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

On April 15, 2024 the Criminal Division of the US Department of Justice (“DOJ”) launched a pilot program to encourage voluntary self-disclosures by offering mandatory non-prosecution agreements (“NPAs”) to individuals who report on… more

Earlier this week, Florida Gov. Ron DeSantis signed new legislation that will place new warranty requirements on Florida builders. Before reaching the Governor’s desk, the legislation received bipartisan support in both the House and… more

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and Recommendations… more

Dodge, duck, dip, dive, and… dodge.  An interesting case from the United States Supreme Court yesterday.  Interesting because of what it says, and interesting because of what it very explicitly declined to say… more

Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision holding… more

Last week, the United States Supreme Court issued its opinion in Sheetz v. County of El Dorado, California, in which the Court held that for the purpose of a takings claim there is no distinction in whether permit conditions are… more

El Decreto 390 de 2024, expedido por el Ministerio de Comercio, Industria y Turismo de Colombia, establece el procedimiento para que la Superintendencia de Sociedades conceda beneficios por colaboración conforme a la Ley 1778 de 2016… more

In its landmark ruling on May 14, 2019, the European Court of Justice held that the European Working Time Directive (Directive 2003/88) and the Charter of Fundamental Rights of the European Union (Article 31) is opposed to any Member… more

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the petitioner… more

In recent years, the LGBTQ community has made significant strides towards equality and acceptance. However, despite these advancements, discrimination remains a harsh reality for many individuals, particularly in the realm of housing… more

Tennessee recently became the first state in the Union to pass a law protecting creative artists in the music industry from having their works, voices or likenesses duplicated by AI without authorization. On the surface, the bill… more

The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of multiple… more

El CDI con Reino Unido no activó cláusula de nación más favorecida de los CDI con España, Suiza y Chile para servicios técnicos, de asistencia técnica y consultoría En Sentencia con Radicado 25411 del 4 de abril de 2024, la Sección… more

In our previous alert “Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact,” we discussed the impact of the European Union (EU) Markets in Crypto-Assets Regulation (MiCA) on the acquisition or investment in EU… more

The OSHA regulations governing General Industry and Construction workplaces include hundreds of employee safety training requirements. Sophisticated safety managers know that many OSHA standards provide specific documentation… more

A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern multinational… more

FTC Final Rules Banning Non-Competes Vote Next Tuesday - As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements, confidentiality… more

En un paso significativo hacia la integración de la sostenibilidad en el sector financiero, la Superintendencia Financiera de Colombia (SFC) expidió la Circular Externa No. 05 de 2024, por medio de la cual imparte instrucciones… more

Colorado Governor Jared Polis signed H.B. 24-01058 into law on Wednesday, April 17, 2024. The law amends the definition of personal information protected by the state’s privacy law to include protections for data generated by activity… more

In finance, navigating the terrain of distressed debt requires a keen understanding of its opportunities and risks. For financial institutions, investors, and legal advisors alike, delving into distressed debt can be both lucrative and… more

In Mancuso v. MDG USA Inc., the Third Circuit Court of Appeals considered defendant MDG’s appeal of an order denying its motion to compel arbitration of the plaintiff’s lawsuit alleging violations of state and federal fair credit laws… more

During the recent LMA, or Legal Marketing Association, annual conference in San Diego, one of the highlights was a panel discussion led by the incomparable Deborah Brightman Farone. Deborah moderated a stellar panel of “four of the… more

A unanimous Supreme Court has eased the route for a plaintiff to prove a violation of Title VII of the Civil Rights Act of 1964 in Muldrow v. City of St. Louis… more

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action filings and… more

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which will… more

"Informed consent" has been described as "a bedrock principle of healthcare in a free society," and if a "patient is denied the ability to exercise or even consider informed consent, the patient's personal liberty suffers."1 The… more

How should ESI Protocols evolve to address Generative AI (GenAI)? Are we entering a brave new world where lawyers will negotiate complex LLM (Large Language Models) ‘hyperparameters’ like “Top P” in order to ensure they’re using the… more

Two recent developments may affect private funds, including syndicated real estate offerings.  First, at the end of last summer the SEC adopted the Private Fund Adviser rules, regulations that cover certain aspects of management over… more

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc… more

DoorDash, Inc. recently settled with the California Attorney General for alleged violations of the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA). This is only the second public… more

On March 28, 2024, the Canadian Securities Administrators (“CSA”) published two reports (the “Reports”) relating to their oversight of the Canadian Investment Regulatory Organization (“CIRO”) and the Canadian Investor Protection Fund… more

The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental Protection… more

This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations to… more

It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions involving… more

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a final rule providing guidance on the Pregnancy Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19 and becomes… more

Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between… more

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices… more

An interview with Jason Rabbitt-Tomita, Partner at Baker Botts by Richard Hsu… more

During the first quarter of 2024, there were significant developments in the U.S. sanctions framework. This report summarizes the key developments and provides links to the relevant sources… more

The decision, which addresses a broad range of market activity by Coinbase relating to 13 third-party tokens, could have significant implications for market participants. On March 27, 2024, Judge Katherine Failla of the US… more

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in this… more

In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary supplement… more

One of the best examples I have recently seen on the power of data driven compliance is playing out in real time in the NBA. It is the Jontay Porter betting scandal. This event had driven home why transparency, coupled with robust data… more

Landlords owning Chicago properties in most circumstances are now required to provide tenants with the new summary of the Residential Landlord Tenant Ordinance (“RLTO”) posted by the city in March. The summary can be reached at this… more

In this episode, we explore the ever-evolving realm of AI regulation and how it's reshaping technology transactions and internal governance worldwide. Join host Julian Dibbell and guests Ana Bruder, Arsen Kourinian, and Oliver Yaros as… more