On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers from… more

Often when working with my Disadvantaged Business Enterprise (“DBE”) clients, I hear complaints about businesses that are certified as a DBE but who do not meet the requirements – perhaps the owner of the company’s personal net worth… more

Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to the… more

On 4 April 2024, the Ministerial Decree dated 29 February 2024, was published in the Official Journal of the Italian Republic. Such Decree defines the conditions and operational rules for the entry and stay in Italy of so-called… more

On May 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be implementing updated 2024 spousal impoverishment standards that will take effect on July 1, 2024… more

Few document services reach stakes as significant as legal translation does. As a field that necessarily hyper-focuses on specific word choice, meanings, precedents, and more, dotting i’s and crossing t’s rarely matters as much… more

Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to set aside… more

It’s hard to believe that the Tax Cuts and Jobs Act (“TCJA”) was enacted in late 2017 – almost seven (!) years ago. During that time, individuals and business owners may have become accustomed to the various changes brought about by… more

To the likely surprise of providers of buy now, pay later (“BNPL”) financing, last week the Consumer Financial Protection Bureau (“CFPB”) issued an interpretive rule stating that BNPL products are actually “credit cards” under the… more

Your TiNY editor-in-chief took some time away over the long weekend and that led to the late posting of this week’s TiNY Report. The delay gave us some time to reflect on Hodgson Russ’s slick replacement website. When we commented… more

Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to… more

The US Diversity in Fund Finance Committee of the Fund Finance Association held the latest event in their Boundary Breaker speaker series this week. The event, co-sponsored by Haynes Boone and Standard Chartered, was a great success… more

On May 23, 2024, the Illinois Supreme Court issued a highly anticipated ruling on whether a taxpayer is required to pay its property tax bill before pursuing an appeal at the Property Tax Appeal Board (PTAB). In Shawnee Community Unit… more

In the UK, there is a right to request a flexible working arrangement, but not a right to have one. On April 6, 2024, changes to flexible working requests came into force alongside a revised Acas code of practice and guidance on… more

On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate exchange-traded… more

On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time… more

Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance, election law… more

With the EU's AI Act coming into force imminently, those designing, developing, and/or deploying AI will need to start getting to grips with the myriad of new obligations, including new cyber security requirements… more

In February 2024, the healthcare industry was rattled by a significant cyberattack targeting Change Healthcare (“Change”), a subsidiary of UnitedHealth Group, one of the largest health insurance companies in the world. The breach sent… more

In a heated twist on intellectual property debates, the Chili Crunch controversy has simmered into the spotlight, showcasing the spicy interplay between legal battles and brand image in the culinary world. In a revealing discussion… more

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete agreements… more

During its meeting on May 20, Maryland’s Prescription Drug Affordability Board (PDAB) unanimously voted to conduct cost reviews on six of eight products it was considering (see table below). Maryland is the third PDAB, following… more

New York recently Amended the New York LLC Transparency Act. The original version of the law was enacted December, 2023 and mandated disclosure of beneficial ownership of limited liability companies. Please see our previous article for… more

We recently reported on the saga that followed the Constitutional Court's ruling of February 8, 2024 on the conditions for applying the partial exemption from payment of withholding tax for employers organizing shift work (CIR/92, art… more

The 2024 Atlantic hurricane season starts this Saturday and runs until November 30. According to the National Oceanic and Atmospheric Administration (NOAA), this season is expected to be busier than usual. The increased activity is due… more

May 29, in Ryan, LLC et al. v. The Federal Trade Commission, the FTC filed its response in opposition to Plaintiffs’ request to stay/enjoin the FTC Rule banning non-competes from taking effect on September 4. The Court has committed to… more

Over a beautiful, sunny weekend earlier this month (May 17-19), commercial litigators and judges from all over the State converged on Saratoga Springs and the beautiful Gideon Putnam Hotel, for the Commercial and Federal Litigation… more

Paramount triumphs in the Top Gun Maverick copyright case. Join Scott Hervey and Jamie Lincenberg of Weintraub Tobin on 'The Briefing' as they dissect the court's ruling… more

Paramount triumphs in the Top Gun Maverick copyright case. Join Scott Hervey and Jamie Lincenberg of Weintraub Tobin on 'The Briefing' as they dissect the court's ruling… more

On May 9, 2024, Governor Wes Moore signed into law the Maryland Online Data Privacy Act of 2024 (“MODPA”). MODPA will take effect on October 1, 2025, but will not apply to personal data processing activities occurring before April 1… more

Representations and warranties play a crucial role in business transactions and are commonly used in merger and acquisition agreements to allocate risk between sellers and buyers. Accurate representations and reliable warranties are… more

The UK’s data privacy regulator, the Information Commissioner’s Office (ICO), is investigating Microsoft over potential privacy concerns with its recently announced AI-powered “Recall” feature for Windows PCs. Microsoft Recall is… more

The UK’s Financial Conduct Authority (“FCA”) has published a web page of observations aimed at helping firms prepare for new operational resilience rules due to be inforced by 31 March 2025. The relevant rules apply to banks, building… more

Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower courts on how… more

The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to land use… more

Every spring, BakerHostetler collects, analyzes, and compares key metrics on the incident response matters we handled in the prior year. The output – our Data Security Incident Response (DSIR) Report – highlights key findings and… more

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a ruling dated… more

The U.S. Tax Court recently issued an opinion in Parkway Gravel Inc. v. Commissioner, Docket No. 10819-21, respecting the structure of a gravel company's sale of a land parcel known as the Freeway Pit. In finding for the taxpayer, the… more

I am thrilled to announce my first podcast series based on a book I have written. The book and the podcast series are titled FCPA Survival Guide and Ethico sponsors. The book is available in the Kindle format, and you can purchase it… more

Minnesota Governor Tim Walz recently signed into law sweeping energy legislation designed to ease permitting burdens on renewable energy development and address interconnection and transmission congestion in the state (the… more

On May 13, 2024, President Biden issued an Order blocking the purchase and requiring the divestment of Chinese-owned real estate that is the location of a cryptocurrency mining facility near F.E. Warren Air Force Base, a Minuteman III… more

Since I hang out with a lot of CISOs, and understand their pain points, I urge readers to send a “thank you” and “you are the best” message to their CISO. You can’t imagine the pressure and stress they are under to try to protect the… more

Use this guide as a reference when filing lien and bond claim notices for the month of June… more

On May 17, 2024, Nevada-based DXC Technology Company (“DXC”)—a global IT services provider—officially filed its required annual 10-K Form with the U.S. Securities and Exchange Commission (“SEC”) indicating that previously-disclosed… more

May 25th marked six years since the General Data Protection Regulation has been in effect. Since it was implemented, GDPR has been regarded as the gold standard for data protection legislation across the world… more

In a case of first impression in Colorado, the Colorado Court of Appeals adopts a test for evaluating a claim of actual discharge under Colorado law. In this Colorado employment law case, Plaintiff ex-employee, Ms. Potts, sued her… more

I. INTRODUCTION - On May 13, 2024, the US Securities and Exchange Commission (“SEC”) and the US Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint notice of proposed rulemaking (the “CIP… more

The issue of bias in artificial intelligence is assuming increased urgency in courtrooms around the country. Organizations that use AI to scan resumes can be sued for employment discrimination. Companies using facial recognition on… more

Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions to suppress… more

On April 24, 2024, the European Parliament adopted the final text of two new directives, namely: the Platform Work Directive, aimed at improving working conditions and protection of personal data for those engaged in “platform work”;… more

On 14 May 2024, the European Securities and Markets Authority (ESMA) published its final guidelines ESMA34-472-440 Final Report on the Guidelines on funds names (europa.eu) on the use of ESG- or sustainability-related terms in funds’… more

Headlines 1. Supreme Court Upholds the Constitutionality of the CFPB’s Funding Structure The Supreme Court has ruled that the statutory authorization that allows the CFPB to draw funds from the earnings of the Federal Reserve System… more

On May 23, 2024, CVB, Inc. d/b/a Malouf Companies (“Malouf”) filed a notice of data breach with the Attorney General of Vermont after discovering that an unauthorized actor accessed the company’s computer network. In this notice… more

CADTH is now known as Canada’s Drug Agency (CDA-AMC or CDA). Its mandate extends beyond CADTH’s mandate to include: improving the appropriate prescribing and use of medications; increasing pan-Canadian data collection and expanding… more

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the May issue of the Capitol Connection… more

Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright trolls” who are… more

In Mixell v. Cumberland County Board of Assessment Appeals, 313 A.3d 330 (Pa. Commw. Ct. 2024), the Commonwealth Court held that the Board of Assessment Appeals (“Board”) had failed to show proof of mailing sufficient to establish that… more

The U.S. Department of Energy, Office of the Under Secretary for Infrastructure (S3) (DOE) held a webinar and released a memorandum on May 24, 2024, that provided key updates and guidance regarding award negotiations for large capital… more