It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB. The… more

On July 1, 2024, the Department of Labor’s rule raising the salary threshold for workers to be exempt from the overtime requirements of the Fair Labor Standards Act becomes effective. Labor lawyers and HR professionals have long… more

FCA Issues Reminders on Annual Reporting and LTIP Disclosure Requirements - On 22 May 2024, the FCA published Primary Market Bulletin 49 (PMB 49) reminding listed companies of certain continuing obligations under the Listing… more

You've been sued by a consumer. Now what? First things first: What are your business's priorities regarding how and where the dispute is resolved?… more

On April 11, 2024, the U.S. Department of the Treasury announced a notice of proposed rulemaking that would expand the enforcement authority of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”).  If… more

President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is Section 767… more

It all starts with a notice. In modern civil litigation, the notice of deposition is the principal means for litigators to ensure that the objectives of deposing a witness are met in a timely, cost-effective, and lawful manner. That’s… more

The long-awaited SEC private fund rules were put on ice by the Fifth Circuit U.S. Court of Appeals today when the appellate court struck down the rules and the significant compliance, disclosure, and reporting changes that were to come… more

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state… more

The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. The Study… more

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on requests for… more

Campaign Finance & Lobbying Compliance - A political action committee–run by the wife of Mark Meadows, former President Donald Trump’s last chief of staff–plans to close and faces a nearly $10,000 fine over accusations of violating… more

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such technology in a… more

Overseas Critical Exports (ENFORCE) Act—a bill to expand the authority of the Bureau of Industry and Security (BIS) to control the export of artificial intelligence (AI) systems and other emerging technology with national security… more

On May 28, 2024, the Chair of the Supervisory Board of the European Central Bank ("ECB"), Claudia Buch, announced the decision to reform the current process of annual review of credit institutions under direct ECB supervision ("SREP")… more

On May 24, Minnesota Governor Tim Walz (D) signed the Minnesota Consumer Data Privacy Act (MCDPA) into law. The MCDPA largely aligns with previous state consumer privacy laws, but it introduces some significant and novel variations… more

The Minnesota legislature continues to be busy, amending and clarifying the sweeping paid sick and family leave laws it passed last year. While some of these amendments provide much needed clarification, others add further ambiguities… more

The Press has announced that the Merger Agreement between UPMC and Washington Health System was approved by the Pennsylvania Attorney General with certain conditions, one of which was that UPMC would honor existing employment contracts… more

The PIPE market has proven to be resilient during times of stress.  In 2023, issuers raised over $33.8 billion in 809 PIPE transactions according to PrivateRaise.  This is considerably less than in 2021 during which issuers raised over… more

Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and habitat… more

The CFPB issued its final rule, titled the Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders Final Rule, on June 3, 2024. The rule will require certain nonbank entities to register certain covered… more

Montana Medicaid provides health care coverage to nearly 300,000 Montanans, including low-income children, pregnant women, people with disabilities, and adults. We produce the Medicaid in Montana annual report to help Montanans and… more

Singapore recently made three new changes in employment practices that stand to impose higher standards on employers. These three major legislative updates may have implications for employer handbooks and policies… more

Under the Fair Labor Standards Act (FLSA) and Virginia law, employers must pay non-exempt employees at least minimum wage for all hours worked and an overtime premium for all hours worked in excess of 40 hours in a week… more

In a recent order, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award arising from a post-closing purchase price adjustment dispute between a seller of a chain of grocery stores and a private equity buyer… more

On May 31, 2024, the FDA announced initiation of the Support for Clinical Trials Advancing Rare Disease Therapeutics (“START”) pilot program. The START program, led by the Center for Biologics Evaluation and Research (“CBER”) and… more

There were no signs of slowing down as FedRAMP announced its ambitious plan to make significant changes over the next two years. During a recent public forum, FedRAMP discussed the planned changes to its program to accelerate… more

As a mediator of employment and multi-party civil disputes, I frequently see cases that should settle but the gears get stuck. Not because the right amount of money isn’t on the table. Not because the requisite confidentiality and… more

The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July 1, 2024… more

Device manufacturers may soon have access to a new framework for marketing and selling medical devices in the United Kingdom.  On May 21, 2024, the UK Medicines and Healthcare products Regulatory Agency (MHRA) published..… more

In a highly anticipated decision, the en banc Federal Circuit overruled the longstanding Rosen-Durling test for assessing obviousness of design patents.  The challenged framework, derived from two cases, In re Rosen, 673 F.2d 388 (CCPA… more

On June 4, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a Consumer Financial Protection Circular 2024-03 (“Circular”) warning that the use of unlawful or unenforceable terms and conditions in contracts for consumer… more

Are there special hedging provisions for section 988 transactions? Yes. In addition to the business hedging rules I address in our earlier Q&A with Andie series, a special hedging provision is available at Code section 988(d) for… more

On episode 20, hosts Tina and Cherie welcome Maynard Nexsen attorneys and former Judges Markley Dennis and Billy Wilkins, both of whom had long careers as public servants. Judge Dennis and Judge Wilkins share their best practices… more

In our latest roundup, big bank exposure to CRE lending grows, concerns for the construction industry abound, U.S. hotel securitized loans come due, and more!… more

This is the first of a four-part series focusing on estate planning for founders. In this series we will cover why, as a founder, you need an estate plan. The right planning can save your family significant sums of money in… more

Preliminary Note: On Tuesday, April 9, 2024, the United States Department of Transportation issued a final rule that modernized the Disadvantaged Business Enterprise (DBE) program and the Airport Concessions DBE (ACDBE) program… more

This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule amends… more

Host Gregg N. Sofer welcomes Husch Blackwell partner Christina Moore to the show to unpack recent remarks made by Deputy Attorney General Lisa Monaco concerning a new Department of Justice whistleblower program. Monaco described a… more

On May 28, Amgen filed a BPCIA complaint in the District Court for the District of New Jersey against Celltrion related to its denosumab biosimilar of Amgen’s PROLIA and XGEVA. This is the second BPCIA litigation regarding denosumab… more

On May 21, 2024, Erik Gerding, the director of the Division of Corporation Finance of the Securities and Exchange Commission (SEC), released a statement containing guidance for public companies regarding the disclosure of material… more

On June 4, 2024, the Republican-led House Appropriations Committee released a spending bill that would, among other things, cut funding for financial services agencies, including the United States Securities and Exchange Commission… more

A newly designated economic development region, Lake to River Economic Development, will benefit not only its four member counties, but the state as a whole, Governor Mike DeWine said in an exclusive interview with the The Business… more

The Bankruptcy Code bars certain individuals or entities from filing for bankruptcy protection, generally because they do not reside or have a place of business or property in the United States, fail to satisfy certain debt thresholds… more

The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and physician… more

On 19 May, Directive (EU) 2024/1226 on the definition of criminal offences and sanctions for breaches of EU restrictive measures, adopted by the EU Council on 24 April, entered into force. By harmonizing the laws of the Member… more

In today’s globalized landscape, legal translation is often necessary for everything from courtroom proceedings to contract negotiations. However, legal translation goes beyond just changing words from one language to another… more

As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use as well as… more

Following an overhaul of the Singapore insolvency regime which came into force on 30 July 2020, the insolvency and restructuring framework was consolidated in the omnibus Insolvency, Restructuring and Dissolution Act 2018 (IRDA). One… more

The legal landscape surrounding the creation, use and governance of artificial intelligence (AI) is rapidly changing and growing, imposing significant obligations on business and new rights for individuals. In recent months, the US has… more

Because the sun does not always shine and the wind does not always blow, ensuring that renewable sources can reliably meet society’s energy demands has long been a challenge for clean energy advocates. Battery energy storage systems… more

As financial crime compliance pressures grow, the UK Financial Conduct Authority (FCA) continues to emphasise the significance of its Financial Crime Guide (FCG) as part of the overarching regulatory framework for financial crime… more

In May, the U.S. Department of Justice (DOJ) and U.S. Attorneys’ Offices announced several significant False Claims Act (FCA) settlements resolving qui tam whistleblower lawsuits. Under the FCA’s qui tam provisions, a crucial tool… more

On May 24, 2024, the Massachusetts Division of Insurance (the “Division”) issued Insurance Bulletin 2024-06, “inducements, rebates and affiliated entities” (the “Bulletin”). The Bulletin is addressed to “all licensed insurance… more

Consumer protection enforcers may be on the lookout for misleading hotel and resort rates and fees this summer travel season. This includes state attorneys general (AGs), who have announced multiple lawsuits and settlements regarding… more

On May 15, the Bipartisan Senate Artificial Intelligence (AI) Working Group (“Working Group”) released a report titled “Driving U.S. Innovation in Artificial Intelligence” that lays out a detailed policy roadmap for approaching the… more

The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the 2020… more

On May 10, 2024, California Governor Gavin Newsom released a revised budget for 2024-2025 that includes, among other changes, a temporary suspension on the use of net operating losses (NOLs) for businesses with California income in… more