The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to salary… more
This Week in Washington: Senate Finance Committee releases discussion draft concerning generic drug shortages; FDA releases laboratory-developed tests final rule; Administration extends ACA subsidies for Deferred Action for Childhood… more
The Securities and Exchange Commission’s final rules on disclosing climate-related risks to investors are on hold, but California and EU rules are in effect. Our Securities and Environmental, Social & Governance (ESG) teams discuss how… more
An April 17, 2024, the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) issued General License (“GL”) 44A (“Authorizing the Wind Down of Transactions Related to Oil or Gas Sector Operations in Venezuela”) and… more
Venture debt endured a challenging 2023, but as lenders look for new product lines to increase deployment after a quiet period, they are turning their attention to the venture debt market. US venture debt lending dropped to… more
Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. Federal Trade Commission et al., Case No. 6:24cv148… more
Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership information… more
As we at Budding Trends reported last week, the DEA is set to finally accept the recommendation of the U.S. Department of Health and Human Services (HHS) to reschedule marijuana from Schedule I to Schedule III under the Controlled… more
On June 27, 2023, the Pregnancy Workers Fairness Act (“PWFA”) went into effect requiring employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to… more
Look Ahead to the Week of May 6: FAA Deadline Nears Both the House and Senate are in session this week. Congress has less than a week to consider and vote on the bipartisan, bicameral agreement extending the authorization of the… more
On April 23, 2024, the Los Angeles County Board of Supervisors voted to implement a fair workweek predictable scheduling ordinance, which will go into effect on July 1, 2025… more
The U.S. District Court for the District of Maryland ordered engineering firm Bicallis LLC and its owner, Bryan Hill, to restore missing contributions to the Bicallis LLC 401(k) Plan… more
By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements. The final rule is scheduled to go into effect… more
This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023, opining that… more
On April 30, 2024, the Consumer Financial Protection Bureau (CFPB) published a report on a study investigating the effects of complex pricing structures and increased competition on consumer choices. The CFPB found that consumers were… more
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, Cynthia Rowland highlights some tax schemes designed to exploit both taxpayers and the Treasury. The Internal Revenue Service just wrapped up the 2024 Dirty… more
On April 29, Oklahoma enacted SB 1492 (the “Act”) which will amend the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act by, among others, expanding the definition of “mortgage broker” to include servicing a residential… more
Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you may not… more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment that took… more
There is a misperception that the Federal Trade Commission’s (FTC) ban on non-compete clauses excludes hospitals and healthcare entities. This is not exactly the case. Some employers are outside the FTC’s jurisdiction and therefore… more
The Federal Decree-Law No. 14/2018 on the Central Bank and the Organisation of Financial Institutions and Activities, along with its recent amendments outlined in Federal Decree-Law No. 54/2023, has introduced significant changes… more
We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive… more
While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of California Court… more
The Federal Trade Commission (FTC) has voted to approve a proposed rule that would ban employers from using non-compete agreements with nearly all employees. The FTC estimated that one in five US workers is bound by a noncompete… more
Missouri recently followed many other states by making equal parenting time a rebuttable presumption in divorce and child custody matters. The rebuttal presumption was enacted as part of Senate Bill 35, which went into effect in… more
On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other similar… more
On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s… more
On April 22, the Governor of Maine signed into law LD 2112 (the “Act”) which will codify a new law titled the “Maine Money Transmission Modernization Act.” The Act will amend and repeal many parts of the state’s money transmission laws… more
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) were down for the month of March while court filings under the Telephone Consumer… more
Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be included in a… more
China’s long-awaited amended Company Law (New Company Law) was enacted on 29 December 2023, effective from 1 July 2024. The new amendments are arguably the most significant since China established its company law regime back in 1993… more
In an era where digital platforms have become an integral part of children’s lives, concerns about online safety and privacy have reached a fever pitch. U.S. lawmakers are now taking decisive action to address these issues, with… more
Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC guidance on… more
Over the past several years, diversity, equity, and inclusion (DEI) programs have come under increased legal and public scrutiny. Multiple large employers have been sued by activist groups because of these programs and a number of… more
The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory compliance… more
On April 23, 2024, the DOL finalized its 2023 proposed package of amendments to the regulations defining who is a fiduciary under ERISA by virtue of providing investment advice for a fee, and amendments to seven existing prohibited… more
On May 3, 2024, the U.S. Environmental Protection Agency’s (EPA) final rule on procedures for chemical risk evaluation under the Toxic Substances Control Act (TSCA) was published in the Federal Register. In the words of EPA’s Assistant… more
From the end of the COVID-19 public health emergency (PHE) to the overturning of Roe v. Wade to the growth of AI in health care, multiple forces are converging to remap the health care landscape. In a new webinar, Manatt Health will… more
Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims… more
The Ohio General Assembly has recently moved forward with legislation to increase the State’s role in housing development. In addition, a bipartisan group of state senators released the results of a comprehensive review of housing… more
With the August 1, 2024 compliance deadline on the horizon for the new Title IX regulations, universities and colleges must understand the new regulations and revise their policies to ensure compliance… more
We Americans pay more for prescription medications than just about anywhere else on the globe. And Big Pharma keeps jacking prices higher… more
In today's digital world, organizations are increasingly vulnerable to a wide variety of cyber threats that can wreak havoc on their operations, jeopardize the security of confidential information, negatively impact reputation and… more
In the lawsuit challenging the CFPB’s final credit card late fee rule (Rule), the Fifth Circuit has denied the CFPB’s petition for a panel rehearing to reconsider the panel’s order vacating the district court’s order transferring the… more
For the second time in a decade, the Department of Labor (DOL) attempted to expand the reach (and requirements) of the Employee Retirement Income Security Act of 1974 (ERISA). On April 23, 2024, DOL succeeded and announced that it… more
On April 16, in the Court of Chancery of the State of Delaware, a judge threw out a case with prejudice where a shareholder (the plaintiff) sued a bank but ultimately failed to show a “substantial likelihood of liability.” The… more
Fresh off this year’s Valentine’s Day deadline, employers with California workers have a new round of imminent compliance dates that require prompt attention… more
Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance… more
In August 2023, the Federal Circuit in In re Cellect held that in evaluating unpatentability for obviousness-type double patenting (ODP) of a patent that has received patent term adjustment (PTA), the relevant date is the reference… more
For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of EEOC… more
WHO DO COLLEGES AND UNIVERSITIES CONSIDER TO BE A STUDENT? Who do colleges and universities consider to be a student? You may be surprised to hear the answer provided by some college institutions… more
Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial… more
As discussed here, in March 2023, the California Department of Financial Protection and Innovation (DFPI) proposed new regulations under the California Financing Law that would interpret the definition of “loan” to include… more
As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a previous client… more
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we previously… more
What has changed with the U.S. Department of Labor’s (DOL) final regulations and certain prohibited transaction exemptions (PTEs)? Is it really that bad even for plan sponsors, as we hear from the many critics of the DOL’s newest… more
On Tuesday, April 30, 2024, U.S. Congressmen Drew Ferguson (R-GA) and Wiley Nickel (D-NC) introduced a bill, the Providing Tax Clarity for Digital Assets Act, to codify the U.S. federal income tax treatment of the acquisition by a… more
During Q1 2024, borrowers returned to the US syndicated market to reprice costly private credit facilities - The US syndicated loan market has seen an uptick this year, with banks proactively pitching deals to win back market share… more
