consideration at $43,888 under the Fair Labor Standards Act (FLSA). The new threshold takes effect July 1, and will… more

On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)… more

On May 3, the Fed, OCC, and FDIC (the regulators) released a report to help community banks assess their third-party relationship risk exposure. The report discusses key considerations in three areas: risk management, third-party… more

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to… more

Before terminating a marriage, many married couples elect to physically separate. In this context, physical separation often includes moving out of a shared residence, winding up joint bank and debt accounts, and deciding how certain… more

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule, amending the definition of an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, as… more

On May 8, the Attorney General of California, Rob Bonta, and 15 other state attorneys general wrote a letter to Congressional leaders following the introduction of the American Privacy Rights Act (APRA) in Congress. The attorneys… more

Earlier this week, a state court judge in Oklahoma issued a temporary restraining order that blocks--for now--enforcement of an Oklahoma law that deprives companies deemed to boycott the fossil fuel industry of the ability to conduct… more

By removing any limitation on the temporal scope of damages recovery, the U.S. Supreme Court’s decision yesterday in Warner Chappell Music Inc. v. Nealy opened the door to copyright infringement claims dating further back in time. The… more

The Alabama Department of Environmental Management (“ADEM”) and Evonik Corporation (“EC”) entered into a May 8th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-XXX-CAP. The CO… more

On April 24, 2024, the California Department of Financial Protection and Innovation (DFPI) announced ​that it had entered into a consent order with the Higher Education Loan Authority of the State of Missouri (MOHELA), resolving… more

The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation. Under a two-step approach… more

On April 22, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services issued a Final Rule, entitled ‘HIPAA Privacy Rule to Support Reproductive Health Care Privacy’… more

On April 26, 2024, the U.S. Environmental Protection Agency (EPA) requested comment on proposed consent decrees that would address lawsuits filed by the Community In-Power and Development Association Inc. (CIDA), Learning Disabilities… more

AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve disputes… more

On May 2, a CFTC subcommittee on Emerging and Evolving Technologies issued a report on the responsible use of artificial intelligence (AI) by exchanges, clearinghouses, futures commission merchants, brokers, and data repositories… more

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker employed by a… more

The below summary of frequently asked questions for employers concerning the Federal Trade Commission’s new rule governing non-competes (the “Rule”) is for general information purposes only. The below is not intended to and does not… more

There are many ways that a retirement plan sponsor can improve their 401(k) plan, but there are so many reasons why they don’t. They complain they don’t have the time and they don’t have the money. As plan fiduciaries, you need to have… more

The Federal Trade Commission (FTC) filed a complaint against Williams-Sonoma, the parent company of Pottery Barn and PB Teen, for violating the FTC’s July 16, 2020, order that barred Williams-Sonoma from making false, deceptive, or… more

On May 8, the U.S. House of Representatives passed H. J. Res. 109, the first step in an attempt to nullify the SEC’s Staff Accounting Bulletin No. 121 (SAB 121) under the Congressional Review Act. SAB 121 describes how the SEC expects… more

In March 2023, the California Department of Financial Protection & Innovation proposed to adopt numerous regulations to "implement, interpret, and make specific registration requirements for covered persons under the California… more

On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after publication in… more

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S. Customs… more

On May 2, 2024, Senators Ed Markey (D-MA), Bob Casey (D-PA), Tina Smith (D-MN), and Sherrod Brown (D-OH) introduced the Warehouse Worker Protection Act, legislation that would limit production requirements for warehouse workers and the… more

Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple… more

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel… more

In Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that the statute of limitations in the Copyright Act does not limit recovery of damages on timely claims. The 3-year statute of limitations establishes when a suit may… more

The U.S. Drug Enforcement Administration (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department of Health and Human Services’ recommendation to reschedule marijuana from Schedule I to Schedule III… more

After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the term SAN… more

In a stunning Federal Register Notice published May 10, 2024, the U.S. Patent and Trademark Office (USPTO) proposes to impose a new requirement on terminal disclaimers filed to overcome obviousness-type double patenting (OTDP)… more

In its latest attempt in a fourteen-year old quest to update the circa-1975 definition of a fiduciary who renders “investment advice for a fee or other compensation, direct or indirect” (an “investment advice fiduciary”) under the… more

On May 6, the FDIC, OCC, NCUA and the FHFA issued a NPRM (proposed rule) on incentive-based compensation, pursuant to Dodd-Frank’s Section 956 (Section 956), which required federal regulators to prescribe regulations or guidelines… more

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal… more

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina landowner… more

The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute… more

Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings… more

In the latest episode of Holland & Knight's Public Policy & Regulation Group "Eyes on Washington" podcast series, Healthcare & Life Sciences attorney Michael Werner and Sara Klock examine pivotal shifts in U.S. Food and Drug… more