Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little concrete… more

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”… more

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County. Specifically, on… more

The U.S. Department of Agriculture (USDA) announced on April 23, 2024, that it is funding more than 700 clean energy projects to lower energy bills, expand access to domestic biofuels, and create jobs and new market opportunities for… more

Latticework Capital Management (LCM) has announced the closing of its latest fund with $345 million in commitments… more

Last year, California enacted a law which will generally require companies to include all mandatory fees when they advertise prices. Starting on July 1, 2024, the following practices will be unlawful..… more

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of… more

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible — and possibly criminal — things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information… more

Earlier this year, the National Institute of Standards and Technology (NIST) issued an update to its Cybersecurity Framework (CSF) with the release of version 2.0, the first update since April 2018 (version 1.1). While the core… more

As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells were Made in… more

On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or retaliation claim… more

The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant concern to… more

The previous posts in this series addressed the need for the CCF to schedule sessions proportionally to the number of requests for relief it receives each year. RNLJ advocates that it is not feasible to continue scheduling 3-4 sessions… more

The US Department of Commerce’s Bureau of Industry and Security (BIS) added a new License Exception for Medical Devices (License Exception MED), effective April 29, 2024, authorizing exports, reexports and transfers of certain medical… more

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs as… more

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most… more

On March 6, 2024, New Hampshire joined the steadily expanding number of states adopting a comprehensive data privacy law, when Governor Chris Sununu signed SB 225 (the "New Hampshire Privacy Act"). The law will take effect January 1… more

On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and members of the… more

On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline "Fairness for… more

Our Securities Litigation Group reviews a recent ruling from the Seventh Circuit that could make it more difficult for shareholders to bring M&A disclosure claims… more

The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to salary… more

This Week in Washington: Senate Finance Committee releases discussion draft concerning generic drug shortages; FDA releases laboratory-developed tests final rule; Administration extends ACA subsidies for Deferred Action for Childhood… more

The Securities and Exchange Commission’s final rules on disclosing climate-related risks to investors are on hold, but California and EU rules are in effect. Our Securities and Environmental, Social & Governance (ESG) teams discuss how… more

An April 17, 2024, the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) issued General License (“GL”) 44A (“Authorizing the Wind Down of Transactions Related to Oil or Gas Sector Operations in Venezuela”) and… more

Venture debt endured a challenging 2023, but as lenders look for new product lines to increase deployment after a quiet period, they are turning their attention to the venture debt market. US venture debt lending dropped to… more

Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete ‎provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. ‎Federal Trade Commission et al., Case No. 6:24cv148… more

Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership information… more

As we at Budding Trends reported last week, the DEA is set to finally accept the recommendation of the U.S. Department of Health and Human Services (HHS) to reschedule marijuana from Schedule I to Schedule III under the Controlled… more

On June 27, 2023, the Pregnancy Workers Fairness Act (“PWFA”) went into effect requiring employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to… more

Look Ahead to the Week of May 6: FAA Deadline Nears Both the House and Senate are in session this week. Congress has less than a week to consider and vote on the bipartisan, bicameral agreement extending the authorization of the… more

On April 23, 2024, the Los Angeles County Board of Supervisors voted to implement a fair workweek predictable scheduling ordinance, which will go into effect on July 1, 2025… more

The U.S. District Court for the District of Maryland ordered engineering firm Bicallis LLC and its owner, Bryan Hill, to restore missing contributions to the Bicallis LLC 401(k) Plan… more

By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements.  The final rule is scheduled to go into effect… more

This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023, opining that… more

On April 30, 2024, the Consumer Financial Protection Bureau (CFPB) published a report on a study investigating the effects of complex pricing structures and increased competition on consumer choices. The CFPB found that consumers were… more

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, Cynthia Rowland highlights some tax schemes designed to exploit both taxpayers and the Treasury. The Internal Revenue Service just wrapped up the 2024 Dirty… more

On April 29, Oklahoma enacted SB 1492 (the “Act”) which will amend the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act by, among others, expanding the definition of “mortgage broker” to include servicing a residential… more

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you may not… more

Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment that took… more

There is a misperception that the Federal Trade Commission’s (FTC) ban on non-compete clauses excludes hospitals and healthcare entities. This is not exactly the case. Some employers are outside the FTC’s jurisdiction and therefore… more

The Federal Decree-Law No. 14/2018 on the Central Bank and the Organisation of Financial Institutions and Activities, along with its recent amendments outlined in Federal Decree-Law No. 54/2023, has introduced significant changes… more

We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive… more

While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of California Court… more

The Federal Trade Commission (FTC) has voted to approve a proposed rule that would ban employers from using non-compete agreements with nearly all employees. The FTC estimated that one in five US workers is bound by a noncompete… more

Missouri recently followed many other states by making equal parenting time a rebuttable presumption in divorce and child custody matters. The rebuttal presumption was enacted as part of Senate Bill 35, which went into effect in… more

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other similar… more

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s… more

On April 22, the Governor of Maine signed into law LD 2112 (the “Act”) which will codify a new law titled the “Maine Money Transmission Modernization Act.” The Act will amend and repeal many parts of the state’s money transmission laws… more

According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) were down for the month of March while court filings under the Telephone Consumer… more

Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be included in a… more

China’s long-awaited amended Company Law (New Company Law) was enacted on 29 December 2023, effective from 1 July 2024. The new amendments are arguably the most significant since China established its company law regime back in 1993… more

In an era where digital platforms have become an integral part of children’s lives, concerns about online safety and privacy have reached a fever pitch. U.S. lawmakers are now taking decisive action to address these issues, with… more

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC guidance on… more

Over the past several years, diversity, equity, and inclusion (DEI) programs have come under increased legal and public scrutiny. Multiple large employers have been sued by activist groups because of these programs and a number of… more

The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory compliance… more

On April 23, 2024, the DOL finalized its 2023 proposed package of amendments to the regulations defining who is a fiduciary under ERISA by virtue of providing investment advice for a fee, and amendments to seven existing prohibited… more

On May 3, 2024, the U.S. Environmental Protection Agency’s (EPA) final rule on procedures for chemical risk evaluation under the Toxic Substances Control Act (TSCA) was published in the Federal Register. In the words of EPA’s Assistant… more

From the end of the COVID-19 public health emergency (PHE) to the overturning of Roe v. Wade to the growth of AI in health care, multiple forces are converging to remap the health care landscape. In a new webinar, Manatt Health will… more