FTC Issues Clumsy, Overbroad Noncompete Rule. Luckily, It Probably Will Fail.
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers… more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers… more
Developments in the world of name, image and likeness (NIL) rights continue to occur at an extremely swift pace. Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete NIL rights… more
The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer… more
On April 22, 2024, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a final rule to support reproductive health care privacy (the “Reproductive Rule”). According to the HHS OCR press… more
The TRU Staffing Partners Hot Jobs newsletter provides readers with a weekly tip for our professionals and hiring managers in the data privacy, ediscovery, and cybersecurity spaces. With more than 12 years of experience in staffing and… more
Tamás Fehér is a partner with Jalsovszky Law Firm, the Hungarian member of the International Lawyers Network, where he practices tax litigation. In this episode, Lindsay and Tamás discuss the challenges and opportunities of AI and… more
Anthony Panebianco? is a shareholder with ?Davis Malm?, the ILN's member firm for Boston, Massachusetts. In this episode, Lindsay and Anthony chat about the current market for litigation and transactional matters, why being considerate… more
Joshua Upin? is a partner with ?Royer Cooper Cohen Braunfeld?, the ILN's Pennsylvania member firm. In this episode, he and Lindsay discuss the hot topic on everyone's mind, generative AI, the unrealistic expectations that television… more
Alishan Naqvee is the founding partner of LexCounsel, one of the ILN's member firms in India. In this episode, Alishan and Lindsay discuss how technology has changed the practice of law, what is intriguing about the modern practice of… more
Noel Ng is the COO of Goodwins Law Corporation in Singapore, a firm with more than twenty years in the legal industry and a member of the International Lawyers Network. In this episode, Lindsay and Noel discuss Singapore's importance… more
Vilius Bernatonis is the managing partner of TGS Baltic, a top-tier commercial law firm in the Baltics and a member of the International Law Firm. In this episode, Lindsay and Vilius discuss the war for talent, why collaboration and… more
I have been sharing knowledge with tax professionals through writing papers and articles, and presenting at tax conferences for almost 40 years. On March 11, 2013, with the encouragement of others, I entered the digital publishing… more
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve a draft advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds, at… more
On April 15, 2024, the Criminal Division of the U.S. Department of Justice (“DOJ”) released new guidance relating to a Pilot Program on Voluntary Self-Disclosures for Individuals, promising to offer protection from criminal prosecution… more
On April 29, 2024, the IRS and Treasury Department announced the procedures for the second round of federal tax credit allocations for the Advanced Energy Project Credit Program (48C Program) under Internal Revenue Code Section 48C(e)… more
While diversity enriches the workplace, it can also present challenges for employers striving to create inclusive environments that accommodate everyone’s perspectives. In Kluge v. Brownsburg Community School Corp., a federal court… more
On March 5, 2024, the Supreme Court of the State of New York, ruled that an obvious scriveners error in a guaranty, exempting a guarantor from full recourse liability for the loan’s debt, could be corrected to impose personal… more
On April 30, 2024, the Consumer Financial Protection Bureau (“CFPB”) published a report called “Price Complexity in Laboratory Markets” that concluded that the financial services industry should keep pricing for financial services and… more
Audits are an important part of a compliance program and help monitor compliance obligations, identify non-compliance, and quantify overpayments. But, planning the audit is often just as important as the audit itself. One of the most… more
Most insurance policies contain conditions precedent, which premise coverage upon an insured’s actions. “As a general rule, if a contract expressly conditions the duty to perform upon the occurrence of a specified event, the duty to… more
Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford, an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an insightful… more
On April 12, 2024, the Supreme Court resolved a circuit split and limited the scope of omissions liability under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(b). The decision will limit the scope of private… more
On Tuesday, April 30, the Associated Press reported that the Drug Enforcement Administration (DEA), will move to reclassify marijuana from a Schedule I drug to a Schedule III drug. DEA’s move comes several months after the Department… more
With the U.S. Environmental Protection Agency’s (EPA) recent announcement of final maximum contaminant levels for various per- and polyfluoroalkyl substances (PFAS), public water systems (PWSs) are determining what actions will be… more
On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic property (the… more
Welcome to the fourth issue of The Academic Advisor for 2024. We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its long-awaited… more
The FTC issued its final rule broadly banning noncompete clauses between employers and workers. In this episode of “Fierce Competition,” Skadden attorneys Tara Reinhart, Annie Villanueva Jeffers and Justine Haimi discuss the contents… more
On 25 April 2024, the UK Competition and Markets Authority (CMA) announced reforms to its in-depth merger control review process (the Phase 2 review). The updates include: - An expanded de minimis exception. The CMA will have the… more
Some funding applications submitted to NIH beginning Jan. 25 will face new requirements and undergo a revised peer review process. To prepare investigators and institutions, NIH launched a dedicated website with details about specific… more
On 22 January 2024, the Financial Reporting Council (FRC) published its much-anticipated revisions to the UK Corporate Governance Code (the Code) which was followed on 29 January 2024 by revised guidance on the Code. In this client… more
The news has been a flurry of information and excitement following confirmed reports that the U.S. Drug Enforcement Administration (“DEA”) will soon propose a new rule to reschedule cannabis from a Schedule I controlled substance to a… more
In December 2022, Julie Kaneshiro—then deputy director of the HHS Office for Human Research Protections (OHRP)—disclosed that the agency had 32 positions but that only 20 were filled, leaving 12 vacant or “on hold,” due to “resource… more
Arbitration can be an effective alternative for parties seeking to avoid drawn-out and costly litigation. As a result, it has become common practice for parties to negotiate arbitration clauses into their agreements… more
Outerlimits Techs., LLC v. O’Connor, No. 169 EDA 2023, 2023 WL 8524299 (Pa. Super. Ct. Dec. 8, 2023) (non-precedential decision) - The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal… more
A final federal rule raising minimum staffing requirements for long-term care (LTC) facilities that receive Medicare or Medicaid funding becomes effective June 21, starting a staggered timeline for LTCs to create and implement plans to… more
Check out our April Elder Law and Special Needs newsletter! Our legal team explores important topics including beneficiary designations and the recent updates to the Medicaid divisor, which came into effect this month… more
On March 22, 2024, the Federal Trade Commission ("FTC") filed an amicus brief in Teva Branded Pharmaceutical Products R&D, et al. v. Amneal Pharmaceuticals of New York, LLC, et al., 2:23-cv-20964, U.S. District Court for the District… more
Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any… more
Embarking on a website migration can feel like navigating a legal case. The stakes are high, and every decision counts. When transitioning to a new website, one of the critical decisions firms face is what content to migrate from… more
On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting recent… more
Now that the European Parliament has approved the EU AI Act, you should understand how the broad AI regulation affects your business… more
Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and energy… more
On April 30, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s effective denial of the motion for a preliminary injunction filed by several trade groups, including the U.S. Chamber of… more
Rapid advances in artificial intelligence (AI) have overhauled business models in many sectors. With productivity in the construction industry lagging behind other sectors, does AI present opportunities to innovate and increase… more
The Department of Justice’s (DOJ) final rule on the accessibility of web content and mobile apps under Title II of the Americans with Disabilities Act (ADA) goes into effect June 24, 2024. With limited exceptions, the rule requires… more
On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency… more
Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6, 2024… more
For the first time since 2022, solar and wind projects will now be subject to a new discounted cash flow assessment model (the “2024 Model”). The inaugural 2022 Model, brought about by the enactment of Real Property Tax Law (“RPTL”)… more
Cryptocurrency has revolutionized the financial markets but also created tax traps for the unwary investor. Building on proposed regulations issued last year, the IRS recently increased its oversight of cryptocurrency transactions by… more
The DOL’s fiduciary regulation and the amended Prohibited Transaction Exemptions (PTEs) 2020-02 and 84-24 will be effective on September 23 of this year. However, some of the requirements (called “conditions”) of PTEs 2020-02 and… more
Firms will need to update their internal procedures and ensure they are ready to comply with the new requirements ahead of 1 November 2024. HM Treasury (HMT), the Financial Conduct Authority (FCA), and the Prudential Regulation… more
Many countries have special tax regimes designed to attract qualified staff from abroad and we will be covering some of these regimes in a series of articles. The first is Italy – for which see below to discover who can benefit and the… more
Suppose there is one thing I have learned from working with Carsten Tams, an ethical business architect and founder and chief executive officer (CEO) of Emagence LLC. In that case, employee engagement is one of the very top keys to a… more
As part of proposed legislation intended to address several procedural issues related to judicial proceedings, a recent section titled the Venue Equity and Non-Uniformity Elimination Act of 2024 (VENUE Act) seeks to expand the number… more
In the latest development in the ongoing litigation saga between competitors Sonos and Google, the US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s determination that the original accused… more
Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst in the US… more
The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the other… more
The United States is among the minority of large economies in the world without a comprehensive national privacy law. In the absence of such a law, numerous states are filling the void with a complex assortment of often inconsistent… more