Employer group health plans must make an annual disclosure of the plan's prescription drug and healthcare spending to the Centers for Medicare & Medicaid Services (CMS). The disclosure, called the Prescription Drug Data Collection… more

The preliminary injunction was granted pursuant to Fifth Circuit precedent that the CFPB’s independent funding structure is unconstitutional. On May 10, 2024, the US District Court for the Northern District of Texas blocked the… more

Current and future U.S. defense contractors, and entities interested in acquiring these contractors, should prepare for increased regulatory scrutiny of mergers and acquisitions (M&A) transactions. Congress is signaling that it will… more

Amanda Schneider is the Chief Marketing and Business Development Officer for Epstein Becker Green, a national super boutique in the US, and the ILN's member firm for New York and Washington, DC as well as its founding member firm. In… more

On May 14, 2024, President Biden announced new trade tariffs on goods from China, aimed at protecting American workers and businesses. The measure imposes tariffs between 25% and 100% of the value of the imported item, applicable to… more

This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and historical… more

If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming entangled in the… more

Across the Commonwealth, localities have significantly varying periods of validity for permits related to solar developments, battery storage, and residential housing. From locality to locality, permit lengths may range from six months… more

The USPTO published a request for comments (RFC) on April 30th, focusing on how advancements in artificial intelligence (AI) may impact the USPTO’s assessment of patentability governing (i) what may qualify as prior art and (ii)… more

As of the date of this article, Nevada does not have a corporate income tax or a personal income tax. Contrast Nevada’s 0% with California’s corporate tax rate of 8.84% and top individual income tax rate of 13.3% and Delaware’s… more

​​​​​​​On April 23, 2024, the U.S. Department of Labor (the “DOL”) promulgated a final rule, titled the “Retirement Security Rule” (the “Final Rule”), updating the definition of an “investment advice fiduciary” under the Employee… more

Microsoft Publishes First Responsible AI Transparency Report - Touted as the "first of its kind," Microsoft's Responsible AI Transparency Report was published on May 1, 2024… more

A Pennsylvania man intends to plead guilty to insider trading on Dick’s Sporting Goods securities in which he made nearly $825,000 based on tips unwittingly passed to him from an acquaintance who worked for the retail chain, according… more

The San Francisco Board of Supervisors recently amended the Planning Code’s controls to further regulate Fleet Charging and Parcel Delivery Service uses, primarily affecting Production, Distribution, and Repair (PDR) zoning districts… more

The second in series of four Experience Management articles by Rachel Shields Williams, Rachel Cohee, and Kieron Champion… more

This fall, Floridians will vote on Amendment 3, which would legalize cannabis for adults 21 years old and older in the Sunshine State. Existing medical marijuana treatment centers in the state will get first (and maybe the only) dibs… more

We are pleased to spotlight Meaghan Luster this month! Meaghan is an Associate in the Litigation Practice and works in our Boston office… more

Seyfarth Synopsis: New regulations effective August 6, 2024 restore and expand scope of civil rights protections under Section 1557 of the Affordable Care Act… more

As artificial intelligence (AI) continues to permeate the health care industry (and every other part of American life), the industry should be attentive to the risk of anticompetitive conduct arising from reliance on AI and cognizant… more

The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to pay for… more

Last year was a pivotal one for data privacy, as privacy received substantial attention from many regulators, including the Federal Trade Commission (“FTC”). Looking back at the FTC’s 2023 enforcement actions, statements and policies… more

Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with this… more

If you are a mortgage lender who followed the recommendations in the first article in this series, then you should have a solid grasp of your mortgage portfolio. You have identified the relevant players and their respective rights and… more

The White House at 5 am this morning in DC released its decision on the new section 301 tariffs. There is a 100% tariff on Chinese EVs effective this year (which is in addition to the usual 2.5% import duty on cars)… more

The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the… more

Asembia’s 20th Annual Specialty Pharmacy Summit once again brought investors and operators in the specialty pharmacy ecosystem to Las Vegas for learning sessions and networking. Bass, Berry & Sims brought a team of four attorneys from… more

On May 14, the Office of the US Trade Representative (USTR) announced that it is proposing to add or increase tariffs on select Chinese-origin products in “strategic sectors,” pursuant to Section 301 of the Trade Act of 1974… more

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation… more

On May 6, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Federal Housing Finance Agency (FHFA) issued a notice of proposed rulemaking and request for public comment to implement… more

One interesting aspect of the New York State Bar Association’s recent review of the ethical and legal issues raised by artificial intelligence in the practice of law was its suggestion that now might not be the best time to craft a… more

The HIPAA Privacy Rule has been amended to provide greater protections for protected health information (PHI) related to reproductive health care. Covered entities and business associates should familiarize themselves with the final… more

We have published a series of articles dealing with directors’ duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana and the New Zealand Supreme Court… more

As part of implementing a robust cybersecurity standard, we must understand how bad actors are intentionally targeting our older colleagues and loved ones. On April 30, 2024, the U.S. Department of Justice (DOJ) announced charges… more

Imagine a world where your deepest, unarticulated desires—those you are not even consciously aware of—are brought to life. Now, consider if simply articulating those desires in natural language is all it takes to make it happen… more

Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work, planning… more

On May 7, 2024, the White House Office of the National Cyber Director (ONCD) released several reports on the United States’ cybersecurity posture and strategic plan. These documents implement the 2023 National Cybersecurity Strategy… more

When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of oral… more

On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and… more

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 1920, the final rule of highly anticipated reforms to regional transmission planning processes under its jurisdiction. Order No. 1920 is the culmination… more

On April 23, 2024, the Federal Trade Commission, by a vote of 3-2, issued a Final Rule concerning unfair methods of competition and non-compete agreements. The Rule will become effective 120 days after its publication in the Federal… more

On May 3, 2024, Affiliated Dermatologists and Dermatologic Surgeons, P.A. (“Affiliated Dermatologists”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that… more

As a proud Gen Xer, I cannot say that I watch anything on television that would be considered “new” or “current.” So when I had the flu recently, I turned to an old reliable and watched reruns of The Office (which, if you refuse to cut… more

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party. But one… more

In a move to protect music artists and their fans (among a host of additional event presenters), both Maryland (MD) and Minnesota recently passed groundbreaking legislation aimed at bringing transparency and fairness to the ticketing… more

The Internal Revenue Service (IRS) published a final rule on May 6, 2024, defining eligibility requirements for the clean vehicle credit under Section 30D of the Internal Revenue Code, enacted by the Inflation Reduction Act of 2022… more

On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”) officially… more

Approximately sixty-four countries, plus the European Union, will head to the polls in 2024. June 2, 2024, will be the biggest election day taking place in Mexico, when the president (possibly the first female president), nine… more

Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme Judicial Court… more

On May 14, 2024, FEI.com, Inc. d/b/a FEI Systems filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized party was able to access confidential information that had been entrusted to the… more

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week..… more

Copyright plaintiffs prevailed as the Supreme Court definitively expanded the scope of monetary damages available in discovery-rule copyright infringement cases. The discovery rule of accrual provides that a copyright claim accrues… more

District of Columbia employers with tipped wage workers have until May 31, 2024 to submit both their policy and recorded harassment complaints to demonstrate compliance with the District’s sexual harassment mandate… more

Steward Health Care filed Chapter 11 on Monday May 6, 2024. Steward operates over 30 hospitals across Arizona, Arkansas, Florida, Louisiana, Massachusetts, Ohio, Pennsylvania and Texas, and has more than 400 physician practice… more

May 11, 2024, marked one year since the end of the COVID-19 public health emergency (PHE), and not much has changed in Medicare telehealth policy. We are still operating under temporary waivers and flexibilities and, as a result, many… more

The enactment of Brazil's proposed AI Regulation remains uncertain with compliance requirements pending review. Laws/Regulations directly regulating AI (the “AI Regulations”) Brazil intends to regulate AI through Bill No… more

The Biden Administration announced on May 14, 2024, the completion of its review of China's trade practices under Section 301 of the Trade Act of 1974. The White House announcement maintains current tariffs on Chinese imports and… more

The Australian Federal Government (the Government) has just released its budget for 2024-25. The K&L Gates tax team outlines the key announced tax measures and our instant insights into what they mean for you in practice… more

A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought. Warner Chappell… more