A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority… more

Traffic congestion, walkable communities and access to affordable housing are among the hottest issues people are paying attention to when deciding where to live and where not to live, and the way cities are tackling these issues are… more

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case.  In Smith v. Spizzirri, the Supreme Court resolved… more

On May 3, 2024, Brazil’s Federal Law No. 14,850/2024 (the “Regulation”) was passed by the President establishing the National Policy on Air Quality. The Regulation provides for the creation of a unified air quality monitoring system… more

Those of us on the West Coast of New York are enjoying summerlike conditions this week. We rarely get temperatures in the 80s consistently in May because the prevailing southwesterly winds blow across 250 miles of 50-degree Lake Erie… more

The Florida Board of Pharmacy permits pharmacies serving residents and patients at long-term care facilities (nursing homes, ALFs, homes for DD residents, etc.) as either Special Closed System Pharmacies or Community Pharmacies… more

On May 22, 2024, the Director of the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued further guidance regarding disclosure of cybersecurity incidents on Form 8-K. The statement… more

In In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024), the court addressed important issues such as modification of an ESI Order and sanctions in the context of “modern attachments” a/k/a “pointers,” “hyperlinked… more

I spent the last week in the UK, meeting with the Integreon’s strategic partners, and our London team. There, I also spent a lot of time listening to legal counsels across industries. Together with the latest announcements from ChatGpt… more

The rise of artificial intelligence in the patent space brings both promises and challenges. With its potential to enhance drafting and examination processes, AI offers the prospect of improving patent quality. Join Sakari Arvela as he… more

RegFi co-hosts Jerry Buckley and Caroline Stapleton welcome Eugene Ludwig to discuss the decline in economic opportunities for middle- and low-income Americans. Gene, former Comptroller of the Currency and founder of Promontory… more

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector… more

The U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance Director Erik Gerding released a statement on May 21, 2024, addressing Disclosure of Cybersecurity Incidents Determined to be Material and Other… more

In 2022, the United States Department of Justice (“DOJ”) announced its decision to shut down the “China Initiative”—the controversial program used to investigate and prosecute academics, health care workers, and businesspeople for… more

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare providers… more

On May 16, 2024, the Internal Revenue Service (IRS) issued further guidance (Notice 2024-41, the Additional Notice) intended to provide clarity and certainty surrounding the domestic content1 bonus credit by (among other changes)… more

After three years of legislative debate, the Council of the European Union cast its final vote on the European Union (EU) Artificial Intelligence (AI) Act on 21 May 2024. Once published in the EU Official Journal in June, the EU AI Act… more

On May 20, 2024, Lash Group filed a notice of data breach with the multiple state attorney general offices disclosing a data breach affecting information provided to the Lash Group by Genentech, Inc. In this notice, Lash Group explains… more

In Shirodkar v Coinbase Global, Inc. et al., 2024 ONSC 1399 (“Coinbase”), the Ontario Superior Court of Justice (the “Court”) stayed a proposed class action against one of the four proposed defendants – Coinbase Canada Inc. – on the… more

Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301 tariffs… more

New developments in international trade laws will have tangible and far-reaching impacts on transactions as well as day-to-day business operations.  President Biden’s signing of HR 815 means that once time-barred historic events are… more

On February 6, 2024, the French Competition Authority ("l'Autorité") fined chocolate producer De Neuville 4 million euros for vertical agreements. This decision is interesting in several respects..… more

On May 17, 2024, the Consumer Financial Protection Bureau (CFPB) announced its intention to extend the deadlines for compliance with Section 1071 of the Dodd-Frank Act (Section 1071) requiring data collection and reporting for small… more

Estate planning is about much more than reducing taxes; it’s about ensuring your loved ones are provided for after you’re gone and that your assets are passed on according to your wishes. However, few events can upend your estate plan… more

Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing it… more

The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision holding that the Fair Credit Reporting Act (FCRA) preempted the plaintiff’s state law defamation claim based on information furnished to a consumer… more

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions… more

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.” Colorado SB… more

The Environmental Protection Agency earlier this week issued an enforcement alert, explaining cybersecurity threats and vulnerabilities to community drinking water systems (CWSs) and actions needed by these systems in order to comply… more

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools… more

The Equal Employment Opportunity Commission (EEOC) issued new guidance (Guidance) on April 29, 2024 regarding workplace harassment and its violation of federal law, including Title VII of the Civil Rights Act of 1964, Age… more

On May 21, 2024, the last missing approval for the EU AI Act was given by the European Council. The text of the law is final and will be published in the coming days. Here we summarize key points as well as note potential impacts on… more

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year period… more

On May 20, 2024, Lash Group filed a notice of data breach with the various state Attorney General offices after discovering that personal information provided to the company by one of its clients, Bayer Corporation, was subject to… more

The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators and… more

On May 16, Justice Thomas issued the majority opinion in which the Supreme Court held, by a 7-2 vote, that the CFPB’s funding mechanism comported with the Appropriations Clause of the Constitution which states, in relevant part, in… more

The Inflation Reduction Act of 2022 (IRA) was signed into law by President Biden on August 16, 2022, and includes key sections addressing climate and clean energy, corporate taxes and health care. The health care provisions contain… more

Who is the Better Planner for Your Affairs: You or the State? Planning for the succession of a closely held business is a lot like making a will. An individual has the opportunity to make a will that directs how the individual's final… more

Artificial intelligence (AI) is transformative technology that has captured industries worldwide and is here to stay. Defined as a system designed to operate with a certain level of autonomy, AI uses machine learning and logic-based… more

Artificial Intelligence (AI) has been an integrated feature in videogames and other interactive entertainment for some time. For example, a range of AI, from rudimentary algorithms to sophisticated machine learning technology, can be… more

Issue: In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the issue was whether the taxpayer’s (“MBJ” or “MBJ’s”) customers funded MBJ’s research activities. The court found that its customers did so, with the consequence that MBJ… more

The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from reporting… more

According to a recent survey by Thomson Reuters, less than 10% of firms find their current CRM system valuable, and nearly 20% find it not effective at all. Too many firms have failed to accurately assess their needs before selecting… more

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so on making Ethics and… more

On May 17, 2024, Regeneron filed a second infringement litigation against Celltrion’s proposed EYLEA® (aflibercept) biosimilar CT-P42, Case No. 1:24-cv-00053 (N.D.W. Va.). The aBLA for CT-P42 was submitted to the FDA in June 2023… more

A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement follows a… more

While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the spot light… more

here’s no General Data Protection Regulation (GDPR) in the US. Absent a comprehensive, national privacy law, states have stepped in to fill the gap. As Adam Greene, Partner at Davis Wright Tremaine, explains in this podcast, that’s… more

Québec continues to grapple with a metaphorical “perfect storm” in its infrastructure and project world. Several factors converge at the same time, such as..… more

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR) - In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council… more

The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission… 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

The Commonwealth of Kentucky held its 2024 Primary Election on Tuesday, May 21. While there were no surprises in the Presidential Primaries, the night did feature several races for open seats caused by retirements or incumbents facing… more

South Carolina has become the fifth state (and the third in 2024) to enact a law that establishes a financial services oversight regime for earned wage access services, also known as on-demand pay services, which allow workers to… more

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the… more

A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to support your… more

Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed out of the… more

The Dutch Data Protection Authority—the Autoriteit Persoonsgegevens (AP)—recently announced that it will in many cases regard scraping of personal data by private sector organizations as an infringement of the EU General Data… more