On the heels of the preliminary injunction awarded in Tennessee/Virginia v, NCAA, the Virginia legislature has amended its Name, Image, Likeness (NIL) statute. The legislature appears to be taking advantage of the NCAA’s waning… more

The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or granting… more

It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement, attorneys for… more

In the months since Proskauer hosted its immigration panel discussion in partnership with Sanctuary for Families this past January, the influx of migrants across the U.S. southern border has continued. So has the dire need for pro bono… more

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published much anticipated regulations implementing the Pregnant Workers Fairness Act (PWFA). These regulations will take effect in June..… more

Investors in the Australian market are more sophisticated than ever and – unsurprisingly – so too are the restructuring transactions being promoted by these investors. One such transaction is the credit bid. While not a transaction… more

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are incredibly… more

Solar Powered Generation Sees Significant Growth while Some Solar Energy is Increasingly Blocked from Production - Our Currents focus article this month is on developments in the growth of solar electric power generation and… more

To prevail on a claim of unlawful employment discrimination, a plaintiff must establish that the employer took an “adverse employment action” because of the employee’s protected class..… more

The United States Pipeline and Hazardous Materials Administration (“PHMSA”) published in the April 10th Federal Register final rules amending the Hazardous Materials Regulations (“HMR”). See 89 Fed. Reg. 25434… more

In 2023, we saw an increase in both voluntary administration and receivership appointments in Australia. In the context of Australia's economic climate this was unsurprising — debtor companies were grappling with volatile markets… more

The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission seeks… more

In 2020, when former President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law, the federal Small Business Administration (SBA) referred to previous guidance to indicate that businesses “engaged in… more

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish other relief… more

The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases.  The case is important for issuers and shareholders alike for several reasons: - Pure… more

A creditors' scheme of arrangement ("Scheme") can be a powerful restructuring tool implemented to achieve a variety of outcomes for a business, ranging from deleveraging or a debt-to-equity conversion to a merger and/or issue of new… more

Are New Jersey employers required to reimburse employees for business-related expenses? The Superior Court of New Jersey, Appellate Division, recently considered whether an employer’s failure to reimburse an employee for costs he… more

The government’s continued dedication of resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs appears to have borne fruit according to the results of the COVID-19 Fraud Enforcement Task Force’s… more

Parties involved in or considering health care transactions in California have been focused on navigating the new rules set by California’s Office of Health Care Affordability (OHCA), and newly proposed legislation could present… more

The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide suggestions for… more

On April 2, 2024, the Enforcement Division of the California Privacy Protection Agency (CPPA) issued Enforcement Advisory No. 2024-01. This first-ever enforcement advisory focuses on promoting compliance with California Consumer… more

Hospitals should not delay in reviewing and revising their surgical informed consent forms and policies. On April 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding informed consent for… more

We have gathered and examined data from AGM Notices published by FTSE 350 companies since January 2024. We have set out the approach companies have taken on a number of key aspects of their meetings, including where the meetings are… more

In order to demonstrate discrimination under Title VII of the Civil Rights Act of 1964, plaintiffs must show that they suffered an adverse employment action. When this action involves a termination, salary reduction or other tangible… more

Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and states… more

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of… more

In today's globalised economy, local recognition of foreign insolvency proceedings can be essential for the successful implementation of cross-border restructurings. This is particularly relevant in Australia — a popular host for… more

The organization American Rivers has issued its annual list of what it describes as “America’s Most Endangered Rivers”. The organization, American Rivers, describes itself as: …championing a national effort to… more

Federal Agency Charges That Employer's Criminal History Screening Causes Discriminatory Impact Against Black, Native American and Other Workers- BALTIMORE – Sheetz, a large convenience store chain, violated federal law by denying… more

The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel Holdings… more

The CNIL’s newly released recommendations for AI system developers set out the regulator’s expectations for the entire development process of an AI system, from design to database creation and integration, ensuring development takes… more

La sentencia SU-018/24 proferida por la Corte Constitucional de Colombia confirmó la posición evidenciada en la sentencia del Consejo de Estado del 19 de agosto de 2022, por medio de la cual condenó a una empresa del sector de energía… more

On April 15, 2024, the Criminal Division of the Department of Justice (DOJ) announced the Pilot Program on Voluntary Self-Disclosure for Individuals, providing transparency regarding the circumstances in which Criminal Division… more

The Federal Trade Commission has announced that it will be holding a Special Open Commission Meeting on Tuesday, April 23, 2024, at 2pm EST regarding the rule to ban non-compete agreements. The expectation for this meeting is that the… more

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)… more

The UN General Assembly, on March 21, 2024, unanimously adopted a first-ever resolution on artificial intelligence (AI) to promote safe, secure, and trustworthy AI systems for sustainable development. The UN’s action reflects a growing… more

Recipients of grants and other forms of federal financial assistance will soon get much-needed relief from the heavy access, administrative and compliance burdens currently imposed by the Office of Management and Budget's (OMB)… more

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA)… more

On April 16, 2024, HBL CPAs, P.C. (“HBL”) filed a notice of data breach with the Attorney General of Montana after discovering that certain files stored on the company’s computer network were subject to unauthorized access. In this… more

On April 17, 2024, SysInformation Healthcare Services, LLC d/b/a EqualizeRCM and 1st Credentialing (“SysInformation”) filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party… more

The Consumer Financial Protection Bureau (“CFPB”) is engaged in a firestorm of tricky litigation these days. Some highlights, in addition to the Third Circuit’s NCSLT ruling we reported on previously: With respect to the CFPB’s… more

In Muldrow v. City of St. Louis, Missouri, a unanimous U.S. Supreme Court held on April 17, 2024, that an employee bringing a claim for discrimination under Title VII related to a job transfer need only show some employment… more

On April 15, 2024, Fresenius Kabi announced the U.S. launch of its ACTEMRA biosimilar, TYENNE (tocilizumab-aazg) as an intravenous formulation..… more

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule to implement the Pregnant Workers Fairness Act (PWFA)… more

Welcome to this month's edition of Plugged In. In this issue, we focus on the complex challenges facing electric utilities in addressing the critical need to adequately generate and transmit electricity to power the transformational… more

The Pensions Regulator (TPR) has published its latest review of pension scheme TCFD reports. This sets out TPR’s observations, feedback and suggested improvements for a selection of 30 reports published in 2023 (10% of the published… more

On April 10, 2024, the United States Environmental Protection Agency (“EPA”) issued its long-anticipated National Primary Drinking Water Regulation (“NPDWR”) establishing Maximum Contaminant Levels  (“MCLs”) for certain PFAS substances… more

Growth of the eDiscovery industry has occurred through new companies, new products, and consolidation. So does a company’s size matter when you’re choosing an eDiscovery provider? Some of that choice comes down to preference, of… more

Singapore’s Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) announced and issued the new Tripartite Guidelines on Flexible Work Arrangement Requests (Guidelines) on 16 April 2024… more

Director of Enforcement of the U.S. Securities and Exchange Commission (SEC or Commission) Gurbir Grewal warns of the risks surrounding artificial intelligence (AI) related disclosures and puts investment advisers and public companies… more

The Federal Arbitration Act (FAA) provides employers with wide discretion to require that disputes with employees be subject to mandatory arbitration rather than proceeding through the court system. Many employers favor arbitration… more

On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan borrowers… more

On April 17, 2024, the U.S. Supreme Court ruled in Muldrow v. City of St. Louis, Missouri that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964, as amended, must show only that the transfer brought… more

On April 12, 2024, the U.S. Securities and Exchange Commission (the “SEC”) announced settled charges against five registered investment advisers for violations of Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act… more

When must a hedge be identified and accounted for tax purposes? Taxpayers must identity each hedging transaction and the item it hedges. A taxpayer must clearly identify a hedging transaction “before the close of the day on which it… more

The Federal Trade Commission (FTC) has announced that the commission will vote April 23 on its proposed rule to ban noncompete agreements. While the final rule may differ from the Notice of Proposed Rulemaking issued in January 2023… more

“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses the… more

The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of actual or… more