In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment, discrimination… more
*This alert was originally published on May 3, 2024 and updated on May 8, 2024 based on a correction published by BIS that day. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule that… more
Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final rule… more
In February 2019, the Pennsylvania Department of Banking and Securities (DoBS) issued public guidance on the applicability of the Money Transmitter Act (MTA) to virtual currency exchanges by means of a link entitled “Money Transmitter… more
On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) published Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance took effect immediately and supersedes the EEOC’s previously published… more
The Department of Labor issued a final release (the “Final Release”) which (1) finalized changes to its 1975 rule defining when institutions and individuals are providing fiduciary “investment advice” to plans that are subject to the… more
Last week’s Privilege Point described one court’s incredible requirement that litigants identify everyone who learned of a withheld document’s content — even if they were not shown as a recipient… more
Under new legislation amending Maryland’s Equal Pay for Equal Work Law, employers in the state will be required, as of Oct. 1, to include certain wage information in both public and internal job postings and advertisements. This… more
The pandemic-driven rise in remote work has created a big opportunity for real estate developers to turn empty offices into apartments, condos, and other types of housing… more
If you are a citizen of the United States with Italian heritage, you may qualify for dual citizenship in Italy. Since 1992, Italy has allowed dual citizenship with the United States, and applicants do not have to renounce their… more
Tattoos and copyright law have once again crossed paths, as an Ohio jury recently concluded that the creators of the NBA 2K series had an implied license to use an artist’s designs that he tattooed on LeBron James. Even before reaching… more
Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the schedule… more
On April 15, the U.S. Department of the Treasury published a proposed rule that would enhance certain Committee on Foreign Investment in the United States (CFIUS or the Committee) procedures and increase CFIUS penalty and enforcement… more
On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do Not Call… more
On April 17, 2024, the Securities and Exchange Commission’s (SEC) Division of Examination (Division) issued a Risk Alert to provide information about investment advisers’ compliance with amended Rule 206(4)-1 (Marketing Rule) under the… more
In a recently decided case, the U.S. Supreme Court held that a job transfer may demonstrate adverse action even when the transfer does not result in a loss of pay or other benefit. A unanimous Court held in Muldrow v. City of St. Louis… more
To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between Panasonic and… more
Representative Henry Cuellar (D-TX) and his wife, Imelda Cuellar, are facing federal charges of bribery, money laundering, and violations of the ban against public officials serving as foreign agents required to register under the… more
On 8 April 2024, the Dutch Minister of Medical Care sent a letter to Dutch Parliament (in Dutch: “Tweede Kamer”) regarding interactions between life sciences companies and health care professionals highlighting the need for… more
Less than a year after California’s new Office of Health Care Affordability (OHCA) released the first draft of its intensive healthcare transaction review regulations, OHCA now entertains its first-ever material change transaction… more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Hinds County, Mississippi, entered into a January 29th Agreed Order (“AO”) addressing an alleged violation of Miss. Code Ann. § 49-17-29(2)(b). See Order No. 7304… more
The Government of Canada has proposed amendments to the federal Impact Assessment Act (IAA) it says are intended to ensure the IAA is constitutionally sound while balancing environmental protection and development goals… more
On April 22, 2024, the U.S. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to… more
Welcome to April’s edition of our UK Tax Round Up. This month has seen a number of interesting decisions covering the application of the transfer pricing rules and the unallowable purpose test to an intragroup financing arrangement… more
On April 15, 2024, the Kentucky Board of Pharmacy (“Board”) posted a suite of proposed non-resident pharmacist rules that will require any pharmacist working in another state and who provides services on a Kentucky citizen’s… more
On May 7, 2024, Evolution Payroll Services (“EPS”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to gain access to an employee’s email account. In this… more
On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the "Act" or "EECTA") received royal assent and became law. The Act introduced a number of changes, some of which came into effect immediately and others… more
The Third Circuit ruled that the obligations are prepetition “contingent and unliquidated” claims that can be discharged in a bankruptcy. In the chapter 11 bankruptcy of Mallinckrodt plc and certain subsidiaries (In re Mallinckrodt… more
After almost four years, the long-awaited Uniform Family Law Arbitration Act was signed by Governor Shapiro on May 8, 2024. This Act is a huge win for families in the Commonwealth as it provides a private and voluntary process for… more
In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking claims when… more
President Biden has signed the REPORT Act (S.474) into law, imposing additional obligations on online service providers to report material related to the sexual abuse of children. The REPORT Act: Expands reporting obligations to… more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special… more
On May 7, 2024, Surety HR, Inc. filed a notice of data breach with the Attorney General of Massachusetts after discovering that confidential information in the company’s possession was subject to unauthorized access. In this notice… more
Corporate structures in commercial real estate transactions can often be very complex and involve layers of entities. Special purpose entities that are bankruptcy remote (“SPEs”) are frequently used in commercial real estate loans to… more
Last month, the National Academies of Science, Engineering, and Medicine (“NASEM”) issued a report discussing the inclusion of pregnant and lactating people in clinical research and the health impacts of inadequate data from research… more
According to a May 1, 2024 press release, the high-concentration (100 mg/mL), citrate-free formulation of Boehringer Ingelheim’s Cyltezo® (adalimumab-adbm) was approved by the FDA on May 1 as interchangeable with AbbVie’s Humira®… more
On May 9, 2024, Ascension posted a website notice confirming that the company is in the process of responding to what it believes is a “cyber security event.” In this notice, Ascension explains that access to certain systems has been… more
In just the US, more than 100,000 men, women, and children are waiting for an organ transplant. According to the United Network of Organ Sharing, more than 6,000 people in the US die on an annual basis waiting for a matched organ… more
On 23 April, the UK’s banking regulator, the Prudential Regulation Authority (“PRA”), published a letter to Chief Risk Officers setting out the results of a thematic review of private equity related financing activities… more
The Museum of Western Art is dedicated to excellence in the collection, preservation, and promotion of Western Heritage and the education and cultural enrichment of our diverse audiences. The Museum serves as a bridge between the… more
Mistakes happen, and the tax law can be complex and ambiguous. The question becomes, what does a taxpayer do if they discover a mistake on their tax return? Should an amended tax return be filed? In some cases, the taxpayer will want… more
It’s not usual for companies to have employees working in multiple states, especially if they hire remote workers. However, managing a workforce that is spread out over multiple locations can be challenging. Join Sara Zorich, Karen… more
As we near the end of the Biden Administration’s first term, the NLRB has continued to be very active in issuing decisions that align with the Administration’s philosophy. These decisions are wide-ranging and include increased scrutiny… more
On May 30, the Benelux department of ACEDS (Association of Certified eDiscovery Specialists) is organizing an exclusive event in Amsterdam. Are you interested in the latest developments in the field of artificial intelligence? Would… more
Federal Trade Commission (FTC) Final Rule: Non-Compete Clause (Non-competes) Rule - On May 6, FTC published a final rule deeming an unfair method of competition for persons to enter non-competes with workers. For existing… more
On April 30, 2024, Judge Marilyn L. Huff of the United States District Court for the Southern District of California dismissed with leave to amend a putative class action asserting claims under the Securities Exchange Act of 1934… more
The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to further many… more
The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage statement… 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 the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have a quintet of commentators; Jonathan Armstrong, Jonathan Marks, Matt Kelly, Jay Rosen, and special guest Karen… more
Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well as, among… more
The Internal Revenue Service (IRS) held a hearing on May 6–7, 2024 on the proposed regulations for donor-advised funds (REG-142338-07) issued by the agency in November 2023. More than 150 organizations provided comments on the proposed… more
Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v. Folwell… more
Both Delaware and Nevada require corporations to indemnify certain persons against expenses (including attorneys' fees) to the extent that they have been successful on the merits or otherwise in defense of any action, suit or… more
In December 2021, the Consumer Financial Protection Bureau (CFPB) released research critiquing banks for charging overdraft and related fees to consumers, and the CFPB director, Rohit Chopra, stated the agency would renew its focus on… more
Federal Trade Commission. Deceptive real estate listings. On April 3, 2024, FTC announced close to $62 million in refunds for consumers misled by deceptive marketing and advertising practices used by Opendoor Labs, Inc., an online real… more
For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain invaluable… more
For the first time in 25 years, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on Harassment in the Workplace. Employers should review existing anti-harassment policies and trainings with… more
