The CFPB’s Office of Minority and Women Inclusion (OMWI) provided its annual report to Congress covering the agency’s efforts in 2023. Section 342 of the Dodd-Frank, Wall Street Reform, and Consumer Protection Act (Dodd-Frank) mandates… more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's… more
Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To address this… more
FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the Noncompete… more
The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance also… more
This week, Tina and Christy welcome Joan Moore and Mim Munzel of The Arbor Consulting Group, a national firm focused on HR risk management and OFCCP compliance. In part 1 of this discussion, the group has a deep dive on the… more
On April 29, the Equal Employment Opportunity Commission issued its Enforcement Guidance on Harassment in the Workplace. While not binding law, the new guidance aims to provide updated information on EEOC’s expanded view of what… more
The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way for… more
On April 10, the U.S. Environmental Protection Agency (EPA) adopted the final National Primary Drinking Water Regulations (Rule) for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctanesulfonic… more
New York City has published an anticipated new required workplace poster on the city-created “Workers’ Bill of Rights” that is meant to inform employees of their rights at work… more
The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus. Now, these terms are used to describe not only a lifestyle, but foods, cosmetics, and clothing… more
Last week, we blogged about arguments by Colorado and the FDIC in their briefs opposing a motion for preliminary injunction that would enjoin application of Colorado’s opt-out statute with respect to loans by FDIC-insured state banks… more
A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our… more
In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just… more
On April 29, 2024, the Office of the Federal Register placed on display the Food and Drug Administration’s (FDA) final rule on the regulation of laboratory developed tests (LDTs). Set to be officially published on May 6, this rule… more
In DexCom, Inc., v. Abbott Diabetes Care, Inc., 89 F.4th 1370 (Fed. Cir. 2024), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction, finding that a patentee could not rely on… more
When a class action is filed in state court, most defendants first evaluate whether the case can be removed to federal court. The Class Action Fairness Act (CAFA) offers a broader avenue to remove cases to federal court than… more
The U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of its new enforcement guidance on workplace harassment on April 29, 2024. The new guidance includes updates aimed at addressing workplace harassment in… more
On April 29, 2023, the FDA announced a final rule on regulation of laboratory developed tests (LDTs). The rule explicitly categorizes in vitro diagnostic products (IVDs) intended for clinical use as medical devices, which are within… more
On 21 March 2024, McGuireWoods London partner Callum Hassall moderated the third session of Bisnow’s UK Office Series: The Renaissance event, which focused on London’s office leasing landscape… more
On April 24, 2024, the Treasury Department and the IRS released final regulations under Section 897 that change the rules for determining whether qualified investment entities (QIEs) are domestically controlled under the Foreign… more
On April 22, 2024, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued a Final Rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to support… more
Did managing your company’s insurance program (or parts of it) unexpectedly land on your desk? Ouch. But help is here: In this week’s blog my colleague Lenin Lopez offers practical steps you can take if you become responsible for their… more
On April 7, 2024, a draft of the American Privacy Rights Act was introduced. Bringing forth this bipartisan-supported bill represents a significant step toward privacy regulation in the United States. The proposed act brings the… more
The lead negotiators of the Council of the EU and the European Parliament have reached an agreement on a new EU regulation for the European Health Data Space (EHDS). Once adopted, the regulation will expand individuals’ access to and… more
On April 30, 2024, the Associated Press announced the U.S. Drug Enforcement Agency (DEA) will move to reclassify cannabis from a Schedule I to Schedule III under the Controlled Substances Act. It is important to note that the move… more
Following the long-delayed passage of Fiscal Year (FY) 2024 appropriations funding legislation, the House is moving forward by setting deadlines for FY 2025 programmatic, language and Community Project Funding (CPF) requests. With… more
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated systems in… more
While the Spring 2024 Supervisory Highlights report issued by the Consumer Financial Protection Bureau (CFPB) largely covered loss mitigation deficiencies and fee practices — issues that are regulatory priorities and, therefore, top of… more
The Department of Treasury and the Internal Revenue Service issued final regulations on requirements for taxpayers selling clean energy tax credits… more
On April 24, 2024, President Joe Biden signed into law HR 815, which primarily provides supplemental emergency appropriations relating to ongoing conflicts in Ukraine, Israel and Taiwan. Although principally focused on an emergency… more
We have all heard the terms “ambulance chasers” or “case runners” used to describe unethical practices of personal injury law firms. Even the general public is familiar with these terms, mostly from the use of them in comedy sketches… more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-02 (the “Opinion”) to a nonprofit organization that provides financial support… more
With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants… more
The Financial Crimes Enforcement Network (“FinCEN”) recently issued a Financial Trend Analysis (“Analysis”) focusing on patterns and trends identified in Bank Secrecy Act (“BSA”) data linked to Elder Financial Exploitation (“EFE”)… more
The Fiscal Year 2025 enacted budget will significantly change the Consumer Directed Personal Assistance Program (CDPAP), a program of self-directed home care that allows seniors and individuals with disabilities to hire their own… more
The Government of Canada recently announced what it characterizes as comprehensive measures to reduce plastic pollution in efforts to move toward a circular economy and zero plastic waste by 2030 in accordance with the Canada-wide… more
After years of speculation, the Associated Press (“AP”) announced yesterday that the U.S. Drug Enforcement Administration (“DEA”) will move to reclassify cannabis from a Schedule I to a Schedule III substance under the Controlled… more
On March 1, the Departments of Health and Human Services (HHS) and the Treasury approved New York’s section 1332 waiver that expands affordable coverage to additional groups of New Yorkers. The waiver essentially suspends New York’s… more
The United States Department of Transportation (DOT) announced on April 9, 2024 significant updates to the Disadvantaged Business Enterprise (DBE) program regulations that are set to go into effect on May 9, 2024. The rulemaking… more
On April 25, 2024, the U.S. Department of Labor (“DOL”) published its much-anticipated final regulation on the definition of “fiduciary” under section 3(21)(a)(ii) of the Employee Retirement Income Security Act of 1974, as amended… more
La Cour de justice de l'Union européenne (« CJUE ») a récemment examiné une affaire impliquant IAB Europe, une association sans but lucratif établie en Belgique, représentant les entreprises du secteur de la publicité digitale en… more
Commercial owners often capitulate when contractors hesitate to agree to liquidated damages for construction project delays. More often than not, owners should demand that contractors accept liquidated damages, in lieu of an owner… more
In this month's article, we share some of our top "bites" covered during the April 2024 webinar… more
The HM Treasury on April 22, 2024, published the draft Securitisation (Amendment) Regulations 2024 (the “Draft SI Amendment”) as part of the continued process of replacing the retained EU Securitisation Regulation (which was onshored… more
Legislators in Colorado have passed the first law in the United States meant to protect a consumer’s brainwaves. While advances in neurotechnology such as brain-computer interfaces that can translate a person’s thoughts into actions… more
Lincoln Financial Group is launching its FlexPEP(k) and FlexPEP(b), a pooled employer plan (PEP) solution for 401(k) and 403(b) plans… more
In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court expressed its… more
This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This article… more
On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception of… more
On April 25, 2024, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) filed a joint comment with the Federal Energy Regulatory Commission (FERC or Commission) raising concerns about FERC’s… more
California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable Purposes Act… more
Finding innovative ways to stand out in the crowded legal market is more critical than ever. LinkedIn, the world’s largest professional network, has introduced a groundbreaking tool poised to transform legal marketing strategies:… more
A recap of some of the most widely read updates, analysis, and commentary published on JD Supra during April, 2024… more
The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First, on April 8… more
In the latest article from our Striking the Balance: Permitting Reforms for Mining and the Energy Transition series, we explore the EU’s recent efforts to streamline the mine permitting process via the Critical Raw Materials Act… more
In a boon to the cannabis industry, the federal government is reclassifying cannabis and easing federal restrictions on the drug, according to news reports. The Drug Enforcement Administration will approve a recommendation from the… more
A surprising development took place this week in the lawsuit challenging the CFPB’s final credit card late fee rule (Rule). The Fifth Circuit entered an order vacating the district court’s order denying the plaintiffs’ motion for… more
