Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice… more

On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S. companies that… more

On April 25, 2024, the Department of the Treasury and the Internal Revenue Service issued final regulations (T.D. 9993) (the “Final Transfer Regulations”) regarding the transfer election for certain tax credits by eligible taxpayers… more

La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las… more

Successful negotiations require understanding your goals and considering the goals of the other party. Thorough preparation involves reviewing the legal frameworks, identifying potential obstacles and opportunities, understanding… more

Governor Hochul has nominated Walter Mosley to serve as New York’s Secretary of State. The previous secretary of state, Robert Rodriguez, has taken another statewide role as the head of the Dormitory Authority of New York. Mosley… more

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information systems… more

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of promoting… more

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month… more

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a creature… more

After several years of refusing to adopt special rules applicable in mass arbitration proceedings, JAMS announced that it has issued Mass Arbitration Procedures and Guidelines and a Mass Arbitration Procedures Fee Schedule effective… more

On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to the… more

The U.S. Department of the Treasury and IRS released final regulations on May 3, 2024, on Clean Vehicle Credits under Sections 25E and 30D of the Internal Revenue Code. Among other areas, the regulations provide final guidance on the… more

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies… more

Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company.  The company had no other employees in the new state and the client… more

Is there a hotter topic in the business world than AI? AI offers major opportunities for progress and productivity gains, but substantial risks as well. According to FactSet, 179 companies in the S&P 500 used the term “AI” during… more

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in large part… more

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim Chalmers says… more

The Equal Employment Opportunity Commission’s long-awaited new Workplace Harassment Guidance was issued on April 29, 2024. The last one was issued in 1999!… more

The US Food and Drug Administration (FDA) on April 29, 2024 announced its Final Rule on laboratory-developed tests (LDTs). This marks the beginning of the end of FDA’s broad and long-established enforcement discretion policy for LDTs… more

The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to the School… more

On Friday, May 3, 2024, Massachusetts’s Public Health Council (PHC) approved emergency amendments to 105 CMR 130.000 requiring hospitals to report occupancy data to the Department of Public Health. This requirement extends data… more

Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue, however, it can… more

Proposed federal legislation would move the time of taxation for rewards received from staking cryptocurrency and other digital assets to the time of sale. IRS guidance currently provides that staking rewards are taxed at the time the… more

The United States electric grid is becoming increasingly stressed as the nation navigates the energy transition and demand for electricity rises. On May 1, 2024, recognizing the stress on the grid and the need for additional… more

The Department of Labor (“DOL”) issued a final rule on April 23, 2024,* raising the salary threshold for the so-called “White-Collar” and “HCE” Exemptions to the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement (the “Final… more

In the fight for public contracts, many bidders who feel they have been mistreated or were affected by erroneous reviews and evaluations of their bids or another bid often hesitate to file a challenge. They may feel that they simply… more

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (the EEOC) published its final Pregnant Workers Fairness Act (PWFA) regulation requiring covered employers to provide qualifying employees and applicants… more

Businesses working with U.S. export-controlled technology are subject to U.S. export control laws which impose restrictions on the release of such technology to certain foreign persons—even within U.S. borders. A company that… more

Trademarks serve as the cornerstone of brand identity, distinguishing the goods and services of one enterprise from those of another. Trademarks are not just legal tools: they are critical assets. They encapsulate the quality… more

On May 1, 2024, the Delaware Supreme Court, sitting en banc, reversed the dismissal of breach of fiduciary claims against Inovalon Holdings, Inc. (the “Company”) and its CEO and directors in connection with the Company’s acquisition by… more

A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade secret misappropriation “is discovered or by the exercise of reasonable diligence should have been… more

On April 30, 2024, the Department of Justice submitted a formal proposal to the White House to loosen the restrictions placed on marijuana and formally recognize its medical use. Specifically, the proposal would reclassify marijuana… more

The United States is on the verge of one of the biggest, if not the biggest, transformations to marijuana policy in the last 50 years. According to an Associated Press report, the Drug Enforcement Administration (DEA) is expected to… more

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better question… more

One does not expect to see an article about individual mental illness and efforts to manage it on the front page of the Wall Street Journal. But these are extraordinary times in the sense that we are seeing lots of families struggling… more

Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon follow on… more

SEC brings enforcement actions for AI washing - In March 2024, the Securities and Exchange Commission (SEC) settled enforcement actions for a total of $400,000 in penalties against two investment advisers for making false and… more

Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little concrete… more

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”… more

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County. Specifically, on… more

The U.S. Department of Agriculture (USDA) announced on April 23, 2024, that it is funding more than 700 clean energy projects to lower energy bills, expand access to domestic biofuels, and create jobs and new market opportunities for… more

Latticework Capital Management (LCM) has announced the closing of its latest fund with $345 million in commitments… more

Last year, California enacted a law which will generally require companies to include all mandatory fees when they advertise prices. Starting on July 1, 2024, the following practices will be unlawful..… more

Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of… more

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible — and possibly criminal — things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information… more

Earlier this year, the National Institute of Standards and Technology (NIST) issued an update to its Cybersecurity Framework (CSF) with the release of version 2.0, the first update since April 2018 (version 1.1). While the core… more

As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells were Made in… more

On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or retaliation claim… more

The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant concern to… more

The previous posts in this series addressed the need for the CCF to schedule sessions proportionally to the number of requests for relief it receives each year. RNLJ advocates that it is not feasible to continue scheduling 3-4 sessions… more

The US Department of Commerce’s Bureau of Industry and Security (BIS) added a new License Exception for Medical Devices (License Exception MED), effective April 29, 2024, authorizing exports, reexports and transfers of certain medical… more

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs as… more

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most… more

On March 6, 2024, New Hampshire joined the steadily expanding number of states adopting a comprehensive data privacy law, when Governor Chris Sununu signed SB 225 (the "New Hampshire Privacy Act"). The law will take effect January 1… more

On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and members of the… more

On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline "Fairness for… more

Our Securities Litigation Group reviews a recent ruling from the Seventh Circuit that could make it more difficult for shareholders to bring M&A disclosure claims… more