Visual artists sued Google last week, alleging that Google’s AI-powered image generator, Imagen, was trained on their copyrighted content without authorization. The proposed class action asserts claims of direct copyright infringement… more

On April 26, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its final determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears ready-to-eat (RTE)… more

Earlier this month, the U.S. Supreme Court unanimously resolved a circuit split on the issue of whether a failure to disclose information under Item 303 of Regulation S-K (the U.S. Securities and Exchange Commission’s Management’s… more

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in… more

In the homestretch of Minnesota’s 2024 legislative session, tension has mounted in St. Paul as state House and Senate committees scramble to secure enough votes to place their bills on Governor Tim Walz’s desk for signature. With… more

The Consumer Financial Protection Bureau (CFPB) recently released an Issue Spotlight highlighting the costs and fees associated with Health Savings Accounts (HSAs). While acknowledging that HSAs offer tax advantages that can help… more

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) published the Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality Final Rule and the Ensuring Access to Medicaid Final… more

On April 26, the FTC released a final rule that will amend its Health Breach Notification Rule to require vendors of health apps and related entities not covered by the Health Insurance Portability and Accountability Act (HIPAA) to… more

For the first time in its history, the Consumer Financial Protection Bureau recently invoked supervisory authority over a nonbank lender, World Acceptance Corp., one of the largest small-dollar installment lenders in the country. Given… more

The Delaware dam may not be bursting but there are signs that it is leaking.  In an earlier post, I observed that despite all of the talk, I had not found many recent examples of publicly traded companies reincorporating in Nevada… more

This series of articles is intended to provide a deep dive into the Illinois State Franchise Tax (the “Franchise Tax”) and should be read sequentially to be best understood. The first article covered the businesses and entities… more

On April 30, 2024, FINRA proposed amendments its Maintaining Qualifications Program (“MQP”) to reopen the period in which certain participants can complete their prescribed 2022 and 2023 continuing education (“CE”) requirements… more

In 2021, Maine passed the most sweeping law related to the regulation of PFAS in consumer products at that time. Subsequently, the law was amended in 2023, and on April 16, 2024, Governor Mills signed L.D. 1537, entitled “An Act to… more

Recently, HUD announced a final rule to implement the Federal Flood Risk Management Standard to “protect communities from flood risk, heavy storms, increased frequency of severe weather events and disasters, changes in development… more

By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.”  Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates due process… more

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session… more

A federal judge in the Northern District of California delivered a blow to a potential class action lawsuit against Google over its ad auction practices. The lawsuit, which allegedly involved tens of millions of Google account holders… more

The final regulations adopt the provisions of the previously proposed regulations with modest modifications and clarifications. The registration portal for transferring tax credits is open, and no significant changes have been made… more

On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by… more

The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule that would add a new license exemption in the International Traffic in Arms Regulations (ITAR) to reduce the licensing requirements for… more

A new lawsuit filed in April by public drinking water systems in California against manufacturers of “forever chemicals” is among the first to cite new Biden administration EPA regulations that set strict limits for the chemicals in… more

The Federal Trade Commission (“FTC”) made waves on April 23, 2024, when it issued a final rule that (1) voids existing non-compete agreements, with two exceptions; and (2) prohibits employers from entering into new non-compete… more

Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with mandating… more

If finalized, the Drug Enforcement Administration’s (DEA) recent recommendation to reclassify cannabis from a Schedule I to a Schedule III substance has the potential to open important doors to businesses in the legal marijuana… more

Normal aging can be challenging, but caring for an aging family member with dementia is particularly difficult.  Over the years, we have often seen caregivers suffer from exhaustion, compromising their mental and physical health.  What… more

On February 28, 2024, President Biden signed Executive Order 14117 (the “EO”), on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The United States… more

The staff of SEC’s Division of Examinations (the “Staff”) recently issued a Risk Alert (the “Alert”) outlining the Staff’s initial observations from sweep exams conducted to assess SEC registered investment advisers’ (“RIAs”)… more

Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the impact of… more

Employers will soon see the national debate about abortion popping up in some unexpected places: the HIPAA privacy policies and procedures and notices of privacy practices they use for their health benefit plans… more

On April 26, the FDIC announced that the Pennsylvania Department of Banking and Securities had closed a Philadelphia-based bank and appointed the FDIC as receiver, noting that this is the first bank to “fail” this year and the first… more

Earlier this week, the Department of Justice proposed reclassifying cannabis from Schedule I to Schedule III under the Controlled Substances Act. The move follows an August 2023 recommendation from the Department of Health and Human… more

On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to… more

You filed for a Temporary Restraining Order against the other parent of your child and, after a hearing, were granted a Final Restraining Order. The other parent is now restrained from communicating with you either directly or through… more

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a crucial resource… more

Keypoint: Last week, bills advanced in Colorado and California while, with legislatures in multiple states set to close this week, we will know the fate of significant bills in the coming days. Below is the fifteenth weekly update on… more

On April 29, 2024, American Renal Management d/b/a Innovative Renal Care, filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party was able… more

Securities and Exchange Commission. Cryptocurrency regulation. On April 23, 2024, two groups representing the cryptocurrency industry sued SEC over its expanded dealer definition announced earlier this year. The Blockchain Association… more

On April 30, 2024, the Chicago Department of Business Affairs and Consumer Protection (BACP) published the final rules interpreting the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) which is set to take… more

European Data Protection Board Publishes Strategy for 2024-27 - The European Data Protection Board (“EDPB” - the EU body tasked with promoting consistency and cooperation in enforcement of the GDPR) has outlined its strategy for the… more

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in the… more

The FTC issued a rule in late April that will prohibit non-compete clauses for most workers. Certain types of occupations are more likely than others to be affected, though… more

The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on May 10… more

On May 3, 2024, MedStar Health filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party was able to access the company’s email system. In… more

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of… more

It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230? It is settled law that Section 230, which is often thought to only shield intermediary… more

Part 17 of the CFTC’s regulations require futures commission merchants, clearing members of registered derivatives clearing organizations, and foreign brokers holding omnibus accounts with such FCM clearing members to submit reports of… more

California’s new junk fee law is set to come into effect July 1. As a refresher, the law prohibits “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges.” There is no… more

On April 22, 2024, Bluebonnet Trails Community Services filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access the company’s email environment. In this… more

Effective April 24, the statute of limitations (“SoL”) under the International Emergency Economic Powers Act (“IEEPA”) and the Trading with the Enemy Act (“TWEA”) has been extended from five to ten years. It would have been easy to… more

The Organisation for Economic Co-operation and Development (OECD), which works on establishing evidence-based international standards and develops advice on public policies, has issued updated recommendations (“Recommendation”) on… more

On April 26, the U.S. Court of Appeals for the Third Circuit held that an appellant who sued a debt collector for allegedly violating the FDCPA did not have standing to bring her claim because she “failed to plead a concrete injury”… more

One-fifth of the U.S. workforce is comprised of family caregivers, whose unpaid contributions include nearly 24 hours of care per week, on average, and amount to nearly $600 billion. As populations age across the globe and in the U.S.… more

Life can be like a smorgasbord table at a wedding, too many choices, too little time. As a retirement plan sponsor choosing whether to sponsor a 401(k) plan or change a current one, there are too many choices that you don’t understand… more

House Energy & Commerce Health Subcommittee Holds Legislative Hearing on Improving Medicaid Access. Daniel Tsai, deputy administrator and director of the Center for Medicaid and CHIP Services (CMCS), testified. Members discussed 19… more

On April 22, the Governor of Tennessee signed HB 2100 into law. This new law, an amendment to the state’s consumer protection codes, introduces protections for consumers against discrimination by financial institutions and insurers in… more

Join New Jersey workers' compensation partners Jeffrey Newby and John Kutner for an informative webinar as they delve into the significant cases that shaped New Jersey's workers' compensation landscape in 2023 and their future… more

The City of Pittsburgh, in an attempt to stem the tide of collapsing real estate tax revenues from downtown Pittsburgh commercial properties, is on the verge of passing an ordinance creating a tax exemption authorized by Pennsylvania’s… more

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy issues… more