The Australian Federal Parliament recently introduced new requirements for public companies to disclose information about their subsidiaries in their annual report by legislating the Treasury Laws Amendment (Making Multinationals Pay… more
Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or injunctive… more
On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time – Amazon’s… more
Over the last several years, we have seen an increase in focus on the rights of pregnant and parenting people on campus in higher education—from a string of recent Office for Civil Rights (OCR) resolutions, to new federal employment… more
In an unpublished decision, the U.S. Court of Appeals for the Ninth Circuit recently affirmed the decision of a California district court finding that the furnisher conducted a reasonable investigation under the Fair Credit Reporting… more
Join Stark & Stark’s Diversity, Equity & Inclusion Committee on May 21 for a special AAPI Month event featuring the Honorable Judge Honorable Judge Rukhsanah L. Singh, the first female of South Asian descent to serve as a federal judge… more
Marking the first effort to establish an artificial intelligence (“AI”) governance structure for the federal government, the AI Memorandum contains requirements and recommendations for federal agencies’ AI use that private-sector… more
A seller of goods may gain priority over other creditors, and enhanced prospects for payment, by taking and perfecting a purchase money security interest (PMSI) in the goods sold to a customer. This article will explain what a PMSI is… more
On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility… more
André Maruch is a lawyer on the Corporate Law, Mergers and Acquisitions team at KLA Advogados, the ILN's Brazilian member firm. In this episode, he and Lindsay chat about the current market trends in Brazil and the impact of the US and… more
Way back in 2017, one of our earliest posts discussed the legal and financial risks to both the issuer and the finder if an issuer pays a finder’s fee in connection with a sale of securities in the United States, and the person… more
On April 29, 2024, Accord BioPharma, Inc. announced that the U.S. Food and Drug Administration (FDA) approved HERCESSI (trastuzumab-strf). HERCESSI is a biosimilar to HERCEPTIN (trastuzumab) and is indicated for adjuvant treatment of… more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces previous guidance… more
Recent studies have shown that firefighters who worked with aqueous film-forming foam, or AFFF, face an increased risk of developing kidney cancer, testicular cancer, pancreatic cancer, or other types of cancer due to the toxic… more
As we previously reported, the California Legislature amended several statutes regulating employer workplace safety policies, including existing injury and illness prevention plans, to also include a new, separate requirement for a… more
Employers may need to raise exempt employee salaries or reclassify them as non-exempt if the new salary thresholds go into effect. On April 23, 2024, the Department of Labor (DOL) issued a new rule (the DOL Rule) that will… more
On April 17th, the SEC issued a Risk Alert titled “Initial Observations Regarding Advisers Act Marketing Rule Compliance.” Perusing the list of failures, a sense of familiarity arose, given that one of our clients had been involved in… more
The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with full… more
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies stated… more
When an owner requires a contractor to post a payment and performance bond, the contractor, invariably, provides a bond in the form of AIA Document A312-2010. The payment portion of the bond is primarily for the benefit of the… more
Regulatory scrutiny has intensified across industries following updates from the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) regarding the preservation of data from collaboration tools and… more
Now it’s adopted: the EU Directive on a right to repair. This is a game changer. It affects manufacturers and sellers alike, and provides new opportunities for repair service providers. Supply chains become repair chains: first… more
On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute… more
President Biden recently signed into law the Protecting Americans’ Data from Foreign Adversaries Act as a part of H.R. 815, an emergency appropriations bill that primarily provides assistance to Israel, Ukraine and Taiwan. The act will… more
Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level marketing (MLM)… more
Extension de procédure collective en raison d'un compte courant d'associé débiteur Cass. Com., 13 septembre 2023, n°21- 21.693 Par un arrêt en date du 13 septembre 2023, la chambre commerciale de la Cour de cassation a rendu une… more
Georgia and Kentucky Allow Donor Standing for Endowment Violations - On April 9, 2024, Kentucky’s governor signed Senate Bill 70, which will take effect on July 15, 2024, and will amend Kentucky’s version of the Uniform Prudent… more
Public officials and employees who frequently use personal social media accounts to discuss public issues should proceed with caution as the Pennsylvania Commonwealth Court held in Penncrest School v. Cagle that such posts may be… more
Introduction - On April 30, 2024, the federal government tabled a Notice of Ways and Means Motion to introduce the Budget Implementation Act, 2024, No. 1 (Bill) to codify many of the provisions of the 2024 budget (Budget 2024) (see… more
The Chemical Catalysis for Bioenergy Consortium (ChemCatBio), a U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) consortium, wants to hear questions, comments, or concerns to help find ways to increase the benefits… more
Nonprofit entities play an ever-growing role in our society, including assisting people in need to building communities, from protecting animals to aiding our environment, and attending to the physical, mental, and spiritual needs of… more
Cybersecurity success depends on more than just technology. As we’ve seen in part one and part two of this series on cybersecurity risk, the costs of a cyber attack are high – and bad actors always look for the easiest entry point… more
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913)… more
Government contractors are no stranger to disclosure obligations. Since it went into effect in December 2008, the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule has been the stick the Government has used to ensure… more
Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide certain… more
Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a… more
The U.S. National Institute of Standards and Technology (NIST) is seeking comment on four draft publications meant to promote safe, secure, and trustworthy artificial intelligence (AI) systems. Two drafts provide guidance to help… more
The European Commission and European consumer authorities announced that on April 30, 2024, they sent letters to 20 airlines alleging potentially misleading green claims and asking them to conform to EU consumer law within 30 days. At… more
In the years following the Covid-19 Pandemic, the affordability and availability of homes has become a glaring issue in Pennsylvania and beyond, primarily due to rising interest rates, inflation, labor shortages, and an overall… more
Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings..… more
That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of… more
April saw further regulatory and policy developments across AI and digital assets. The continuously high level of activity across so many legislators is fully in line with the findings of the newly published AI Index Report 2024 – the… more
One of the catchiest songs written by the 1970s British glam rock band, Sweet, is “Love Is Like Oxygen,” released in 1978. The chorus includes the lyrics, “Love is like oxygen; you get too much, you get too high.” Apparently, the Food… more
On April 24, 2024 the Pennsylvania Emergency Management Agency (PEMA) announced it is accepting applications from eligible non-profits for funding to enhance physical and cybersecurity at organizations that may be at risk for terrorist… more
On April 15, 2024, Fresenius Kabi announced the U.S. launch of Tyenne® (tocilizumab-aazg), the first Actemra® (tocilizumab) biosimilar to launch in the U.S., after receiving FDA approval in March 2024 (see Fresenius Kabi’s Actemra®… more
Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition, the main… more
On April 19, 2024, EmployNews covered the EEOC's Final Regulations Implementing the Pregnant Workers Fairness Act (PWFA), which provided clarity to employers and workers about who is protected under the landmark statute, the types of… more
The interview below is part of a series from McGuireWoods that features interviews with impressive independent sponsors as part of our ongoing commitment to the independent sponsor community. To recommend an independent sponsor for a… more
One of the many elements of business ownership and management is attracting and retaining productive employees. Offering the right mix of employee benefits tailored to your employee population can play an important role in that… more
In March the Consumer Financial Protection Bureau (CFPB) announced a final rule intended to limit late payment fees on consumer credit cards distributed by the larger credit card issuers (the “Final Rule”). The Final Rule, which takes… more
Since President Biden issued his sweeping Executive Order on the Safe, Secure and Trustworthy Development of AI on October 30 of last year (EO), federal agencies have been operating in high gear to meet the deadlines and expectations… more
I previously posted about the process for requesting the subordination of an IRS lien – that post can be found here. However, as noted in that post, subordination is primarily useful in cases where a taxpayer intends to keep property… more
Like Texas’s data protection law, Nebraska’s does not contain a minimum revenue threshold or a minimum number of consumers whose personal data needs to be processed prior to the law applying… more
In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the U.S… more
What attracts many lawyers to appellate practice—besides an unusual appetite for legal writing and a general distaste for contentious discovery—is the confidence that fire drills and surprises rarely occur. Appellate briefing deadlines… more
The SAFE (Simple Agreement for Future Equity) investment structure was a great innovation in financing structures by the Silicon Valley-based Y Combinator team. It has simplified and lowered the cost of first-stage financings for many… more
The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees from… more
On April 24, 2024, the CFPB released its Supervisory Highlights, Mortgage Servicing Edition, (Issue 33, Spring 2024) which provides insight on the CFPB’s current focus in examining mortgage loan servicers. According to the CFPB it… more
