Yesterday, the Ninth Circuit issued an order dismissing the Juliana litigation. In this case, the plaintiffs had asserted that the government had knowingly violated their due process rights by encouraging and permitting the combustion… more

The application cycle for Treasury to award this round of credits will soon open, providing applicants an opportunity to receive significant funding for clean energy, industrial decarbonization and critical materials projects. The… more

With Gov. Jared Polis’ signature on SB 81, Colorado has broadened its restrictions on products containing intentionally added per- and polyfluoroalkyl substances (“PFAS”) to include a wide range of consumer products. Colorado has… more

The Biden administration has proposed to reschedule marijuana from a Schedule I to Schedule III controlled substance. This reclassification will place marijuana in the same schedule as prescription drugs such as ketamine and Tylenol… more

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of… more

This blog considers some of the ethical issues of competence that arise when a lawyer or law firm uses generative AI to assist in rendering services. Prior to the advent of artificial intelligence, the legal profession devised many… more

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting, a final… more

In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property, effectively… more

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Last summer, bankers and the lawyers who advise them breathed a collective sigh of relief when the Second Circuit Court of Appeals  upheld a U.S. District Court's opinion that notes in a bank syndicated loan were not securities… more

Plaintiffs in product liability litigation are increasingly using the so-called “10 key characteristics of cancer” to connect plaintiffs’ alleged exposure to an alleged carcinogen with the development of cancer… more

DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and kickback… more

The use of artificial intelligence and machine learning technology solutions ("AI") is becoming increasingly common in all industries, including the registered investment adviser ("RIA") space. A recent survey by AI platform Totumai… more

UNCERTAINTY REMAINS AT CAPITOL - The Senate avoided the passage of controversial bills again this week in the wake of the arrest of DFL Senator Nicole Mitchell on first degree burglary charges. After being absent last week, Senator… more

Yesterday, the Second Circuit upheld the district court's award of summary judgment in favor of the defendant concerning certain class actions claims that “the phrase ‘All Natural’ that appeared on the labels of [Defendant's] products… more

On April 30, the U.S. Drug Enforcement Administration issued a proposed rule to move marijuana from the Schedule I class to Schedule III. If approved this will be the most significant change in federal marijuana law since 1970 when the… more

News Briefs - Hospitals, Physicians at Odds Over FTC Noncompete Ban - The Federal Trade Commission's final rule banning noncompetes nationwide has implications for hospitals and physician practices, with representatives from both… more

El 4/4/24, la Oficina de Cumplimiento de la Comisión Federal de Comunicaciones (“FCC”) emitió una carta de cese y desista contra Veriwave Telco debido a una campaña ilegal de llamadas “Robocall” perteneciente a un “Programa Nacional de… more

On 4/4/24, the Federal Communication Commission (FCC) Enforcement Bureau issued a cease-and-desist letter against Veriwave Telco due to an illegal robocall campaign pertaining to a “National Tax Relief Program.” The FCC also warned… more

Cosmetic injections, such as Botox and dermal fillers, and weight-loss injections, such as Wegovy® and Ozempic®, are popular offerings at med spas, weight-loss clinics, and dermatology practices. But are they considered the practice… more

In December 2019, promoters of Virgin Fest Los Angeles (“Virgin Fest”) announced their intention to host a two-day music festival in Los Angeles, California. The inaugural event was scheduled for June 6 and 7, 2020. The festival… more

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and… more

OFAC is capable of extending a long arm of enforcement, reaching sometimes non-U.S. companies that may “cause” another company to violate U.S. Sanctions laws. If you need to find an example of this long reach, look no further than… more

Boeing has recently seen one of the most public meltdowns over corporate culture. In 2024 alone, there have been multiple incidents, allegations, and reports about the company in the public arena. The company is under investigation by… 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

Welcome to a review of all the Sherlock Holmes stories that are collected in the work “The Return of Sherlock Holmes.” It is a collection of thirteen detective stories written by Sir Arthur Conan Doyle, marking the reappearance of the… more

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition of the FCPA Compliance Report, we welcome back fan favorite Mary Inman, now at her new firm, Whistleblower… more

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

OFAC is capable of extending a long-arm of enforcement, reaching sometimes non-U.S. companies that may “cause” another company to violate U.S. Sanctions laws. If you need to find an example of this long reach, look no further than… more

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings to you, the compliance professional, the compliance stories you need to be… more

I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with FEMA and… more

How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel… more

How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel… more

CYBERSECURITY - CISA + Partners Issue Alert for Protection of Water Systems, Dams, Energy + Food + Ag - In response to the growing threat by pro-Russia hacktivists, on May 1, 2023, CISA and other national agency partners issued… more

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n of Realtors… more

Case Name: Genentech, Inc. v. Sandoz, Inc., Civ No. 23-4085 (JXN)(LDW), 2024 WL 939692 (D.N.J. Mar. 5, 2024) (Wettre, M.J.) - Drug Product and Patent(s)-in-Suit: Esbriet® (pirfenidone); U.S. Patent No. 10,118,637 (“the ’637 patent”)… more

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust enforcement… more

The treatment of contingent interest and convertible debt in cross-border payment transactions is subject to several provisions of the Internal Revenue Code. To add confusion to the already complicated subject, the definitions of… more

Orange County has proposed a new ordinance that would suspend the processing of all projects requiring Comprehensive Plan text and map amendments, rezonings, and special exceptions… more

Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA would create… more

Recent legislative developments at both the federal and state levels have extended workplace protections for pregnant individuals and new parents. The Equal Employment Opportunity Commission (“EEOC”) issued a final regulation… more

The Illinois Department of Labor (IDOL) has published the final regulations interpreting the Illinois Paid Leave for All Workers Act (the “Act”) which took effect four months earlier on January 1, 2024. The final regulations took… more

Last month, Nebraska passed the Nebraska Data Privacy Act (NDPA), making it the latest state to enact comprehensive privacy legislation. Nebraska joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee… more

On Monday, April 22, the Centers for Medicare & Medicaid Services (CMS) released two highly anticipated final rules. Together, these rules reshape the federal regulatory landscape for Medicaid and the Children’s Health Insurance… more

One of the most important aspects in arranging any fund finance transaction is structuring the security package. As anyone that has ever looked at a complete structure chart for a fund financing transaction knows, even a “simple”… more

The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) regulations have long recognized the rights of both employer and employee representatives to participate in OSHA inspections. In relevant part, 29… more

Scheming to find the most remote and inaccessible county in Texas (my vote is Yoakum but there is no paucity of candidates) in which to dish out Texas home-town justice to an out-of-state defendant? Consider Bauer and Braxton Minerals… more

On April 22, 2024, the U.S. Department of Justice announced the indictment of 10 Venezuelan individuals for conspiring to violate the International Economic Emergency Powers Act (“IEEPA”). According to the DOJ, the individuals… more

Many employers in the Netherlands will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to return to the… more

On Tuesday, April 23, 2024, the U.S. Department of Labor (the “DOL”) released its new final rule (the “Final Rule”) regarding when a person becomes a “fiduciary” by virtue of providing investment advice for purposes of the Employee… more

On May 1, 2024, the Federal Trade Commission (FTC) announced a settlement with InMarket Media (InMarket), a digital marketing and data aggregator, to resolve the FTC’s allegations that InMarket “unlawfully collected and used consumers’… more

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by… more

The U.S. Department of the Treasury and IRS released Notice 2024-37 on April 30, 2024, regarding the Sustainable Aviation Fuel (SAF) Tax Credit found at Section 40B of the Internal Revenue Code as an income tax credit and also… more

The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records.  There’s a longer list, however, of how they… more

Forshee v. Moulton, 2024 Tex. App. LEXIS 2520 (Houston [14th Dist.] April 11, 2024) - Brief Summary - The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in professional… more

We conclude our focus on culture this week by returning to some of our long-time compliance roots for improving culture, such as the listening tour. In 2022, returning Starbucks Chief Executive Officer (CEO) Howard Schultz began… more

Last week the FCA issued three announcements concerning its approach to the digital future of financial services in the UK. Amongst these was the FCA’s AI Update, their response to the government’s recent AI consultation outcome that… more

The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary supplements… more