We are providing an update to our April 10 article regarding plans to increase the salary threshold for overtime-exempt employees, because on April 23 the Department of Labor released its final rule, Defining and Delimiting the… more

The Director of the U.S. Patent and Trademark Office vacated and remanded a decision from the Patent Trial and Appeal Board discretionarily denying institution of an inter partes review petition. The Director concluded that… more

The Department of Health and Human Services recently issued a health sector alert through the Health Sector Cybersecurity Coordination Center (HC3)… more

This week, the federal government took aim at restrictive employment agreements it deemed unfair and unlawful when the Federal Trade Commission issued its final rule banning noncompetes nationwide. Meanwhile in Oklahoma, the state… more

On April 22, 2024, the ‘DECREE amending the Tariff of the Law on General Import and Export Taxes’ was published in the Official Gazette of the Federation.1 This decree will be valid for two years starting from its effective date on… more

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII) needs to… more

Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well.  Like the recent… more

On April 24, 2024, a coalition of domestic solar module manufacturers filed a petition for the imposition of antidumping and countervailing duties (AD/CVD Petition) with the U.S. Department of Commerce (DoC) and the International Trade… more

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity.  Read… more

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some other… more

The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text, Inc.… more

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include… more

查看中文 In its conclusions to a market consultation process held in late 2023, the Stock Exchange of Hong Kong Limited (HKEx) has announced it will permit listed companies to hold their own shares as treasury shares and… more

As expected, the Colorado Attorney General and Colorado Uniform Consumer Credit Code Administrator filed their responsive brief in opposition to the plaintiffs’ motion for preliminary injunction filed earlier this month in federal… more

In North Carolina, a creditor who obtains a judgment against an individual with an ownership interest in a limited liability company or limited liability partnership may enforce its unsatisfied judgment by petitioning the court for a… more

In our previous alert The FCA’s Sustainability Disclosure Requirements and Labelling Regime (SDR): A Flexible Regime for UK Private Fund Managers, we examined the final framework under policy statement PS23/16, on Sustainability… more

On April 23, 2024, the Federal Trade Commission voted 3-2 to publish a proposed final rule that would ban nearly all worker non-competes. If the proposed final rule goes into effect, it will present a major legal change affecting… more

This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only to K–12… more

In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA could "be… more

In this series of articles, we explore the different certification requirements of CMMC Levels 1, 2 and 3; the impact on contractors and external service providers; and proposed next steps... On December 26, 2023, the US Department… more

What are the tax accounting rules for hedges? Whether or not a qualified tax hedge is properly identified, it must be tax accounted for under a method that clearly reflects income. The timing of gains and losses on hedges must match… more

On April 17, 2024, the United States Supreme Court issued its unanimous decision in Muldrow v. St. Louis, 601 U.S. _____ (2024), which addressed the appropriate standard for evaluating whether a job transfer – even where the employee’s… more

The Petition - On April 24, 2024, the American Alliance for Solar Manufacturing Trade Committee ("Petitioners") filed antidumping duty ("ADD") and countervailing duty ("CVD") petitions on imports of crystalline silicon photovoltaic… more

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are less… more

Effective October 20, 2024, New York hospitals must have in place State-mandated changes to their financial assistance (“FA”) programs (including FA eligibility criteria and debt collection practices) and their practices related to… more

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees in… more

During this election year, McDermottPlus is actively monitoring annual regulations that federal agencies are expected to release, as well as “ad hoc” regulations that will be released at the discretion of federal agencies. This… more

On 17 April, 2024, Nebraska Governor Jim Pillen signed into law omnibus Legislative Bill 1074, which includes the Nebraska Data Privacy Act, making Nebraska the seventeenth state to adopt comprehensive data privacy legislation. This… more

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as… more

Employee turnover is one of the costliest problems facing businesses today – but there are ways to leverage artificial intelligence to boost workplace retention. AI – especially Generative AI – offers promising solutions that go beyond… more

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (the “Rule”) banning most non-competes for workers. The Rule becomes effective 120 days after publication in the Federal Register. Business groups have already… more

State attorneys general, the IRS, and other regulators are focused on “interested party” (conflict-of-interest) transactions in the healthcare and nonprofit sectors. While these transactions are generally permissible and may often be… more

On April 18, 2024, Blackstone Valley Community Health Care (“BVCHC”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that certain information on the company’s computer system was accessible by… more

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (the “Rule”) that would ban almost all non-competition agreements in the United States.  The Rule comes a little over a year since the FTC proposed its initial… more

The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What should… more

In the fast-paced world of middle market investment banking, efficiency is currency. Large investment banks representing sellers often enter into thousands of non-disclosure agreements (NDAs) every year. These agreements are critical… more

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s podcast “Clocking in with PilieroMazza: Labor and Employment News for Government… more

A new Takeover Panel consultation proposes to narrow the scope of the companies subject to the Takeover Code (the “Code”)… more

On December 13, 2023, LivaNova PLC filed a notice with the Securities and Exchange Commission disclosing a cybersecurity incident that LivaNova believed may have affected confidential information in its possession. Then, on April 25… more

In Argentina, data protection is governed by comprehensive legislation aimed at safeguarding individuals' personal data. Below you will find an outline of the key aspects including governing legislation, exploring their scope of… more

SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an employer… more

New cybersecurity guidance for artificial intelligence (AI) systems, available here, was recently issued jointly by the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the FBI, the National Security Agency’s Artificial… more

Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard if there is a custody agreement, even if the agreement… more

The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February… more

The United States Government Accountability Office (GAO) recently published a report that highlights the federal government’s increased interest in monitoring domestic violent extremist content on gaming and social media platforms. The… more

On April 25, 2024, Berry, Dunn, McNeil & Parker, LLC (“BerryDunn”) filed a notice with the Attorney General of Maine after discovering that a managed service provider of BerryDunn’s Health Analytics Practice Group (“HAPG”) experienced… more

On April 12, 2024, Kaiser Foundation Health Plan, Inc. (“Kaiser”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that patients’ personal information may… more

The EU’s 12th and 13th “packages” of sanctions on Russia cancel a significant exemption, ban the provision of certain software systems, and impose multiple other measures. This Client Alert is published in the context of ongoing… more

This issue was first discussed in our January 9, 2023 Client Alert when the Federal Trade Commission (FTC) issued its Proposed Rule Banning Noncompetes. The FTC has now issued its Final Rule on April 23, 2024. As predicted, the FTC’s… more

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence… more

New York will be the first state to require employers to provide paid leave to pregnant employees for prenatal care under one of a series of proposals included in legislation recently signed by Governor Kathy Hochul to implement the… more

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is intended to… more

On April 16, 2024, in the case of Muldrow v. St. Louis, the United States Supreme Court unanimously ruled that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers, even if the transfer does not come with… more

Last week, the U.S. Department of Transportation (DOT) announced an Airline Passenger Protection Partnership with state AGs (Partnership), which is the latest example of how AGs continue to expand their regulatory reach through… more

While the “spring cleaning” that typically comes to mind involves gardening, cleaning off the golf clubs or power washing, it is also an ideal time for business owners to take inventory of their corporate records, governing documents… more

The Virginia Historic Rehabilitation Tax Credit (HRTC) program (see Virginia Code § 58.1-339.2) has played a significant role in stimulating Virginia’s economy and preserving thousands of historic properties throughout the… more

With wind and solar having proven themselves effective alternatives and supplements to fossil fuels, many energy producers wonder what the “next big thing” will be. A leading contender is hydrogen derived from electrolysis. Wind and… more

The United Kingdom’s Information Commissioner’s Office has issued guidance on the accuracy of artificial intelligence Some key points: •For generative AI models, both developers and deployers must consider the impact that training… more