Ad Law News and Views - April 2024
IN THE NEWS AND LATEST UPDATES - NAD Recommends More Prominent Disclosures on Influencer Posts - Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin… more
IN THE NEWS AND LATEST UPDATES - NAD Recommends More Prominent Disclosures on Influencer Posts - Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin… more
On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations are set to be published in the Federal Register on April… more
New York City’s pay transparency law, which went into effect September 2023, has been the subject of employer scrutiny in regard to compliance. The law requires employers to provide “good faith” salary ranges on job postings… more
The EEOC issued its Final Rule and Interpretive Guidance implementing the Pregnancy Workers Fairness Act (PWFA) on Monday, April 15, 2024. The Rule becomes effective sixty days after it is published in the Title 29 of the Code of… more
A group of 13 Republican AGs and the American Free Enterprise Chamber of Commerce filed a petition for review of the DOE’s Petroleum-Equivalent Fuel Economy Calculation final rule—which provides the procedures for calculating values… more
On April 17, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) released General License (GL) 44A, requiring the wind down of business transactions with Venezuela’s state-owned energy company Petróleos de… more
The Supreme Court has upended employment law precedent, changing the standard for how to assess an employee’s claim that he or she was transferred for discriminatory reasons… more
While economic factors, including the high cost of capital, continue to keep our clients up at night, we also see signs of optimism in 2024. Against this fiscal backdrop, significant recent regulatory changes and those on the horizon… more
Challenges to corporate diversity, equity, and inclusion programs have gained momentum over the past year. As challengers refine their legal strategies, companies need a new playbook to protect and improve their DEI programs and—if… more
From adjustments to terminations, it’s important for government contractors to understand lessons learned from 2023 contract claims and appeals decisions and how these decisions could affect their approach to cases in 2024. Don’t miss… more
Depositions are essential to gaining a full understanding of a case, and the resulting transcripts are a key building block of any winning argument. But between managing several transcript and video files, adding notes and… more
Looking for compliance education and networking in your area? SCCE & HCCA’s Regional Compliance & Ethics Conferences bring compliance practitioners from all disciplines together for convenient, local compliance education. These… more
Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews best… more
Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity transactions will… more
California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A employees. Second… more
Join us for our newest webinar series, Energy Transition & Infrastructure Private Credit. Over the course of the series, hear from McDermott lawyers and industry-leading guest speakers as they discuss different topics shaping energy… more
A recent decision from Arkansas’ highest court reversed a circuit court decision and found that when auto dealerships allowed employees and their families to use vehicles, it subjected the dealerships to sales tax, despite the fact… more
Several significant judicial decisions and legislative updates occurred in 2023 that are relevant to commercial lenders, businesses and restructuring professionals. This bulletin summarizes the key developments of 2023 and highlights… 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
While today’s Standards Board meeting did not have the same drama of the last one, it was not without newsworthy topics. Indoor Heat - Eric Berg, Deputy Chief of Health at Cal/OSHA, provided an update on the status of the indoor… more
Imagine the IRS notifies Taxpayer that they have an outstanding tax liability with respect to Tax Year, and that the agency intends to levy on Taxpayer’s property to collect the allegedly unpaid tax. Taxpayer challenges the levy… more
In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for lawsuits stemming… more
Massachusetts AG Andrea Campbell issued an Advisory on the Application of the Commonwealth’s Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence… more
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the first quarter of 2024. We will continue to update these graphics on a quarterly basis… more
As my colleagues Brian Johnson and Ian Swan reported in March, dissenting and concurring opinions in Section 337 Investigations, either as footnotes or separate opinions, at the International Trade Commission (ITC) have become more… more
April 17, 2024- The U.S. Department of the Treasury released Treasury International Capital (TIC) data for February 2024. April 17, 2024- The Federal Reserve Bank of New York published a Liberty Street Economics blog post… more
Just a little harm will do. On Wednesday, the U.S. Supreme Court unanimously ruled that Title VII does not require a plaintiff to show that a discriminatory transfer to another position caused her to suffer “significant” or “material”… more
A group of 14 Democratic AGs submitted a letter to the EPA in support of its proposed rule listing nine per- and polyfluoroalkyl substances (PFAS) compounds as hazardous constituents under the Resource Conservation and Recovery Act… more
A significant procedure for patent owners, Supplemental Examination, was established in the 2012 America Invents Act when Congress determined there should be a proceeding to turn events that in the past could lead to unenforceability… more
Canada's federal government is turning to property technology (Proptech) to help solve the country's housing crisis. In the just-released 2024 Budget, new funding was announced to spur the development of new housing technologies and… more
The Federal Trade Commission (FTC) announced this week that it will finally hold its much-anticipated vote to finalize its controversial noncompete rule on Tuesday, April 23, 2024, at 2 p.m. The final regulation, which was first… more
An affiliate of Peak Rock Capital will acquire HuFriedyGroup, according to a news release. The transaction is valued at $787.5 million, according to industry reports… more
Although artificial intelligence (“AI”) improves how businesses interact with customers, process sales, manage inventory and more, it also heralds new and unique cybersecurity risks. These risks can lead to unprecedented legal… more
For most business owners, the business is the most valuable item on their balance sheet. From an estate planning perspective, the equity in the business is also often the best asset to use for lifetime transfers to pass value (and… more
On March 27, 2024, Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace (Act), was sanctioned by the Lieutenant-Governor of Quebec. The Act’s purpose is to provide greater protection to… more
TSCA/FIFRA/TRI - EPA Seeks Comment On Proposed Settlement Agreement To Conclude A TSCA Rulemaking Regulating Lead Wheel Weights, Publishes ANPRM Regarding Lead Wheel Weights: On March 13, 2024, the U.S. Environmental Protection… more
On April 5, 2024, a federal jury in San Francisco returned a verdict in favor of the Securities and Exchange Commission (SEC) in Securities and Exchange Commission v. Panuwat. The jury found that a corporate executive had engaged in… more
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News—all from the… more
In this edition of TechLaw10, Jonathan Armstrong talks to Attorney and Professor Eric Sinrod from his home in California. They look at the proposed new Data Protection Framework and its chances of success. Will the new scheme make… more
In another impactful decision, the Delaware Court of Chancery in Sjunde AP-Fonden v. Activision Blizzard Inc. again stressed the importance of the statutory text of the DGCL to dismiss claims by the plaintiffs alleging that the board… more
On April 3, 2024, the US Securities and Exchange Commission (“SEC”) brought its first enforcement action against a “stand-alone” SEC registered investment adviser (“RIA”) for violations of, among others, Section 204 of and Rule… more
CYBERSECURITY - New Threat: Scattered Spider International Coalition of Hackers - Cyber adversaries in China and Russia continue to be a formidable threat to U.S. based companies. In the past, scams might be detected because a… more
On Tuesday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a procedural rule streamlining the designation proceedings for nonbank supervision based on a particular entity posing “risks to consumers.” As discussed in… more
The Delaware Court of Chancery decided two cases recently that may have a significant impact on future corporate action, in each stressing the need for corporate actors to follow statutory requirements, even when in potential tension… more
In this episode of Payments Pros, Carlin and Keith welcome back Jordan Bennett, Nacha's senior director of network risk management, for a two-part series on the newly approved rules designed to combat credit push fraud. Credit push… more
On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII. In so ruling, the Court rejected a level of proof as to harm that many lower… more
Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage. That changed… more
On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements… more
The US Securities and Exchange Commission (“SEC”) recently settled charges against five registered investment advisers for violations of Rule 206(4)-1 (“Marketing Rule”) under the Investment Advisers Act of 1940, as amended (“Advisers… more
In this episode of “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey C. Tyler and Stephen Tanico discuss the evolution of New York City retail leasing with their guest Julia E. Sanabria, partner in the firm’s Real… more
On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free” Act (the “Act”), a statute which provides new protections and recourses for “freelance workers” (i.e., “independent contractors” or those… more
The Financial Crimes Enforcement Network (“FinCEN”) has issued a Notice on the Use of Counterfeit U.S. Passport Cards to Perpetrate Identity Theft and Fraud Schemes at Financial Institutions (“Notice”), asking financial institutions… more
Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance, election law… more
The U.S. government recently intervened in a False Claims Act qui tam case against Georgia Tech Research Corporation, Georgia Institute of Technology, and Georgia Tech Research Institute for violations of NIST 800-171 for failing to… more
Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida Supreme Court… more
Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a… more
The Justice Department has a long and rich history of targeting dominant companies using antitrust monopolization tools — looking back to the 1980s, it was AT&T; in the 1990s, it was Microsoft; and in 2023, DOJ has brought a… more
In the fast-paced world of legal practice, time is a luxury that attorneys and their support teams can scarcely afford. The emergence of unforeseen problems not only disrupts the workflow but also consumes the already limited time… more
Compliance Tip of the Day: Monitor Selection, Is it Still a Thing
Daily Compliance News: April 19, 2024 - The Thrown Under The Bus Edition
TechLaw10: Eric Sinrod & Jonathan Armstrong on Data Transfer & Data Protection Framework
Hsu Untied interview with Jason Rabbitt-Tomita, Partner at Baker Botts
Understanding the HHS OIG’s General Compliance Program Guidance
The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF
JONES DAY TALKS®: ESG Reporting Rules: The SEC, CSRD, and California– Who's on the Hook?