On April 12, 2024, the Securities and Exchange Commission announced settled charges against five registered investment advisers for violations of the Marketing Rule. The firms have agreed to settle and pay a combined $200,000 in… more

In 2014, the Delaware Supreme Court held in Kahn v. M&F Worldwide Corp. (“MFW”) that a court will apply the entire fairness standard of review to freeze-out merger transactions between a controlled corporation and its controlling… more

Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The fraudster then… more

On April 2 and 3, the U.S. Securities and Exchange Commission (SEC or Commission) presented its annual SEC Speaks program in conjunction with PLI, where senior members of the Commission provided updates on the current initiatives and… more

Companies worldwide are witnessing a significant surge in law enforcement requests (LER), a trend that presents both a challenge and an opportunity for operational enhancement. For example, a comparison of Meta’s transparency reports… more

美国与中国共产党战略竞争特别委员会(下称「委员会」)于美国第 118 届国会成立，并由国会议员迈克·加拉格尔 (Mike Gallagher) 担任第一届主席。 委员会的组成获得两党普遍支持(于该次国会中以365 票对65 票决议通过设立)，其成立被视为美国立法者重新取得控制对中国政策方向的主导权，并成为国会山庄两党立场 不同的例外。… more

Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance with… more

A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro Co. v… more

Florida passed S.B. 7016, which: Expands the telehealth minority maternity care program from a pilot to a statewide program… more

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (KCDPA) into law, making Kentucky the sixteenth state to enact comprehensive data privacy legislation and the third state to do so in 2024. The… more

On April 10, 2024, U.S. EPA issued the first-ever, national drinking water standard for a group of chemicals commonly referred to as “PFAS” or “forever chemicals”. PFAS generally refers to a family of chemicals known as “per- and… more

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19, 2024, and… more

On April 3, 2024, the Bank of England and U.K. Financial Conduct Authority published a joint consultation paper on proposed rules for the incoming digital securities sandbox. The Financial Services and Markets Act 2023 (discussed in… more

On April 10, 2024, the Court granted Plaintiffs Genentech, Hoffmann-La Roche, and Biogen and Defendants Dr. Reddy’s and Fresenius Kabi’s joint stipulation of dismissal due to settlement in Case No. 1:23-cv-22485 (D.N.J.) related to Dr… more

The CFPB has released the Spring 2024 edition of Supervisory Highlights.  The report discusses CFPB examinations in connection with credit reporting and furnishing that were completed from April 1, 2023 through December 31, 2023… more

On April 12, 2024, the United States Supreme Court unanimously reversed a decision of the United States Court of Appeals for the Second Circuit which held that Section 10(b) of the Securities Exchange Act of 1934 permitted a private… more

Drew Nicholas, Microsoft Principal Security Global Black Belt, joins Erica Toelle and guest host Daniela Villarreal, Sr. Product Marketing Manager for Microsoft Defender for Cloud, on this week’s episode of Uncovering Hidden Risks… more

According to Law360, the Senate Budget Committee recently held a hearing regarding offshore tax evasion where senators made clear that, in their view, the IRS is not making enough criminal referrals to the Department of Justice. While… more

State income taxes play a prominent role in overall tax planning for individuals. A change of residence/domicile from a higher-tax state to a lower- (or no-) tax state is often considered when contemplating retirement or the receipt of… more

Serent Capital has made a growth investment in Traumasoft, according to a news release. Traumasoft, founded in 2006 and based in Portage, Michigan, is a provider of cloud-based software for private emergency medical services (EMS)… more

As you probably remember, the SEC’s climate disclosure rules were challenged not only by those contending that the rules went too far and that the SEC had no authority—think, for example, Liberty Energy, the State of Iowa and the… more

The EU AI Act grants the European Commission new investigative and enforcement powers over providers of some AI technologies, including general-purpose AI models such as generative AI products. The Commission has previously exercised… more

After several years of negotiations between the European Commission, European Council, and European Parliament following the publication of the initial draft proposal in November 2021, AIFMD II was published in the Official Journal of… more

On April 11, 2024, the Department of City Planning (DCP) released the proposed City of Yes for Housing Opportunity zoning text changes. The proposed text was released in advance of the formal public review process (ULURP), which is… more

On November 3, 2023 the Department of Labor (DOL) published its new proposed regulatory package redefining fiduciary investment advice and materially amending prohibited transaction exemptions for compensation resulting from investment… more

On April 4, 2024, multiple federal agencies charged with enforcing various laws signed a joint statement asserting that..… more

What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in wiretapping suits… more

Achieve your ESG goals in 2024 - Environment, Social, and Governance (ESG) is a top priority for organizations of all types and sizes, and it the compliance team is a key factor in the ESG equation. Much like regulatory risks… more

In the context of the energy transition, the Quebec government has announced a draft regulation to reserve a 300-megawatt (MW) block of electricity from solar photovoltaic sources. The Quebec government considers solar energy a vital… more

This program is part two of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare and… more

The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop immediately… more

Fine Tuning Revlon Blockers to Protect Borrowers, Lenders and Administrative Agents Against Liability for Payments Made in Error - A live 90-minute premium CLE video webinar with interactive Q&A - This CLE webinar will explore… more

Experience an inspiring lineup of local leaders at the May Bridge Series, presented by Bricker Graydon and HORAN Wealth. Whether you join us on Zoom or in person, you'll have the opportunity to hear from some of Cincinnati's most… more

I hate to get political, but when people complain about something “woke,” they really should Google or use Wikipedia to find out what that means… more

In connection with the petition to ban pre-dispute consumer arbitration agreements pending before the Consumer Financial Protection Bureau (CFPB) and a recent Senate Judiciary Committee hearing on “forced arbitration,” Congressman Andy… more

On March 27, 2024, the staff of the SEC’s Division of Examinations issued a risk alert highlighting its intent to focus, during examinations and outreach on market participants’ preparations for the shortening of the standard… more

Earlier this year, the US Food and Drug Administration (FDA) published new draft guidance substantially revising the agency’s previous guidance on the Establishment and Operation of Clinical Trial Data Monitoring Committees (DMCs)… more

This Week in Washington: Senate HELP Committee Chairman requests comments on Long COVID draft proposal; CMS announces proposed Transforming Episode Accountability Model; CMS releases FY2025 Inpatient and Long-Term Care Hospital… more

The California Invasion of Privacy Act (CIPA) was originally passed in 1967 to curb unlawful telephone wiretapping. Now, in the age of website tracking technologies, this outdated law is being wielded by plaintiffs’ attorneys in a new… more

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues critical… more

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig… more

In this episode of On Record PR, Jennifer Simpson Carr goes on record with Meghan Warren, Director and Principal of Burke Lawyers, to discuss the importance of sharing knowledge to help businesses prepare for any legal issues on the… more

On April 4, acting Comptroller of the Currency Michael J. Hsu provided his remarks for the second year in a row at the Just Economy Conference hosted by the National Community Reinvestment Coalition. He focused his remarks on the… more

On March 18, 2024, the SEC announced that it had settled charges against two investment advisers for allegedly making false and misleading statements about their use of artificial intelligence (AI) in providing advisory services… more

Disputes determined by German courts do not involve pre-trial discovery or depositions. In fact, depositions are entirely foreign to the German legal system, and German law excludes taking evidence without the presence of a judge. So… more

On April 12, a unanimous Supreme Court held that issuers are not liable under Rule 10b-5(b) for “pure omissions.” The Court’s decision ends a long-standing circuit split and, most importantly for public companies, narrows the grounds… more

The U.S. Office of Management and Budget (OMB) recently published a final memorandum (AI Memo) adopting requirements on federal agencies’ oversight, procurement, and use of artificial intelligence. The AI Memo requires agencies to… more

The fragmented insurance distribution market in Canada continues to see significant levels of mergers and acquisitions (M&A) activity as established consolidators roll up smaller brokerages and managing general agents (MGAs), new… more

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden leave… more

On April 10, 2024, the Bureau of Land Management (BLM) issued a long-awaited final rule updating its venting and flaring requirements on federal and Indian leases, imposing new requirements to establish plans for gas takeaway prior to… more

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of trade… more

Caroline Manzo, a former real cast member of The Real Housewives of New Jersey, has sued Bravo, Forest Productions Inc., Warner Brothers Entertainment, NBC Universal Media, Shed Media US, and Peacock TV. As Ms. Manzo alleges, she was… more

In the latest victory for taxpayers, the Tax Court determined that the Treasury failed to follow federal law in enacting a conservation easement perpetuity rule known as the “proceeds regulation.” The majority opinion held that… more

New Jersey is ushering in a new era of state affordable housing guidelines. The New Jersey Assembly and Senate recently passed affordable housing legislation and Gov. Phil Murphy has signed it into law. For New Jersey municipalities… more

Employers that foster a culture of belonging for all employees will have an advantage as Gen Z is projected to make up 27% of the workforce by 2025 and their expectations will change the workplace as we know it. Born between the late… more

On April 5, 2024, a jury in the Northern District of California found that Matthew Panuwat had misappropriated his employer’s confidential information and committed insider trading. The closely followed case represented the SEC’s first… more

On March 26, 2024, the Ontario government published their 2024 Budget, in which it was announced that draft regulations to Ontario’s Pension Benefits Act (PBA) would be introduced for review in the summer of 2024, with the intention of… more

Last Thursday, the NYC Council convened a Stated meeting, where they passed and introduced multiple pieces of legislation. The Council passed legislation prohibiting provisions in employment agreements that shorten the period of time… more