On May 1, 2024, the U.S. Department of Commerce (“Commerce”) announced affirmative preliminary determinations in the antidumping investigation of aluminum extrusions from the People’s Republic of China, Colombia, Ecuador, India… more

New legal requirements in California and across the country will soon change the way businesses, in particular restaurants, must operate as the government seeks to eliminate the practice of “drip pricing” – i.e., advertising a price… more

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act). In 2022, the Maryland General Assembly passed the Family and… more

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances… more

On May 1, 2024, Judge Arun Subramanian of the United States District Court for the Southern District of New York largely denied a motion to dismiss a putative class action asserting claims under the Securities Exchange Act of 1934… more

FINRA’s guidance sheds further light on the new rule, which will permit firms to elect “non-branch” designation for a private residence where an associated person conducts specified supervisory activities… more

As the aviation market moves towards a more sustainable future and fuel source, Brazil and other Latin American countries are likely to serve as key production locations for SAF due to their unique natural endowments and existing… more

Radio and television station employment units (SEUs) located in the District of Columbia, Virginia, West Virginia, Michigan, Ohio, Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming with five or more full-time employees must prepare… more

In the April edition of our Public Company Watch, we cover key issues impacting public companies, including the SEC’s recent enforcement action regarding “AI Washing,” the SEC’s recent shadow trading case, proposed amendments to the… more

The Internal Revenue Service ("IRS") recently issued important guidance identifying new positions the IRS is considering on critical aspects of tax-free spin-offs, and significantly expanding the information that taxpayers must supply… more

Congratulations to those who won a cannabis social equity license in the Maryland lottery! To take advantage of this exciting business endeavor, check out these suggested priority actions and read on for essential considerations around… more

On March 28, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released updated guidance to freight forwarders specifically outlining their responsibilities under the aegis of the Export Administration… more

On 23 April 2024, the European Parliament announced its adoption at first reading of amended texts of the European Commission’s June 2023 legislative proposals for a Directive on payment services and electronic money services (PSD3)… more

On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient resolution of… more

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct allegations in the… more

The Inflation Reduction Act of 2022 added Section 6418 to the Internal Revenue Code (the “Code”) to allow taxpayers to sell certain Federal income tax credits… more

In 1992, a jury awarded the singer Tom Waits the equivalent of $6 million in today’s dollars because Frito-Lay used a voice-alike in its Doritos ad and misappropriated his right to publicity. Bette Midler, Shirley Booth, and Bert Lahr… more

The Maryland legislature addressed a wide array of labor and employment law topics this session. The laws discussed were signed into law by Governor Moore and become effective in 2024 on the dates noted. This article… more

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the Treasury… more

CFPB Director Rohit Chopra has released a statement about the proposal issued by the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and Federal Housing Finance Agency to address incentive-based… more

The US Department of Labor (DOL) maintains a robust investigatory program for auditing employee benefit plans for potential ERISA violations. Under the Biden administration, the DOL’s ERISA enforcement activities and investigations… more

The New York State Bar Association last month published a set of guidelines for the ethical use of artificial intelligence technologies in practice of law. The guidelines, which were included in a task force report, did not break any… more

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small… more

On May 7, 2024, DocGo, Inc. filed a notice of data breach with the Securities and Exchange Commission after discovering that an unauthorized party was able to access and acquire certain information from the company’s computer network… more

The IRS on April 16, 2024, released Notice 2024-35, which extends previously issued temporary relief from certain required minimum distribution (RMD) requirements for beneficiaries under qualified defined contribution plans through… more

On Thursday, April 25, Pete Guthrie—the Minister of Infrastructure of Alberta—provided some insight on the future of Alberta's infrastructure market. The Minister focused on the advancements and improvements their team was trying to… more

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published the final version of its enforcement guidance on harassment in the workplace. The updated guidance is effective immediately, and consolidates and… more

On May 2, 2024, the Federal Trade Commission (FTC) announced a consent order in the matter of Exxon Mobil Corporation’s (Exxon) acquisition of Pioneer Natural Resources (Pioneer). The consent order is unusual in that the sole remedy… more

On April 20, 2024, after months of negotiations, the New York State Legislature enacted the state’s 2024-2025 Budget (Budget). The Budget represents the most significant state action on housing in several budget cycles and includes… more

In a recent post, I took note of another Delaware corporation that had disclosed plans to convert to a Nevada corporation.  The Form 8-K filed by this company included the following statement..… more

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) finalized updates to regulations implementing Section 1557 of the Affordable… more

The Israel Securities Authority’s Financial Sanctions Committee recently issued two different decisions to impose financial sanctions on companies. These sanctions were for financial activities violating provisions of the Prohibition… more

The National Highway Traffic Safety Administration (NHTSA) finalized an important new safety standard requiring automatic emergency braking (AEB) systems in all light vehicles by September 1, 2029. The rule implements a mandate in the… more

The Bank of England has published the final versions of three Codes of Practice on wholesale cash distribution and accompanying Guidance relating to information gathering, third-party arrangements and cash centre closures and market… more

Is an independent food distributor exempt from an arbitration agreement under the interstate transportation worker exemption in the Federal Arbitration Act (FAA)? That was the question that the U.S. Supreme Court addressed in its April… more

Recently, the Governor of Virginia signed HB 184 (the “Act”) which amended the foreclosure procedures and subordinate procedures. Specifically, the Act added a requirement that if the proposed sale was initiated due to a default in… more

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued its controversial final rule related to the first federally imposed minimum staffing requirements for long term care facilities (“Final Rule”).[i] For the… more

On April 25, the California DFPI released its Annual Report of Activity under the California Consumer Financial Protection Law (CCFPL), highlighting investigations, public actions, and consumer outreach efforts under the CCFPL… more

On 6 May 2024, the German data protection authorities (“DPAs”) issued an extensive guidance paper on the GDPR compliant deployment of artificial intelligence (“AI”) applications. This article summarizes the key findings of the guidance… more

On April 26, the Governor of Florida signed into law HB 1031 (the “Act”), which will amend Florida’s credit counseling services law to provide an exception for telemarketers and sellers that furnish “debt relief services” (as defined… more

The federal government recently changed how it categorizes people by race and ethnicity for the first time in over 25 years – which means employers will soon need to revise their data-collection forms for EEO-1 filings and Affirmative… more

It’s safe to say that most of us didn’t pursue a career in law because of our love for data, right? If we were passionate about data, we’d probably be in a different field altogether… more

Ensuring that applicant data is collected and maintained correctly is one of the most important pieces of compliance with OFCCP regulations. Properly documented applicant data can minimize or eliminate errant indicators of… more

Join us for the third installment of our groundbreaking webinar series, "Rise of the Machines". In previous sessions, retired Judge Ralph Artigliere, together with CodexTen’s pioneers Shawn Arnold and Clayton Romero, uncovered the… more

Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer reasonably… more

At long last, the final Title IX regulations have been released! What do they say? How must your policies and procedures change to comply? Our higher ed team is hard at work parsing through 1,557 pages of regulations and commentary to… more

Join us for our May Event where we will discuss project management best practises, different technical approaches to case management, and how eDiscovery and Legal Project Management can collaborate… more

As protests erupt across college campuses, educational institutions are grappling with how to handle escalating situations and balance important interests like free speech and student safety. Colleges and universities are under… more

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment in… more

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury..… more

In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough… more

In just the first few weeks of 2024, two separate cases of allegations of research misconduct have been publicized. In both cases, the alleged misconduct was discovered by independent “data sleuths” using artificial intelligence… more

This week, on a special episode of our Spilling Secrets podcast series, we break down the Federal Trade Commission’s (FTC’s) purported nationwide non-compete ban and discuss what’s on the horizon for employers: On April 23, 2024… more

While facilitating a monthly circle of support for caregivers, I’ve noticed one of the most distressing issues they face is the “driving dilemma,” meaning their loved one who has been diagnosed with dementia continues to drive a motor… more

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options before… more

On April 25, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations (the Final Regulations) regarding the election to transfer energy tax credits under Section 6418 of the… more

Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU or… more

As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not just their capabilities and features, but also the agreements under which they are provided… more