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  • Alternative Dispute Resolution (ADR)
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Locations
Other U.S. Locations
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1,000+ Attorneys

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of…more

E-3, F-1 Visa, Foreign Workers, Green Cards, H-1B

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14 de febrero de 2024 vence el plazo para el pago de cesantías en Colombia

El auxilio de cesantías en Colombia es una prestación social que tiene como finalidad formar un ahorro en caso de que el trabajador se quede sin trabajo. Lo anterior, sirve de auxilio y se pagan al finalizar el contrato de…more

Colombia, Employment Contract, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Principio de precaución opera ante indicios según SU-018/24 en Colombia

La sentencia SU-018/24 proferida por la Corte Constitucional de Colombia confirmó la posición evidenciada en la sentencia del Consejo de Estado del 19 de agosto de 2022, por medio de la cual condenó a una empresa del sector de…more

Colombia, Constitutional Courts, Energy Sector, Environmental Violations, Hazardous Waste

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Dark Chocolate and Heavy Metals

In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits. Consumer Reports discovered something…more

Article III, Food Manufacturers, Food Safety, Health and Safety, Lead

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Podcast: A Conversation with Former Florida Solicitor General Amit Agarwal

In the 13th episode of our "Florida Capital Conversations" podcast series, Amit Agarwal, co-chair of the firm's Appellate Litigation Team, joins the conversation to discuss his legal career path and time serving as Florida…more

Florida, Public Sector, Solicitor General, State and Local Government

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Illinois Appellate Court Rules That Workers' Compensation Act Does Not Bar BIPA Claims

In its Sept. 18, 2020, opinion in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398, the Illinois Appellate Court struck down a key defense pursued by employers facing lawsuits for violation of the Illinois…more

Appeals, Biometric Information Privacy Act, Defense Strategies, Employer Liability Issues, Employment Litigation

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OCC Identifies Key Risks and Supervisory Expectations for Banks in the COVID-19 Environment

The Office of the Comptroller of the Currency (OCC) – the primary federal bank regulator for a broad cross-section of U.S. banks, from community banks to the largest banks in the country – issued its Semiannual Risk Perspective…more

Annual Reports, Banking Sector, Coronavirus/COVID-19, Economic Downturn, Financial Institutions

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Agreement Modifies Imported and Exported Merchandise Regulated by SENER in Mexico

The Mexican Ministries of Economy (Secretaría de Economía or SE) and Energy (Secretaría de Energía or SENER) on Nov. 6, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the…more

Diesel Fuel, Exports, Hydrocarbons, Imports, International Trade

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Plazo para la presentación del PTEE para las ESAL en Bogotá, Colombia para el año 2024

De acuerdo con los lineamientos publicados por la Secretaría Jurídica Distrital de la Alcaldía Mayor de Bogotá DC, a través de la Circular 013 del 14 de abril de 2023,1 la presentación del Programa de Transparencia y Ética…more

Colombia, Compliance, Ethics, Filing Requirements, Nonprofits

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Toss It in the Trash: Uptick in Scams Relating to Trademark Rights

Holland & Knight's Intellectual Property Group has seen an escalation in emails to clients in which the sender applies the scare tactic of "react quickly or lose your rights to your trademark." These are very often scams. These…more

Domain Names, Intellectual Property Protection, Lanham Act, Phishing Scams, Scams

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Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to…more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Watts What You Say? SEC Brings a Battery of Charges Against EV Startup Company

The SEC on Feb. 29, 2024, announced settled charges against Lordstown Motors Corp. (Lordstown) for allegedly misleading investors about sales prospects for the Endurance, Lordstown's flagship pickup truck for the electric…more

Auditor Independence, Audits, Cease and Desist Orders, Commercial Bankruptcy, Disgorgement

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New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new rule,…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA)

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New York State Issues Updated Soil Vapor Intrusion Guidance

The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision…more

Brownfield Properties, Commercial General Liability Policies, Compliance, Contaminated Properties, Due Diligence

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Delaware Federal Court Dismisses Say-on-Pay Complaint

In a recent opinion, the United States District Court for the District of Delaware dismissed a derivative complaint brought as a result of a negative shareholder advisory vote on executive compensation. The court found that the…more

Derivative Suit, Dodd-Frank, Executive Compensation, Say-on-Pay, Shareholder Votes

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Federal Departments Jointly Extend Employee Benefit Timeframes for COVID-19 Outbreak

The U.S. Department of Labor and the U.S. Department of the Treasury , in consultation with the U.S. Department of Health and Human Services, issued new final rules that, effective March 1, 2020, extend various timeframes…more

COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Company Directors Plead Guilty to Conspiracy to Steal Trade Secrets

A district court in the Northern District of California recently accepted a guilty plea by a company's former CEO and COO for conspiracy to steal trade secrets and commit wire fraud. While rival companies regularly are sued…more

Civil Conspiracy, Criminal Prosecution, Indictments, Innovative Technology, Theft

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Types of Guarantees in Commercial Leases

Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor) that…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Guarantors

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New Guidance Issued on Financial Value Transparency and Gainful Employment Regulations

The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The Department's…more

Colleges, Compliance, Dear Colleague Letter, Department of Labor (DOL), Disclosure Requirements

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New York Court Finds It Fishy That False Labeling Claims Ignore Context

A New York federal district court has sent a clear message that "context matters" when assessing a false labeling claim.1 In dismissing another putative class asserting violations of state and federal consumer protection laws,…more

Dismissals, False Advertising, Magnuson-Moss Act, Product Labels, Putative Class Actions

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Aprobado el proyecto de ley que declara el río Magdalena en Colombia como sujeto de derechos

El Senado de Colombia aprobó en primer debate el 5 de marzo de 2024, el Proyecto de Ley No. 038 de 2023, "Por medio de la cual se declara al río Magdalena, su cuenca, afluentes y desembocadura, como sujeto de derechos y se…more

Colombia, Environmental Policies, Land Preservation, Oversight Committee, Rivers

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SECURE Act: Rethinking Estate Planning with Retirement Accounts

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) represents the first major retirement legislation since 2006. The SECURE Act was signed into law on Dec. 20, 2019, became effective Jan. 1, 2020, and…more

401k, 529 Plans, Beneficiary Designations, Estate Planning, Individual Retirement Account (IRA)

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Public Call for Interest in Public-Private Partnership for Construction of Airport in Colombia

Colombia’s National Infrastructure Agency (Agencia Nacional de Infraestructura or ANI) launched the public call for the invitation of third parties interested in the project whose purpose is the financing, preparation of studies…more

Airports, Colombia, Construction Contracts, Deadlines, Design-Build

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A Contractor's Guide to the Impending Government Shutdown

Editor's Note: The last time we faced an impending government shutdown, our Government Contracts Group posted a blog regarding what contractors should do in the event of a shutdown. That post has been updated below..…more

COBRA, Employee Benefits, Fair Labor Standards Act (FLSA), Federal Budget, Federal Contractors

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Federal Leasing 2023: The Year in Review

This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal Government…more

Biden Administration, Board of Contract Appeals, Commercial Leases, Compliance, Contract Negotiations

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¿Cuáles fiscos de América Latina reciben automáticamente información de USA y cómo funciona?

El intercambio automático y masivo entre el fisco de Estados Unidos y otros países empezó con la ley de cumplimiento fiscal de cuentas extranjeras (Foreign Account Tax Compliance Act o FATCA). FATCA es parte de una larga…more

Colombia, Estate Tax, FATCA, Foreign Financial Institutions (FFI), Intergovernmental Agreements

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Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events…more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

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Company Directors Plead Guilty to Conspiracy to Steal Trade Secrets

A district court in the Northern District of California recently accepted a guilty plea by a company's former CEO and COO for conspiracy to steal trade secrets and commit wire fraud. While rival companies regularly are sued…more

Civil Conspiracy, Criminal Prosecution, Indictments, Innovative Technology, Theft

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Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any…more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

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California's 2024 Housing Laws: What You Need to Know

The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the…more

Accessory Dwelling Units (ADUs), Affordable Housing, CEQA, Density Bonus, Environmental Impact Report (EIR)

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IRS Issues Notice 2024-2 Outlining Guidance on SECURE 2.0 Provisions

The IRS issued Notice 2024-2 (Notice), which provides guidance in a question and answer format concerning certain provisions of the SECURE 2.0 Act of 2022 (SECURE 2.0). The following is a brief overview of key provisions in the…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, CARES Act

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Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation

On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more

Attorney General, Compliance, False Claims Act (FCA), FERA, Whistleblowers

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Smackdown in SPAC Town: SEC Penalizes Pair of Auditors and PCAOB Tags In

The SEC did not take time off for the summer when it comes to enforcement activity involving auditors of special purpose acquisition companies (known as SPACs and addressed by us previously). While others may have been strolling…more

Audits, Civil Monetary Penalty, Enforcement Actions, Foreign Private Issuers, Form 20-F

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"Call Us Before We Call You": SDNY Announces Pilot Whistleblower Program

The U.S. Attorney's Office for the Southern District of New York (SDNY) on Jan. 10, 2024, announced a Whistleblower Pilot Program (Program) that it is presenting as another "tool in [the SDNY's] toolkit" that could unearth new…more

Compliance, Cooperation, Criminal Liability, Foreign Corrupt Practices Act (FCPA), Fraud

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The College Dorm in Your Hotel: Considerations for Owners and Operators

The COVID-19 pandemic forced colleges and universities throughout the country to close early in spring 2020 and empty out their dormitories. The fall 2020 semester changes caused university administrators to think beyond the…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Health and Safety, Hotels

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First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and…more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

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Qualifying Loans Will Reduce or Eliminate Risk Retention Obligations of Issuers Under Reproposed Credit Risk Retention Rules

The general risk retention requirements mandated under section 15G of the Securities and Exchange Act of 1934 (added by section 941 of the Dodd-Frank Act) will be applicable to all issuers of asset-backed securities (ABS) once…more

Asset-Backed Securities, Dodd-Frank, Risk Retention, Securities Exchange Act, Underwriting

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Changes Coming to Filing Requirements for Security Deeds in Georgia

A new Georgia law changes the information required on security deeds and will help Superior Court clerks clear backlogs in the state's larger counties while making the filing process more efficient. Starting in July 2023,…more

Deeds, Drafting Attorney, Filing Requirements, New Legislation

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Indian Country Impacted by National Strategy on Hunger, Nutrition and Health

The White House released its National Strategy on Hunger, Nutrition, and Health on Sept. 27, 2022, ahead of the second-ever White House Conference on Hunger, Nutrition, and Health. Specifically, the 44-page paper calls on…more

Department of Health and Human Services (HHS), Department of the Interior, Dietary Guidelines, FEMA, Food and Drug Administration (FDA)

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Beyond the Hype: The SEC's Intensified Focus on AI Washing Practices

The U.S. Securities and Exchange Commission (SEC) is cracking down on how firms promote their artificial intelligence (AI) technologies to protect investors from falling victim to "AI-washing." On March 18, 2024, the SEC charged…more

Algorithms, Artificial Intelligence, Best Practices, Client Data, Disclosure Requirements

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The 340B Drug Pricing Paradox

The 340B Drug Pricing Program has been making headlines. Two recent developments are difficult to square with one another. First, the Health Resources and Services Administration (HRSA), the federal agency that administers the…more

Coronavirus/COVID-19, Covered Entities, Drug Pricing, Health Care Providers, Hospitals

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FTC Moves to Ban Non-Competes: What Employers Need to Know Now

The Federal Trade Commission (FTC) proposed a rule on Jan. 5, 2023, prohibiting non-competition clauses ("non-competes") in employment agreements. For purposes of the rule, non-compete provisions include explicit and de facto…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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FinCEN Proposal Potentially Impacts Registered Investment, Exempt Reporting Advisers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has issued a new notice of proposed rulemaking (NPRM), referred to herein as the "Proposed Rule," that would subject SEC-registered investment…more

AML/CFT, Anti-Money Laundering, Anti-Terrorism Financing, Bank Secrecy Act, BSA/AML

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Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a possible…more

Beer, Blue Apron, Breweries, Cybersecurity, Excise Tax

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New Federal Program Provides Grants for Eligible P3 Transportation Projects

The Build America Bureau (Bureau) of the U.S. Department of Transportation (DOT) released on March 11, 2024, a Notice of Funding Opportunity for the new Innovative Finance and Asset Concession Grant Program (IFACGP)…more

Applications, Federal Funding, Federal Grants, Filing Deadlines, Financing

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There's Still Time to Comment on the 2020 Multi-Sector General Permit

In response to multiple requests from stakeholders, as noted on its website, the U.S. Environmental Protection Agency (EPA) has extended the public comment period for its National Pollutant Discharge Elimination System (NPDES)…more

Comment Period, Environmental Policies, Environmental Protection Agency (EPA), General Permit, Industrial Storm Water Permit

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Analysis of Applicable Provisions to Renewable Energies in Mexico

The Mexican National Center of Energy Control (Centro Nacional de Control de Energía or CENACE) published in the Market Information System (Sistema de Información de Mercado) the "Order to guarantee the efficiency, quality,…more

Coronavirus/COVID-19, Electricity, Energy Sector, Mexico, Regulatory Standards

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New Trade Secret Protections in China

U.S. companies have been complaining for years that Chinese companies are allowed to steal and misappropriate U.S. intellectual property rights at will and without recourse. However, many commentators, including former U.S…more

China, Comment Period, Intellectual Property Protection, Proposed Rules, State Administration for Market Regulation (SAMR)

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Alaska Releases Online Portal for Alcohol Licenses and Permits

Alaska's Alcohol & Marijuana Control Office (AMCO) on Sept. 18, 2023, released the much-anticipated Alaska Alcohol and Cannabis Information System (AK-ACCIS), an online web portal that will allow entities to apply for, renew and…more

Alcohol Beverage Control, Change of Ownership, License Renewals, Licenses, Liquor Control Boards

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What to Know About the New Artificial Intelligence Executive Order

President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns…more

Artificial Intelligence, Biden Administration, Cybersecurity, Defense Production Act, Executive Orders

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Commercializing Your Startup's Big Secret Without Losing Its Value (Part 2)

In our first post, we discussed the scope of trade secret protection, as well as how a trade secret is established and enforced. In this second post, we discuss trade secret “hygiene” – that is, best practices for maintaining…more

Best Practices, Data Security, Entrepreneurs, Non-Disclosure Agreement, Policies and Procedures

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A Commitment to Community: The Black Affinity Group's Mission and Impact

Holland & Knight's Diversity Council and Black Affinity Group are proud to celebrate Black History Month and honor the generations of Black Americans who have enriched our nation's history and continue advancing progress…more

Career Development, Law Firm Partners, Professional Development, Professional Networking, Young Lawyers

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Jobs Act Directs Private Activity Bonds to Clean Energy, Carbon Capture

The bipartisan Infrastructure Investments and Jobs Act (IIJA), signed into law in November 2021, provides a "once in a generation" investment into the nation's infrastructure. In addition to making significant investments in…more

Biden Administration, Bonds, Carbon Capture and Sequestration, Clean Energy, Infrastructure

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China Practice Newsletter: July-August 2019

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making…more

Arbitration, Board of Directors, Breach of Duty, California Consumer Privacy Act (CCPA), CEOs

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Texas Governor's Executive Orders Take First Steps Toward Reopening of State

Texas Gov. Greg Abbott on April 17, 2020, issued a series of three Executive Orders relating to the COVID-19 crisis. The first, GA-15, relates to hospital capacity; the second, GA-16, relates to the reopening of select services…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Abbott, Hospitals

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EEOC Revises Conciliation Procedures, Creating Win-Win for Respondents and Claimants

Confidentiality. Transparency. Clear and substantive bases for a finding of reasonable cause. Prompt resolution that avoids drawn-out and costly litigation. All of this sounds like a win-win for employers and employees looking…more

Amended Rules, Conciliation, Equal Employment Opportunity Commission (EEOC)

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DOJ's Annual False Claims Act Statistics: Relators Forging Ahead with Success

The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY). Up front, we see the following key takeaways ..…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Federal Contractors

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FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity to…more

Advertising, Carbon Off-Set Credits, Climate Change, Environmental Claims, Environmental Social & Governance (ESG)

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What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing…more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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Holland & Knight's Energy and Natural Resources Quarterly Newsletter: Spring 2021

Holland & Knight invites you to read the Spring 2021 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and…more

Agricultural Sector, Biden Administration, Clean Energy, Clean Tech, Colombia

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FTC Hosts Artificial Intelligence Technology Summit

The Federal Trade Commission (FTC) held a virtual FTC Tech Summit focused on artificial intelligence (AI) and AI's impact on competition and consumers on Jan. 25, 2024. The half-day event featured a diverse set of speakers from…more

Artificial Intelligence, Capital Investments, Cloud Service Providers (CSPs), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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Tenth Circuit Dismisses Claims Related to High-Cost Funds, High Recordkeeping Fees

The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan…more

Appeals, Appellate Courts, Benchmark Pricing, Benefit Plan Sponsors, Breach of Duty

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Food and Beverage Law Update: October 2020

More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19. Insureds…more

Agricultural Sector, Antitrust Violations, Business Interruption, Class Action, Commercial Insurance Policies

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New Jersey Expands Real Property Owners' Flood Notification Obligations

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),…more

Buyers, Climate Change, Commercial Leases, Compliance, Consumer Fraud

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New York's 5 Percent Retainage Law Underscores Construction Contract Drafting

New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The…more

Amended Legislation, Construction Contracts, Contract Drafting, Contract Terms, Effective Date

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Transfer Tax Considerations Under the Tax Cuts and Jobs Act

• The U.S. House of Representatives and Senate ushered H.R. 1, the Tax Cuts and Jobs Act (the Act), through conference committee, and President Donald Trump signed the Act into law on Dec. 22, 2017. • Most of the Act's…more

Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer, Gift Tax

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U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee…more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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GAO Annual Report FY 2023: Protests, Sustains Up Due Largely to a Single Procurement

The U.S. Government Accountability Office (GAO) recently issued its annual report to Congress on bid protests for Fiscal Year 2023…more

Annual Reports, Bid Protests, Federal Contractors, GAO, Public Procurement Policies

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DOL Releases Cybersecurity Best Practices Guidance for Protecting Retirement Benefits

For the first time, the U.S. Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) has released cybersecurity guidance aimed at protecting workers' retirement benefits. The guidance, which was released by…more

Benefit Plan Sponsors, Best Practices, CBSA, Cybersecurity, Department of Labor (DOL)

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DOJ Announces New Whistleblower Financial Rewards Program in Effort to Combat Corporate Crime

U.S. Deputy Attorney General Lisa Monaco announced the creation of a new U.S. Department of Justice (DOJ or Department) Whistleblower Rewards Program at the 39th Annual ABA White Collar National Institute in San Francisco March…more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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New Tri-Seal Compliance Note Issued to Non-U.S. Persons

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal…more

Bureau of Industry and Security (BIS), Compliance, Criminal Prosecution, Department of Justice (DOJ), Economic Sanctions

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Charitable Giving Tips to Provide Help and Hope During the COVID-19 Crisis

The coronavirus pandemic causing the disease known as COVID-19 is dramatically impacting nearly all countries around the globe, and now is spreading within the United States. This pandemic likely will cost far more economically…more

Charitable Donations, Charitable Organizations, Coronavirus/COVID-19, Nonprofits, Tax Exempt Entities

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Transit Agency Advertising: Reasoned Approach Needed for Evaluating Political Ads

There's likely no mode of transportation that President-Elect Joe Biden savors more than public rail. A September 2020 ruling by the U.S. Court of Appeals for the Third Circuit holding the Southeastern Pennsylvania…more

Advertising, Advertising Standards Authority, Appeals, Biden Administration, First Amendment

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President Signs HAVEN Act to Assist Veterans in Bankruptcy Matters

President Donald Trump on Aug. 23, 2019, signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) into law. The HAVEN Act was introduced in the U.S. House of Representatives by Lucy McBath (D-Ga.) and Greg…more

Chapter 13, Chapter 7, Consumer Bankruptcy, Disability Benefits, New Legislation

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Se acerca fecha límite para postularse al incentivo de nuevos empleos en Colombia

La Ley 2294 de 2023 por la cual se expidió el "Plan Nacional de Desarrollo 2022-2026", como parte de las medidas encaminadas a la promoción, generación y protección de empleo formal, amplió la vigencia del incentivo para la…more

Amended Legislation, Economic Development, Incentives, Job Creation

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Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties…more

American Hospital Association, Business Associates, Class Action, Covered Entities, Department of Health and Human Services (HHS)

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Podcast: The Impact of the Inflation Reduction Act on the Loan Programs Office

In this episode of our Public Policy & Regulation Group's Eyes on Washington podcast series, energy attorney Taite McDonald is joined by Jigar Shah, Executive Director of the U.S. Department of Energy’s (DOE) Loan Programs…more

Climate Change, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented…more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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Oversight and Investigations Related to COVID-19 Pandemic Spending and Federal Programs

The president signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), providing $2.2 trillion of emergency appropriations. The CARES Act provides a wide range of economic relief for…more

CARES Act, Congressional Oversight, Coronavirus/COVID-19, False Claims Act (FCA), GAO

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Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department of…more

Affirmative Action, Biden Administration, Civil Rights Act, College Admissions, Colleges

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Sen. Grassley Introduces Bipartisan False Claims Amendments Act of 2023

Continuing his long and storied history of pushing for stronger enforcement of the False Claims Act (FCA), Sen. Chuck Grassley (R-Iowa) recently led a bipartisan group of senators in introducing the False Claims Amendments Act…more

False Claims Act (FCA), Federal Contractors, Judicial Review, Materiality, Proposed Amendments

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Libor Steaming Toward June 2023 Transition

The U.S. dollar London Interbank Offered Rate (Libor) publication is scheduled to end by June 30, 2023. With roughly nine months to go as of this writing, parties still have time to make modifications to existing debt…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Benchmarks, Contract Terms, Derivatives

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Shall We Consider the Use of the Word "Shall" Again?

Holland & Knight recently advised on the use of the word "shall" in legal documents. If the authors' arguments in the June 6, 2021, blog post, "Canceling the Word 'Shall' in Leases, Contracts and Legal Forms," were not…more

Bankruptcy Code, Contract Drafting, Contract Terms, Corporate Counsel, Young Lawyers

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Export Credit Agency Financing and the Aviation Industry: What Does the Future Hold?

The use of Export Credit Agency (ECA) financing in the aviation industry has ebbed and flowed over the years, and it is often during turbulent times that it has proved to be most popular. Given the current COVID-19 pandemic and…more

Airbus, Aircraft Financing, Aviation Industry, Boeing, Coronavirus/COVID-19

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Government Shutdown Advisory: Summary of Contingency Plans for Lapse in Appropriations

The federal fiscal year for 2024 (FY 2024) begins on Oct. 1, 2023, and if appropriations bills have not been enacted before that date or a temporary funding measure – known as a continuing resolution (CR) – has not been enacted,…more

Administrative Agencies, Appropriations Bill, Contingency Plans, Continuing Resolution, Federal Budget

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U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a…more

Collective Bargaining, Commercial Truck Drivers, NLRA, NLRB, Preemption

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the…more

Citizenship, CMBS, Commercial Mortgage Securitization, Commercial Mortgages, Coronavirus/COVID-19

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To Compete or Non-Compete: Rulemaking Proposal Aims to Ban Non-Competes Nationally

A majority of states currently recognize the enforceability of non-compete agreements to some extent. Generally, these agreements prohibit employees from working in the same or similar profession for a period of time following…more

Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Florida Commercial Rent and License Fees May See Decrease Under New Law

Unlike most states, Florida imposes a sales tax on commercial rent or license fees, regardless of the length of the term. During the most recent legislative session, the Florida legislature passed and Gov. Ron DeSantis signed…more

Commercial Leases, Commercial Property Owners, Coronavirus/COVID-19, Governor DeSantis, License Fees

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U.S. Copyright Office Wants to Hear Your Comments and Concerns About Artificial Intelligence

If your business currently uses artificial intelligence (AI), is considering using AI in the future or is concerned about how AI may impact your business, the U.S. Copyright Office wants to hear from you. Earlier this year, the…more

Artificial Intelligence, Authorship, Comment Period, Copyright, Copyright Office

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New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods and…more

Attorney's Fees, Business Interruption, Claim Procedures, Denial of Insurance Coverage, Homeowners

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Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous…more

CERCLA, Clean Water Act, Congressional Committees, Congressional Investigations & Hearings, Contaminated Properties

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Antitrust Considerations for Healthcare Joint Ventures

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Corporate Practice of Medicine

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DOE Loan Programs Office: 2023 Updates, Overview and Key Insights

Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan…more

Biden Administration, Clean Energy, Climate Change, Congressional Committees, Congressional Investigations & Hearings

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Alcohol Consumption Guidelines: A Warning Shot for the Industry

The World Health Organization (WHO) on Jan. 4, 2023, released a statement that there is no "safe" level of alcohol consumption that does not affect health.1 In collaboration with international partners, the WHO spearheaded the…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Dietary Guidelines, National Academy of Sciences (NAS), Public Health

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FEC Enforcement Trends: Federal Contractors in the Crosshairs

In the last several years, the Federal Election Commission (FEC or Commission) has significantly stepped up enforcement of one provision of federal campaign finance laws, commonly referred to as the "Federal Contractor Ban." To…more

Campaign Contributions, Campaign Finance Reform, Enforcement, Federal Contractors, Federal Election Commission (FEC)

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FTC Moves to Ban Non-Competes: What Employers Need to Know Now

The Federal Trade Commission (FTC) proposed a rule on Jan. 5, 2023, prohibiting non-competition clauses ("non-competes") in employment agreements. For purposes of the rule, non-compete provisions include explicit and de facto…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR Tactical,…more

Bid Protests, Competitive Bidding, Contract Drafting, Federal Contractors, Florida

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DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are…more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Waters of the United States Rule Revised in Response to Sackett Decision

The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2…more

Biden Administration, Clean Water Act, Environmental Protection Agency (EPA), Jurisdiction, Legal History

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California's 2024 Housing Laws: What You Need to Know

The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the…more

Accessory Dwelling Units (ADUs), Affordable Housing, CEQA, Density Bonus, Environmental Impact Report (EIR)

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The Other Price Transparency Shoe Has Dropped: FTC Proposal Targets Consumer Sales "Junk Fees"

The Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that would make it an unfair and deceptive practice to misrepresent the total costs of goods and services by omitting mandatory fees from…more

Advertising, Enforcement Priorities, Federal Trade Commission (FTC), Fees, Goods or Services

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The Corporate Transparency Act: FinCEN Clarifies the Subsidiary Rule Exemption

The Corporate Transparency Act (CTA) entered into force on Jan. 1, 2024. Under the beneficial ownership information reporting rule of the CTA, certain entities – such as corporations, limited liability companies and other…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Customer Due Diligence (CDD), Deadlines

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2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of the…more

Air Quality Standards, Bodily Injury, CERCLA, Certifications, Compliance

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Negotiating Cost Share in Technology Investment Agreements

Note: This is the second article in our series on capturing industrial base funding from the U.S. Department of Defense In our last post, we discussed the Defense Production Act (DPA) and Technology Investment Agreement (TIA),…more

Competitive Bidding, Contract Terms, Cost-Sharing, Defense Production Act, Department of Defense (DOD)

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Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy going…more

Appeals, Class Action, Colleges, Coronavirus/COVID-19, Litigation Strategies

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Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that…more

Alcohol Beverage Control, All Natural, Americans with Disabilities Act (ADA), Antitrust Litigation, Arbitration

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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Why Florida Commercial Landlords Should Push for Rent Determination Hearings Under Section 83.232

The Florida Legislature intended for commercial tenant evictions to proceed quickly under Florida's summary procedure statute. See §§ 51.011, 83.21, Fla. Stat. (2021). Nevertheless, securing a prompt hearing comes with many…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Eviction

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Curran Butcher Shares the Power of Being True to Yourself and Finding Community

Holland & Knight's Diversity Council and LGBTQ Affinity Group were proud to celebrate Pride Month and engage in the conversation for equality and embrace our diverse community by coming together without exception and supporting…more

Diversity, Diversity and Inclusion Standards (D&I), Equality Act, LGBTQ, Marketing

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ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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FMCSA Issues Final Rule on Financial Security Requirements

The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should…more

Brokers, Compliance, Compliance Dates, Enforcement Authority, Final Rules

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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Offering of Warranties in Colombia: A Guide by the Superintendence of Industry and Commerce

The Superintendence of Industry and Commerce (SIC), the national authority in charge of protecting and guaranteeing free and fair economic competition in Colombia, issued this current year the Offering of Warranties Guide (the…more

Anti-Competitive, Antitrust Investigations, Antitrust Provisions, Colombia, Competition

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Autorización para laborar horas extras deberá ser renovada en Colombia

El Ministerio del Trabajo de Colombia mediante Resolución 3031 del 30 de agosto de 2023, estableció la obligatoriedad de renovar aquellas autorizaciones para laborar horas extras que no cuenten con un término de vigencia…more

Colombia, Ministry of Labour, Over-Time, Wage and Hour

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Se acerca fecha límite para postularse al incentivo de nuevos empleos en Colombia

La Ley 2294 de 2023 por la cual se expidió el "Plan Nacional de Desarrollo 2022-2026", como parte de las medidas encaminadas a la promoción, generación y protección de empleo formal, amplió la vigencia del incentivo para la…more

Amended Legislation, Economic Development, Incentives, Job Creation

See all updates »

Second Circuit Upholds Dismissal of ESOP Lawsuit for Lacking Article III Standing

In Plutzer v. Bankers Trust, the U.S. Court of Appeals for the Second Circuit affirmed dismissal by the U.S. District Court for the Southern District of New York de novo; and emphasized that a plaintiff must allege concrete,…more

Article III, Business Valuations, Class Action, Dismissals, Employee Retirement Income Security Act (ERISA)

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New Jersey Expands Real Property Owners' Flood Notification Obligations

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),…more

Buyers, Climate Change, Commercial Leases, Compliance, Consumer Fraud

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Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered…more

Best Practices, Class Action, Cyber Attacks, Cybersecurity, Data Breach

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Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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New OSHA Rule for Injury and Illness Reporting Affects Up to 52,000 Employers

Current Occupational Safety and Health Administration (OSHA) recordkeeping requirements, codified at 29 C.F.R. Part 1904, mandate that covered employers record certain work-related injuries and illnesses sustained by employees…more

Covered Employer, Effective Date, Electronic Filing, New Rules, OSHA

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Colorado House Passes Fracking Measure, Supports More Local Input Over Projects

The Colorado legislature took an important step toward solidifying greater community-control leverage over fracking operations via HB18-1071, introduced by State Rep. Joe Salazar (D-Adams) in January 2018. The bill would amend…more

Appeals, Attorney General, Balancing Test, Certiorari, CO Supreme Court

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The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in the…more

Administrative Procedure, California Air Resources Board, California Endangered Species Act, CEQA, CEQA Reform

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Tout, Tout, Let It All Out: SEC Continues Crackdown on Celebs, Athletes Touting Digital Assets

Former NBA player and Hall of Famer Paul Pierce is the latest celebrity cryptocurrency promoter to get caught in the net of the anti-touting provisions of federal securities laws. In a recent settled order issued by the SEC, the…more

Athletes, Celebrity Endorsements, Cryptocurrency, Digital Assets, Endorsements

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A Journey from Guyana to the Boardroom with Kelly-Ann Gibbs Cartwright

Welcome to Holland & Knight's new video series, "Women in Leadership." Throughout this series, we will shine a spotlight on the outstanding women within our firm, celebrating their achievements, stories and the powerful impact…more

Career Development, Diversity and Inclusion Standards (D&I), Firm Leadership, Law Firm Associates, Law Firm Partners

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El Consejo de Estado de Colombia cambia la forma de contabilizar el término para apelar

No es para menos que el Consejo de Estado de Colombia haya unificado jurisprudencia en materia de notificaciones de los fallos, dado que la Ley 1437 de 2011 ha sufrido importantes cambios en razón de varias leyes recientemente…more

Colombia, Notice Requirements, Rules of Civil Procedure

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Podcast: Discussing Florida’s 2024 Legislative Session

In this episode of our “Florida Capital Conversations” podcast series, policy advisors Kimberly Case, Tori Deal, Jon Steverson and Beth Vecchioli join together to discuss the 2024 regular legislative session in Florida. They…more

Florida, Legislative Agendas, New Legislation, State and Local Government, State Budgets

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Monica Vila Castro Discusses the Importance of Embracing Your Background and Learning from It

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in…more

Business Development, Career Development, Diversity, Firm Leadership, Heritage & Culture

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FMC Issues Proposed Rule on OSRA Refusal to Deal on Vessel Space Accommodations

The Federal Maritime Commission (FMC) announced on Sept. 13, 2022, that it is seeking public comment on a Notice of Proposed Rulemaking (NPRM) addressing what constitutes an unreasonable refusal to deal or negotiate with respect…more

Common Carriers, Federal Maritime Commission, Maritime Transport, NPRM, Proposed Rules

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Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act…more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

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Court Affirms Housing Applicants' Ability to Be Vested Against Downzonings

O'Brien Land Company's more than a decade-long odyssey to build 315 zoning-compliant homes – chronicled in Conor Dougherty's book Golden Gates: Fighting for Housing in America – has become the stuff of housing law legend,…more

Affordable Housing, Appeals, Environmental Impact Report (EIR), Housing Developers, Housing Market

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New York Employers Beware: State's Social Media Privacy Law Became Effective March 12, 2024

New York Gov. Kathy Hochul signed two bills on Sept. 14, 2023, Assembly Bill 836 (A836) and Senate Bill 2518A (S2518A). The law applies to personal social media accounts, defined as "an account or profile on an electronic medium…more

Anti-Retaliation Provisions, Best Practices, Job Applicants, New Legislation, Social Media

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Holland & Knight's China Practice Newsletter: January-February 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ...Patterns of Trade Secret Issues ...Fiduciary Responsibilities When…more

Business Court, Fiduciary Duty, Intellectual Property Protection, Internal Investigations, Trade Secrets

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Top Challenges in the Fight Against Corruption in Mexico in 2024

Mexico’s Transparency International Corruption Perception Index (CPI) was published on Jan. 30, 2024. It aims to annually evaluate countries regarding the level of corruption perceived in the public sector. The CPI evaluates 180…more

Anti-Corruption, Compliance, Corporate Culture, Corporate Officers, Corruption

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Watts What You Say? SEC Brings a Battery of Charges Against EV Startup Company

The SEC on Feb. 29, 2024, announced settled charges against Lordstown Motors Corp. (Lordstown) for allegedly misleading investors about sales prospects for the Endurance, Lordstown's flagship pickup truck for the electric…more

Auditor Independence, Audits, Cease and Desist Orders, Commercial Bankruptcy, Disgorgement

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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DAOs, Procedural Perversity and the Metaverse

It is said that in the course of studying for his citizenship test, the mathematician, logician and philosopher Kurt Gödel discovered an "inner contradiction," or loophole, in the U.S. Constitution, whose discovery threatened to…more

Blockchain, Corporate Governance, Decentralized Autonomous Organization (DAO), Governance Standards, Intellectual Property Protection

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Consumer Financial Protection Bureau Proposes New Financial Data Portability, Security Rules

The Consumer Finance Protection Bureau (CFPB) on Oct. 19, 2023, proposed a new Personal Financial Data Rights rule (Proposal) through which it seeks to increase competition in the financial sector. The Proposal was developed in…more

Aggregation Rules, Comment Period, Competition, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing…more

Board of Directors, Contract Terms, Corporate Governance, EBITDA, Investment Companies

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In Blow to Renewables, Ninth Circuit Mostly Upholds FERC's PURPA Reforms

The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal…more

Administrative Procedure Act, Chevron v NRDC, Energy Market, Energy Reform, Energy Sector

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U.S. Tax Court Holds Bond Financing Costs Are Includible in LIHTC Basis

A U.S. Tax Court decision entered on Feb. 20, 2024, in 23rd Chelsea Associates LLC v. Commissioner of Internal Revenue held that bond issuance and related financing costs incurred in connection with the development of a…more

Affordable Housing, Audits, Bond Financing, Construction Project, General Contractors

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal Trade…more

Advertising, Communications Decency Act, Endorsements, Enforcement, Enforcement Actions

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New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust…more

Commercial Loans, IDOT, Tax Exemptions

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Intellectual Property Offices and Courts Close, Reduce Services Amid COVID-19 Pandemic

Intellectual property courts and offices across North and South America are implementing steps to help contain the spread of the COVID-19 disease. Holland & Knight's Intellectual Property Group has created a reference sheet for…more

Coronavirus/COVID-19, Court Closures, Emergency Response, Government Shutdown, Intellectual Property Protection

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COVID-19: SEC Extends Conditional Exemptions from Reporting and Proxy Delivery Requirements

The U.S. Securities and Exchange Commission (SEC) issued an order (Order) on March 25, 2020, extending the filing periods for public companies and persons required to make any filings with respect to a public company that are…more

Coronavirus/COVID-19, Corporate Governance, Filing Deadlines, Publicly-Traded Companies, Relief Measures

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Emerging Technology in the FY24 NDAA

In this episode of our Eyes on Washington Podcast Special Miniseries about the National Defense Authorization Act (NDAA), national security attorney Dan Sennott sits down with corporate and securities attorney David Cole and…more

Emerging Technologies, Emerging Technology Companies, Federal Contractors, National Security, NDAA

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The Ex-Im Bank as Biden Begins

For several years, until May 2019, the Export-Import Bank of the United States (Ex-Im Bank) lacked sufficient directors to field a quorum for approval of any new commitments for transactions other than to approve short-term to…more

Aircraft, Airlines, Banking Sector, Biden Administration, Borrowers

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Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous…more

CERCLA, Clean Water Act, Congressional Committees, Congressional Investigations & Hearings, Contaminated Properties

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Third Circuit Affirms Application of "Reasonable Reader" Test Under FCRA

The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq…more

Appeals, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Objective Standard

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What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing…more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

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FERC Issues Notice of Inquiry to Update Rules on Allocating Interstate Pipeline Capacity

In response to a Petition for Rulemaking filed on June 22, 2022 (Petition), the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Inquiry (NOI) on March 21, 2024, seeking additional information…more

Auction, Comment Period, Energy Projects, Energy Sector, FERC

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[Webinar] Financial Services Regulatory Crystal Ball Outlook for 2024 - January 24th, 12:00 pm - 1:00 pm EST

Please join Holland & Knight's Financial Services Regulatory Team for a roundtable discussion on what to expect on the financial services landscape in 2024. Our attorneys will present on a wide range of topics in a "3-Minute…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, BSA/AML, Consumer Financial Products

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NLRB Increases Penalties for Repeat Labor Law Violators

The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the remedies…more

Bad Faith, Contract Negotiations, NLRA, NLRB, Remedies

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Florida Enacts a New Revised Limited Liability Company Act

On May 3, 2013, as the last act of the 2013 Florida Legislature, the House passed into law the new Florida Revised Limited Liability Company Act (the "New LLC Act") in the form of Senate Bill 1300, and as amended, House Bill…more

Amended Legislation, Limited Liability Company (LLC), New Legislation, RULLCA

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Holland & Knight Defense Situation Report: February 2024

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments…more

Appropriations Bill, Biden Administration, China, Congressional Committees, Congressional Investigations & Hearings

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U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless…more

Choice-of-Law, Common Law Claims, Forum Selection, Insurance Contracts, Insurance Industry

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Public Call for Interest in Public-Private Partnership for Construction of Airport in Colombia

Colombia’s National Infrastructure Agency (Agencia Nacional de Infraestructura or ANI) launched the public call for the invitation of third parties interested in the project whose purpose is the financing, preparation of studies…more

Airports, Colombia, Construction Contracts, Deadlines, Design-Build

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The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number…more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy going…more

Appeals, Class Action, Colleges, Coronavirus/COVID-19, Litigation Strategies

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Regulatory Changes Impact Leasehold Condominiums in New York

The leasehold condominium structure has become a popular way for landlords and nonprofit entities to establish or modify their relationship to permit space that the nonprofit would formerly lease to qualify for a real property…more

Condominiums, Leaseholds, Leases, Nonprofits, NYDFS

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What Florida Businesses Need to Know about the COVID-19 Response

This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Government Shutdown

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Biden's American Families Plan Proposes Income Tax Hikes

The American Families Plan is the third part of the Biden Administration's Build Back Better agenda, addressing "human infrastructure" and containing proposals on free education, direct support to children and families, and the…more

Biden Administration, Capital Gains, Carried Interest, Dividends, Income Taxes

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Holland & Knight Health Dose: April 16, 2024

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector…more

Cannabidiol (CBD) oil, Congressional Committees, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Department of Defense Releases Long-Awaited CMMC Proposed Rule

Two years after announcing the second iteration of the U.S. Department of Defense's (DoD) Cybersecurity Maturity Model Certification (CMMC) program, the DoD released its proposed rule that, if adopted, will implement the…more

Certification Requirements, Code of Federal Regulations (CFR), Compliance, Controlled Unclassified Information (CUI), Cybersecurity

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Inflation Reduction Act Direct Pay Rules Finalized

The U.S. Department of the Treasury and IRS released final regulations under Section 6417 of the Internal Revenue Code, as enacted by the Inflation Reduction Act (IRA). Section 6417 allows certain taxpayers to elect to receive a…more

Cash Value, Clean Energy, Comment Period, Final Rules, Inflation Reduction Act (IRA)

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Federal Jurisdiction Limited When Confirming or Setting Aside Domestic Arbitration Awards

In a recent decision involving arbitration, the U.S. Supreme Court held that federal courts do not have subject-matter jurisdiction to confirm or vacate a domestic arbitration award under Sections 9 and 10 of the Federal…more

Arbitration, Arbitration Awards, Badgerow v Walters, Federal Arbitration Act, Federal Jurisdiction

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Hipótesis de Negocio en Marcha

En el quinto episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés Mejía conversa con Gustavo Cuberos, socio del área de reestructuraciones e insolvencia, sobre la hipótesis de negocio en marcha como causal de…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Insolvency

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Aspectos relevantes de la última reforma laboral presentada en Colombia

El Gobierno Nacional el 24 de agosto de 2023 presentó ante la Cámara de Representantes el Proyecto de Ley No. 166, por medio del cual se adopta una reforma laboral para el trabajo digno y decente en Colombia. A continuación, se…more

Colombia, Employee Benefits, Employee Rights, International Labor Laws, Labor Reform

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14 de febrero de 2024 vence el plazo para el pago de cesantías en Colombia

El auxilio de cesantías en Colombia es una prestación social que tiene como finalidad formar un ahorro en caso de que el trabajador se quede sin trabajo. Lo anterior, sirve de auxilio y se pagan al finalizar el contrato de…more

Colombia, Employment Contract, Federal Labor Laws, Hiring & Firing, International Labor Laws

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Reforma a la Ley del Mercado de Valores en México

Se publicó en el Diario Oficial de la Federación, el 28 de diciembre de 2023, el decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley del Mercado de Valores y de la Ley de Fondos de Inversión en…more

Effective Date, Mexico, New Legislation, New Regulations, Regulatory Authority

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FTC and DOJ Continue to Turn Up Antitrust Heat on Healthcare Industry

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry as…more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Department of Justice (DOJ), Enforcement

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What Florida Businesses Need to Know about the COVID-19 Response

This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Government Shutdown

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SEC, Nasdaq Square Off Against Challengers to Nasdaq's Board Diversity Rule

The SEC was once again before the U.S. Court of Appeals for the Fifth Circuit on Aug. 29, 2022, this time in connection with the agency's approval of the Nasdaq Stock Market LLC's (Nasdaq) Board Diversity Rule (Rule). The Rule…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Listing Standards

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U.S. Senate Approves Highly Anticipated U.S.-Chile Income Tax Treaty

The U.S. Senate, in a vote of 95-2 on June 22, 2023, approved a Resolution of Advice and Consent (the Resolution) to ratify the Convention Between the Government of the United States of America and the Government of the Republic…more

Chile, Double Taxation, Tax Treaty

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Reducen tarifas de retención y autorretención para el sector minero e hidrocarburos en Colombia

El Gobierno Nacional de Colombia modificó mediante el Decreto 0242 de 2024 las tarifas de retención y autorretención aplicables a las empresas del sector minero y de hidrocarburos. Estas modificaciones fueron realizadas con base…more

Coal, Colombia, Crude Oil, Energy Sector, Hydrocarbons

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ACA Reform – What Comes Next?

The chances that Congress will continue trying to repeal or replace the Affordable Care Act (ACA) have significantly reduced, as the Senate is determined to instead proceed with a tax cut or tax reform…more

Affordable Care Act, Health Insurance, Healthcare Reform, Legislative Agendas, Repeal

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Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events…more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

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SEC, Nasdaq Square Off Against Challengers to Nasdaq's Board Diversity Rule

The SEC was once again before the U.S. Court of Appeals for the Fifth Circuit on Aug. 29, 2022, this time in connection with the agency's approval of the Nasdaq Stock Market LLC's (Nasdaq) Board Diversity Rule (Rule). The Rule…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Listing Standards

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Tax Court: Conservation Easement Proceeds Regulation Is Procedurally Invalid Under APA

In holding that that Treas. Reg. § 1.170A-14(g)(6)(ii) (Proceeds Regulation) is procedurally invalid under the Administrative Procedure Act (APA), the U.S. Tax Court abandoned its precedent in Oakbrook Land Holdings, LLC v…more

Administrative Procedure Act, Chevron Deference, Conservation Easements, Easements, Fair Market Value

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Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification

In Flint v. United States, 2022 WL 3593826 (Fed. Cl. 2022), the court held that the executors of an estate could not recover a six-figure "Title 26 miscellaneous offshore penalty" (MOP) the decedent paid to the Internal Revenue…more

Audits, Breach of Contract, Foreign Bank Accounts, Income Taxes, IRS

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Frances Guasch De La Guardia Shares How Staying Rooted in Her Culture Has Inspired Her to Give Back

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in…more

Career Development, Heritage & Culture, Leadership

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Boston Passes Ambitious Ordinance Targeting Zero Emissions for Large Buildings by 2050

Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended…more

Building Codes, Carbon Emissions, Climate Change, Green Buildings, Greenhouse Gas Emissions

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Podcast: Discussing Florida’s 2024 Legislative Session

In this episode of our “Florida Capital Conversations” podcast series, policy advisors Kimberly Case, Tori Deal, Jon Steverson and Beth Vecchioli join together to discuss the 2024 regular legislative session in Florida. They…more

Florida, Legislative Agendas, New Legislation, State and Local Government, State Budgets

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Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the…more

Beverage Manufacturers, Class Action, Deceptively Misdescriptive, Disparagement, Distributors

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Holland & Knight Data Privacy and Security Report: December 2023

Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments…more

Artificial Intelligence, Continuing Resolution, COPPA, Corporate Counsel, Cybersecurity

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U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation applies…more

Abrogation, Bankruptcy Code, Government Entities, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Legal History

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Politics in the Workplace: Preserving Employee Productivity and Harmony During Election Season

Everyone has experienced "workplace politics" (in which Type A employees claw their way to the top ahead of co-workers) as well as "politics in the workplace" (in which employees argue about candidates for office and political…more

Employer Liability Issues, Employment Policies, General Elections, Political Expression, Presidential Elections

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Second Circuit: Submerged Electrical Transmission Cable Is a "Facility" Under Oil Pollution Act

In a matter of first impression, the U.S. Court of Appeals for the Second Circuit has ruled that an oil-filled submerged electrical transmission cable is a "facility" under the Oil Pollution Act of 1990 (OPA). Power Authority of…more

Electricity, Energy Sector, Oil & Gas, Oil Pollution Act of 1990 (OPA 90), Transmission Lines

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Key Considerations for Companies Looking to Exit Oil and Gas Projects

The Eagles, in their popular song "Hotel California," were prophetic when singing, "You can check out any time you like, but you can never leave." Oil and gas companies today may find it increasingly difficult to exit oil and…more

Change of Control, Energy Projects, Energy Sector, Exit Strategies, Joint Operating Agreement

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SEC Cybersecurity Rules: Considerations for Incident Response Planning

The new Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rules (Final Rules) adopted by the U.S. Securities and Exchange Commission (SEC) were published in the Federal Register on Aug. 4, 2023, and…more

Corporate Governance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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The Other Price Transparency Shoe Has Dropped: FTC Proposal Targets Consumer Sales "Junk Fees"

The Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that would make it an unfair and deceptive practice to misrepresent the total costs of goods and services by omitting mandatory fees from…more

Advertising, Enforcement Priorities, Federal Trade Commission (FTC), Fees, Goods or Services

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Virtual Currency: The Taxman is Coming

Virtual currency transactions are now a prime focus of Internal Revenue Service (IRS) scrutiny. The IRS has numerous information-gathering tools to enforce its taxing power, including summons, artificial intelligence, data…more

AICPA, Criminal Investigations, Cryptocurrency, Digital Currency, FBAR

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Employee and Benefits Considerations When Doing Business in the United States Checklist

Expanding your international business into the United States is an exciting but sometimes daunting venture when it comes to the myriad rules and regulations at play governing employees and benefits. This alert endeavors to…more

Employee Benefits, Employer Responsibilities, Multinationals

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Corte Constitucional declaró inexequibles límites al Régimen Simple de Tributación en Colombia

Mediante reciente Sentencia C-540/23, la Corte Constitucional de Colombia declaró inexequibles las normas de la Ley 2277 de 2022 de Reforma Tributaria aprobada el año pasado, y que incluyeron limitaciones diferenciales en cuanto…more

Colombia, Constitutional Courts, Professional Services Companies, Tax Rates, Tax Reform

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Colombia: Superintendencia de Sociedades mantiene competencia para conflictos societarios

El refranero popular considera que se ha armado una tempestad en un vaso de agua, cuando por alguna razón las consecuencias de un hecho nimio desbordan su propia causa y generan una conmoción injustificada…more

Colombia, Constitutional Challenges, Constitutional Courts, Decisions, Media

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Revised Hart-Scott-Rodino Thresholds Take Effect March 6, 2024

The Federal Trade Commission (FTC) recently announced revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after March 6, 2024. The…more

Acquisitions, Antitrust Division, Antitrust Provisions, Civil Monetary Penalty, Department of Justice (DOJ)

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The CFPB's Rule to Remove Medical Debt from Credit Reports

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB's Rule to Remove Medical Debt from Credit Reports," consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB)…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Credit Reports, Financial Institutions

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Authorized Access of Proprietary Information and Impact on CFAA Claim

Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business. In these inevitable scenarios, the loss – potential or actual – of the company's proprietary…more

Computer Fraud and Abuse Act (CFAA), Data Security, Former Employee, Misappropriation, Proprietary Information

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Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations for…more

Big Ten Conference, College Athletes, Colleges, Compliance, Department of Education

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Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a…more

Appeals, En Banc Review, Energy Projects, Energy Sector, Jones Act

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Alcohol Consumption Guidelines: A Warning Shot for the Industry

The World Health Organization (WHO) on Jan. 4, 2023, released a statement that there is no "safe" level of alcohol consumption that does not affect health.1 In collaboration with international partners, the WHO spearheaded the…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Dietary Guidelines, National Academy of Sciences (NAS), Public Health

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Antitrust Considerations for Healthcare Joint Ventures

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Corporate Practice of Medicine

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Transfer Tax Considerations Under the Tax Cuts and Jobs Act

• The U.S. House of Representatives and Senate ushered H.R. 1, the Tax Cuts and Jobs Act (the Act), through conference committee, and President Donald Trump signed the Act into law on Dec. 22, 2017. • Most of the Act's…more

Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer, Gift Tax

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USCIS Takes First Step Toward Modernization of the H-1B Program

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,…more

F-1 Visa, Final Rules, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Canceling the Word "Shall" in Leases, Contracts and Legal Forms

The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and arduous…more

Commercial Leases, Contract Drafting, Contract Terms, Standard Forms

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Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half…more

American Arbitration Association, Arbitration, Arbitration Fees, Breach of Contract, Cal Code of Civil Procedure

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A Warning to Issuers: SEC Charges City and Two Officials with Fraud

In a first-time use of the Dodd-Frank Act, the U.S. Securities and Exchange Commission (SEC) has charged Allen Park, Mich., its former mayor and its former city administrator with fraud in connection with $31 million in…more

Dodd-Frank, Enforcement Actions, Municipal Securities Issuers, Popular, Public Officials

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Tenth Circuit Dismisses Claims Related to High-Cost Funds, High Recordkeeping Fees

The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan…more

Appeals, Appellate Courts, Benchmark Pricing, Benefit Plan Sponsors, Breach of Duty

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Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors…more

Anti-SLAPP, Defamation, First Amendment, Johnny Depp, Jury Trial

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Rethinking the Landlord/Tenant Relationship in Retail

As a result of the COVID-19 pandemic, landlords/owners have frequently been forced to renegotiate leases with, or take back space from, restaurant, gym, movie theater and other retail tenants that have little to no credit and…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news…more

Celebrities, Commercial Use, Copyright, Copyright Litigation, Fair Use

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No Harm, No Foul: Seventh Circuit Again Demands Concrete Harm in FDCPA Cases

Whether there is a connection to the near end of another exciting National Basketball Association season is unknown, but in a recent ruling issued by the U.S. Court of Appeals for the Seventh Circuit, the court began its opinion…more

Appeals, Article III, Debt Collection, Debt Collectors, Dismissals

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A First Look at the EPA's Clean Ports Program

The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S. ports…more

Air Quality Standards, Climate Change, Cost-Sharing, Critical Infrastructure Sectors, Diesel Fuel

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Florida Gaming Control Commission Turns a Critical Eye Toward Fantasy Sports Operators

The Florida Gaming Control Commission (FGCC) has taken a significant step by issuing cease-and-desist letters to three online fantasy sports operators. Though this marks the FGCC's first action against the online fantasy sports…more

Cease and Desist, Compliance, Fantasy Sports, Gambling, Gaming

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Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors…more

Anti-SLAPP, Defamation, First Amendment, Johnny Depp, Jury Trial

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New TikTok Ban Doesn't Reach All Contractor IT or Employees' Personal Devices

Effective June 2, 2023, all federal contracts and solicitations are required to include a new Federal Acquisition Regulation (FAR) clause: FAR 52.204-27, Prohibition on a ByteDance Covered Application. This clause implements…more

Bring Your Own Device (BYOD), Consolidated Appropriations Act (CAA), Federal Acquisition Regulations (FAR), Federal Contractors, Mobile Apps

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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Cross Border Prenuptial Agreements

A prenuptial agreement is entered into by a couple before marriage to address the rights and obligations that accrue in the event of a termination of the marriage by divorce or death. In the United States, there is not a uniform…more

Asset Protection, Contract Negotiations, Contract Terms, Cross-Border, Estate Planning

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure of…more

Acquisitions, Antitrust Division, Compliance, Cooperation, Corporate Misconduct

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Will Howey Progeny Stifle Ripple's Fair Notice Affirmative Defense?

In the latest chapter of the high-profile SEC v. Ripple Labs, Inc., et. al. litigation, the SEC revisits its prior attempt to strike down the defendants' due process affirmative defense. Nearly a year after the SEC failed to…more

Affirmative Defenses, Due Process, Enforcement Actions, Fair-Notice Standard, Howey

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FinCEN Issues Final Rule Implementing Corporate Transparency Act Requirement

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued a final rule on Sept. 29, 2022, implementing the beneficial ownership information (BOI) reporting requirement of the Corporate…more

Anti-Money Laundering, Beneficial Owner, Corporate Officers, Directors, Domestic Corporations

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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SFC expide norma sobre integración de factores ASG en Fondos de Inversión Colectiva en Colombia

En un paso significativo hacia la integración de la sostenibilidad en el sector financiero, la Superintendencia Financiera de Colombia (SFC) expidió la Circular Externa No. 05 de 2024, por medio de la cual imparte instrucciones…more

Banking Sector, Colombia, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing…more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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What Is an FCL and How Do I Obtain One?

In the inaugural episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey sits down with Government Contracts attorney Erin Estevez. They provide a basic introduction to facility security clearances…more

Classified Information, Department of Defense (DOD), Federal Contractors, National Security, Security Clearance

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Beneficios colaborativos en casos de soborno transnacional en Colombia

El Decreto 390 de 2024, expedido por el Ministerio de Comercio, Industria y Turismo de Colombia, establece el procedimiento para que la Superintendencia de Sociedades conceda beneficios por colaboración conforme a la Ley 1778 de…more

Colombia, Cooperation, Ethics, Foreign Entities, Government Investigations

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Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half…more

American Arbitration Association, Arbitration, Arbitration Fees, Breach of Contract, Cal Code of Civil Procedure

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Inevitable Disclosure: Recognition (or Lack Thereof) Under the Defend Trade Secrets Act

Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the…more

Competition, Defend Trade Secrets Act (DTSA), Former Employee, Inevitable Disclosure Doctrine, Injunctive Relief

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The Latest Decisions in Actuarial Equivalent Lawsuits

In an opinion issued in Smith v. Rockwell Automation, Inc., et al., No. 19-C-0505 (E.D. Wis.) on Feb. 10, 2020, U.S. District Judge Lynn Adelman denied Rockwell Automation's motion to dismiss a putative class action complaint…more

Actuarial Values, Annuities, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employment Litigation

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Considerations for Retail Space in an Office Building

A successful relationship between an office building owner and retail tenant usually involves educating each party to the particular attributes of the other party's business. For example, a retail tenant typically has little or…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Contract Terms

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The Government Never Dies: Ninth Circuit Upholds Government Action Rule Dismissal - Appellate Court Affirms District Court's Decision on Copycat False Claims Act Lawsuit

• A key ruling by the U.S. Court of Appeals for the Ninth Circuit will block qui tam relators from bringing copycat False Claims Act suits. • In United States ex rel. Max Bennett v. Biotronik, Inc., the Ninth Circuit held…more

Appeals, Civil Monetary Penalty, False Claims Act (FCA), Oral Argument, Qui Tam

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v. M&K…more

Compassionate Use Act, Controlled Substances Act, Employer Responsibilities, Employment Litigation, Marijuana

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U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee…more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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New Guidance Issued on Financial Value Transparency and Gainful Employment Regulations

The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The Department's…more

Colleges, Compliance, Dear Colleague Letter, Department of Labor (DOL), Disclosure Requirements

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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Federal and Florida Officials Discuss Enforcement Priorities, How Companies Can Minimize Risk

Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current federal…more

Compliance, Cooperation, Corporate Misconduct, Cyber Attacks, Department of Justice (DOJ)

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No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business reports…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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NCAA President's Proposal Resets the Playing Field

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I…more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Fair Labor Standards Act (FLSA)

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Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a…more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Commercial Bankruptcy

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Tennessee Legislature Approves Enhancements to Uniform Trust Code

The Tennessee legislature continues to take action to maintain Tennessee's status as one of the foremost states in which to situs trusts. The legislature's most recent enhancements to Tennessee's Uniform Trust Code (TN UTC) are…more

Amended Rules, Beneficiaries, Grantors, Trustees, Trusts

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Jones Act Waivers Following Natural Disasters

While the United States continues to assess the full scope of the devastating aftermath of Hurricane Ida on the U.S. Gulf Coast, national media have already reported shortages of oil and fuel supplies, as well as food and…more

Biden Administration, Energy Sector, Jones Act, Natural Disasters, Oil & Gas

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New York's 5 Percent Retainage Law Underscores Construction Contract Drafting

New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The…more

Amended Legislation, Construction Contracts, Contract Drafting, Contract Terms, Effective Date

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DOL Seeks Delay of Effective Date for Trump-Era Tip Regulations

In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the Fair…more

Biden Administration, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Independent Contractors

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FERC Issues Notice of Inquiry to Update Rules on Allocating Interstate Pipeline Capacity

In response to a Petition for Rulemaking filed on June 22, 2022 (Petition), the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Inquiry (NOI) on March 21, 2024, seeking additional information…more

Auction, Comment Period, Energy Projects, Energy Sector, FERC

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Supreme Court Extends Spokeo's Article III Standing Requirements

In TransUnion LLC v. Ramirez, the U.S. Supreme Court upended a class damages award of $40 million under the Fair Credit Reporting Act (FCRA) against TransUnion, one of the "Big Three" credit reporting agencies. The 5-4 decision,…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Consumer Financial Protection Bureau Proposes New Financial Data Portability, Security Rules

The Consumer Finance Protection Bureau (CFPB) on Oct. 19, 2023, proposed a new Personal Financial Data Rights rule (Proposal) through which it seeks to increase competition in the financial sector. The Proposal was developed in…more

Aggregation Rules, Comment Period, Competition, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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CMS Releases FY 2025 Inpatient Prospective Payment System Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) on April 10, 2024, released a proposed rule for the fiscal year (FY) 2025 Inpatient Prospective Payment System (IPPS) and Long-Term Care Hospital Prospective Payment System…more

Centers for Medicare & Medicaid Services (CMS), Coding, Food and Drug Administration (FDA), Graduate Medical Education, Health Care Providers

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EPA Exceeds Statutory Authority in PFAS Fluorination Case

The U.S. Court of Appeals for the Fifth Circuit ruled on March 21, 2024, on a petition filed by Inhance Technologies LLC (Inhance) against the U.S. Environmental Protection Agency (EPA) in Inhance Technologies, L.L.C. v. U.S…more

Environmental Protection Agency (EPA), PFAS, Regulatory Agencies, Regulatory Authority, Toxic Substances Control Act (TSCA)

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Texas to Join the Ranks of States with a Comprehensive Privacy Law

Texas Governor Greg Abbott signed into law the Texas Data Privacy and Security Act (TDPSA) on June 18, 2023. With the passage of TDPSA, Texas becomes the tenth state to adopt a consumer data privacy law. TDPSA passed the Texas…more

Advertising, Compliance, Consumer Privacy Rights, Data Collection, Data Controller

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West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented…more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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The ABCs of Expatriation in These Chaotic Times

The latest U.S. Department of the Treasury Report reflects that a record 6,047 individuals expatriated during the first three quarters of 2020. This compares to the previous annual record……more

Expatriates, Green Cards, IRS, Treasury Inspector General for Tax Administration (TIGTA), U.S. Treasury

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SBA, DoD-NISP Release Notice on Security Clearance Requirements for Joint Ventures

The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security Program…more

GAO, Joint Venture, Mentor-Protege Program, National Industrial Security Program (NISP), NDAA

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China's IMO 2020 Implementation Plan Raises Issues for Vessels Using Open-Loop Scrubbers

As the maritime industry continues to adjust to the implementation of the International Maritime Organization's (IMO) 2020 global low-sulfur fuel regulations, key parts of the China Ministry of Transportation's (MOT) "2020…more

China, Fuel Standards, International Maritime Organization (IMO), Shipping, Vessels

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Reauthorized PHMSA Seems Set for Renewed Environmental Emphasis Under Biden

The Pipeline and Hazardous Material Safety Administration (PHMSA) states that its mission "is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential…more

Consolidated Appropriations Act (CAA), Due Process, Methane, PHMSA, Pipelines

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New Tri-Seal Compliance Note Issued to Non-U.S. Persons

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS) and U.S. Department of Justice (DOJ) on March 6, 2024, issued a Tri-Seal…more

Bureau of Industry and Security (BIS), Compliance, Criminal Prosecution, Department of Justice (DOJ), Economic Sanctions

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SBA Issues More Guidance on Use of 8(a) Program During Ultima Injunction

The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)…more

8(a) Program, Federal Contractors, Injunctions, New Guidance, Public Agencies

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Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve…more

Congressional Investigations & Hearings, Patent Litigation, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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District Court in Cal Dive Rules Against Vessel Owner's Challenge to Maritime Lien

The U.S. District Court for the Southern District of New York has denied a motion for summary judgment filed by a vessel owner that sought to dismiss the maritime lien claim of a provider of deck personnel. The court's ruling,…more

Contract Terms, Liens, No-Lien Clauses, Summary Judgment, Unpaid Wages

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President Biden Unveils FY 2023 Budget Request

The White House on March 28, 2022, released President Joe Biden's $5.8 trillion proposed budget for federal spending in fiscal year (FY) 2023. The president's budget proposal serves as a fiscal blueprint for the administration's…more

Appropriation, Biden Administration, Federal Budget, Public Agencies

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Healthcare Law Update: April 2021

William F. Gould In United States v. Merino, No. 19-50291, 2021 WL 754589 (9th Cir. Feb. 26, 2021), the court of appeals reversed the conviction of Marina Merino of conspiracy to commit healthcare fraud in violation of 18 U.S.C…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, False Claims Act (FCA), Federal Food Drug and Cosmetic Act (FFDCA)

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Florida State Sales Tax on Commercial Real Property Leases Decreases on Dec. 1, 2023

Florida Gov. Ron DeSantis signed House Bill (HB) 7063 into law on May 25, 2023, which provides short-term and long-term tax relief for Florida taxpayers. (See Holland & Knight's previous alert, "Florida Gov. Ron DeSantis Signs…more

Commercial Leases, Governor DeSantis, New Legislation, Rent, Rental Property

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SFC expide norma sobre integración de factores ASG en Fondos de Inversión Colectiva en Colombia

En un paso significativo hacia la integración de la sostenibilidad en el sector financiero, la Superintendencia Financiera de Colombia (SFC) expidió la Circular Externa No. 05 de 2024, por medio de la cual imparte instrucciones…more

Banking Sector, Colombia, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,…more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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IRS Announces New Campaign to Audit Personal Use of Business Jets

The IRS announced a new campaign to audit high-net-worth taxpayers claiming business deductions for the use of private jets. Using some of the $80 million allocated for enhanced enforcement in the Inflation Reduction Act of 2022…more

Aircraft, Business Expenses, Enforcement Priorities, High Net-Worth, Inflation Reduction Act (IRA)

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Aumentan las sanciones por incumplimiento del SAGRILAFT y PTEE en empresas Colombianas

Dada la relevancia que actualmente está obteniendo la prevención de los riesgos y el cumplimiento normativo en el desarrollo de los negocios, la Delegatura de Asuntos Contables y Económicos de la Superintendencia de Sociedades…more

Anti-Money Laundering, Anti-Terrorism Financing, Chief Compliance Officers, Colombia, Compliance

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Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal Trade…more

Advertising, Communications Decency Act, Endorsements, Enforcement, Enforcement Actions

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Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average of…more

Constitutional Challenges, Federal Labor Laws, Mexico, Profit Sharing, Supreme Court of Mexico

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OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory…more

Advisory Opinions, Ambulatory Surgery Centers, Corporate Practice of Medicine, Department of Health and Human Services (HHS), Health Care Providers

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Federal Circuit Recognizes Privilege for Communications with Non-Lawyer Patent Agent

In a significant ruling, the U.S. Court of Appeals for the Federal Circuit has recognized a new privilege shielding communications between patent applicants and their non-lawyer patent agents. The issue was one of first…more

Attorney-Client Privilege, Corporate Counsel, Patent Agent Privilege, Patent Infringement, Patent Litigation

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It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé, the…more

Antitrust Violations, Cartwright Act, Class Action, Distributors, Fashion Branding

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Virtual Shareholders Meetings: Draft Decree Amends Mexico's General Law of Commercial Companies

The Mexican Senate, on Sept. 12, 2023, unanimously approved the draft Decree reforming several provisions of the General Law of Commercial Companies (Ley General de Sociedades Mercantiles or LGSM). By virtue of this reform, it…more

Bylaws, Corporate Governance, General Corporation Law, Mexico, Pending Legislation

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Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act…more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

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Healthcare Law Update: February 2020

Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims - In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark Act…more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Diagnostic Tests

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Reforma a la Ley del Mercado de Valores en México

Se publicó en el Diario Oficial de la Federación, el 28 de diciembre de 2023, el decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley del Mercado de Valores y de la Ley de Fondos de Inversión en…more

Effective Date, Mexico, New Legislation, New Regulations, Regulatory Authority

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A New General Notice Requirement for Financial Institutions

The Federal Trade Commission (FTC) on Oct. 27, 2023, announced further amendments to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule). The Safeguards Rule became effective in 2003, requiring certain financial…more

Cybersecurity, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

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Tribal Provisions in the Inflation Reduction Act Address Energy, Climate Change

In support of transitioning to clean energy and combating climate change, Congress enacted the Inflation Reduction Act (IRA) (Pub. L. 117-169) to extend, modify and enhance many existing tax incentives, create new tax…more

Block Grants, Climate Change, Coastal Real Estate, Energy Efficiency, Energy Policy

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It's Simple to "Click to Cancel"

The Federal Trade Commission (FTC) has proposed several amendments to the current Negative Option Rule (Rule) that, if enacted, will drastically change how subscription- and membership-based businesses operate. Generally, the…more

Comment Period, Event Cancellation, Federal Trade Commission (FTC), Membership Agreements, Proposed Amendments

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SBA Issues More Guidance on Use of 8(a) Program During Ultima Injunction

The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)…more

8(a) Program, Federal Contractors, Injunctions, New Guidance, Public Agencies

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What to Know About the New Artificial Intelligence Executive Order

President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns…more

Artificial Intelligence, Biden Administration, Cybersecurity, Defense Production Act, Executive Orders

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U.S. Tax Court: Limited Partner SECA Exception Requires Functional Analysis

The U.S. Tax Court recently issued a precedential opinion in Soroban Capital v. Commissioner, holding that the limited partner exception to the Self-Employed Contributions Act (SECA) in Section 1402(a)(13) of the Internal…more

Income Taxes, Internal Revenue Code (IRC), IRS, Limited Partnerships, Partnerships

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Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news…more

Celebrities, Commercial Use, Copyright, Copyright Litigation, Fair Use

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Ship Repairers Need to Be Wary of Warranty of Workmanlike Performance

The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than…more

Appeals, Breach of Warranty, Contract Disputes, Damages, Dispute Resolution

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OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory…more

Advisory Opinions, Ambulatory Surgery Centers, Corporate Practice of Medicine, Department of Health and Human Services (HHS), Health Care Providers

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Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing…more

Board of Directors, Contract Terms, Corporate Governance, EBITDA, Investment Companies

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or…more

Alter Ego, Corporate Veil, Federal Maritime Commission

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Government Agencies Work to Flatten the Curve by Taking Over Hotels

From the national travel ban to the shelter-in-place orders issued by many states and municipalities, the COVID-19 quarantine has had a major impact on the travel industry. While hotels struggle with low occupancy rates and…more

Coronavirus/COVID-19, First Responders, Governor Newsom, Healthcare Workers, Hospitals

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Government Shutdown Advisory: Summary of Contingency Plans for Lapse in Appropriations

The federal fiscal year for 2024 (FY 2024) begins on Oct. 1, 2023, and if appropriations bills have not been enacted before that date or a temporary funding measure – known as a continuing resolution (CR) – has not been enacted,…more

Administrative Agencies, Appropriations Bill, Contingency Plans, Continuing Resolution, Federal Budget

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Media and Entertainment Industry Gets a Turn in DOJ-FTC Antitrust Hot Seat

The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held another installment of their "listening tour" on April 27, 2022,1 with a focus during this session on the media and…more

Antitrust Provisions, Department of Justice (DOJ), Entertainment Industry, Federal Trade Commission (FTC), Industry Consolidation

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Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall…more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire…more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since it…more

CEQA, Constitutional Challenges, Dolan v City of Tigard, Fifth Amendment, Impact Fees

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Public Call for Interest in Public-Private Partnership for Construction of Airport in Colombia

Colombia’s National Infrastructure Agency (Agencia Nacional de Infraestructura or ANI) launched the public call for the invitation of third parties interested in the project whose purpose is the financing, preparation of studies…more

Airports, Colombia, Construction Contracts, Deadlines, Design-Build

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Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average of…more

Constitutional Challenges, Federal Labor Laws, Mexico, Profit Sharing, Supreme Court of Mexico

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Plazo para la presentación del PTEE para las ESAL en Bogotá, Colombia para el año 2024

De acuerdo con los lineamientos publicados por la Secretaría Jurídica Distrital de la Alcaldía Mayor de Bogotá DC, a través de la Circular 013 del 14 de abril de 2023,1 la presentación del Programa de Transparencia y Ética…more

Colombia, Compliance, Ethics, Filing Requirements, Nonprofits

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Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the…more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

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Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends…more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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Will Howey Progeny Stifle Ripple's Fair Notice Affirmative Defense?

In the latest chapter of the high-profile SEC v. Ripple Labs, Inc., et. al. litigation, the SEC revisits its prior attempt to strike down the defendants' due process affirmative defense. Nearly a year after the SEC failed to…more

Affirmative Defenses, Due Process, Enforcement Actions, Fair-Notice Standard, Howey

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Jessica Gonzalez Discusses Recent Hispanic Representation in Mainstream Media and Its Impact on Culture

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in…more

Diversity, Heritage & Culture, Leadership

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Recomendaciones CNBV con relación a la revelación del impacto por el COVID-19 en México

Mediante comunicado de prensa No. 007, de fecha 23 de febrero de 2021, la Comisión Nacional Bancaria y de Valores (la CNBV) emitió una recomendación a las entidades emisoras de valores inscritos en el Registro Nacional de…more

Coronavirus/COVID-19, Corporate Governance, Corporate Issuers, Economic Downturn, Financial Reporting

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Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may…more

Add-ons, Banking Regulators, Compliance, Constitutional Challenges, Consumer Financial Contracts

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Court Denies Request for Attorneys' Fees Against Counterclaimant with Ill-Defined Trade Secret

In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims…more

Attorney's Fees, Bad Faith, Breach of Contract, Counterclaims, Covenant of Good Faith and Fair Dealing

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The "Inevitable Disclosure" Doctrine and the DTSA

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the…more

Defend Trade Secrets Act (DTSA), Employment Contract, Former Employee, Inevitable Disclosure Doctrine, Injunctive Relief

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A Summary and Early Analysis of SEC Final SPAC Rules

By vote of 3 to 2, the U.S. Securities and Exchange Commission (SEC or Commission) on Jan. 24, 2024, adopted new rules and amendments (SPAC Rules) pertaining to special purpose acquisition companies (SPACs), with the stated goal…more

Conflicts of Interest, Corporate Governance, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are…more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Are You a Mexican Shareholder of a U.S. Company? 2024 Brings New U.S. Reporting Obligations

Similar to the controlling beneficiary regulation in Mexico, next year the United States will enter into force a new obligation for most U.S. companies, including those with Mexican shareholders, to report information about…more

Beneficial Owner, Compliance, Control Test, Corporate Entities, Corporate Transparency Act

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California Noncompete Regulation Requires Employer Action by Feb. 14, 2024

California Business and Professions Code Section 16600 was recently amended to "void the application of any noncompete agreement in an employment context, or any noncompete clause in an employment contract, no matter how…more

Amended Regulation, Business & Professions Code, Deadlines, Employer Liability Issues, Employment Contract

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New York LLC Transparency Act Update: Finally, Some Clarity

The New York LLC Transparency Act (NY LLCTA) will become effective as of Jan. 1, 2026, and will require limited liability companies (LLCs) formed, or qualified to do business, in the state of New York to disclose individual…more

Annual Reports, Attestation Requirements, Beneficial Owner, Corporate Governance, Corporate Transparency Act

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California Legislative Roundup 2020: Financial Services

Notwithstanding a pandemic-induced winnowing of legislative priorities this year, California has passed a handful of new bills to regulate discrete areas of the financial services industry, including student loan servicing, debt…more

Administrative Authority, CARES Act, Consumer Financial Products, Coronavirus/COVID-19, Debt Collectors

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West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented…more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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Federal Real Estate in a Turbulent Market, Part I: When the Government Leaves Early

The commercial real estate market in the United States is undergoing a profound shift as building vacancy increases in most major markets and as trillions of dollars of financing are coming due in 2024…more

Abandoned Property, Calculation of Damages, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will…more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Eleventh Circuit Confirms Scope of Original Jurisdiction Under Class Action Fairness Act

In Wright Transportation, Inc. v. Pilot Corporation, et al., the U.S. Court of Appeals for the Eleventh Circuit considered whether a district court retains original jurisdiction over state law claims following the dismissal of…more

Appeals, CAFA, Corporate Counsel, Original Jurisdiction, Subject Matter Jurisdiction

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Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the…more

Car Accident, Class Certification, Dismissal With Prejudice, Double Damages, Halifax Hospital

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Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends…more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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COVID-19 and Insurance Coverage: A Follow-Up Look at Recent Developments

The ongoing adjustments from the COVID-19 pandemic continue to affect businesses in a variety of ways. In the days since Holland & Knight's previous alert on the potential impact that the crisis could have on a wide range of…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19

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Nueva Circular Externa 100-000003 de 2023 Superintendencia de Sociedades de Colombia

La Superintendencia de Sociedades de Colombia publicó la Circular Externa 100-000003 del 11 de septiembre de 2023 (la Circular), por medio de la cual: 1) modificó los plazos para la presentación del Informe 42-Prácticas…more

AML/CFT, Anti-Corruption, Anti-Terrorism Financing, Chief Compliance Officers, Colombia

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CMS Expands Groups Eligible for Accelerated Medicare Payments Program During COVID-19 Emergency

On the day following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), the Centers for Medicare & Medicaid Services (CMS) made clear its intention to expand the groups of medical providers…more

Accelerated Payments, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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Disponen alivios a las modificaciones de FPO de proyectos de energía en Colombia

El Ministerio de Minas y Energía (MME) en Colombia publicó el 2 de febrero de 2024, la Resolución 40042 por medio del cual se adoptaron medidas de carácter definitivas para otorgar alivios a los proyectos de generación,…more

Electricity, Energy Projects, Energy Sector, Energy Storage, Investors

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Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall…more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented…more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a…more

Appeals, En Banc Review, Energy Projects, Energy Sector, Jones Act

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SEC Continues Use of Data Analytics to Aid Enforcement Investigations

The U.S. Securities and Exchange Commission (SEC) charged nine individuals with insider trading in three separate actions on July 25, 2022, alleging the misconduct resulted in ill-gotten gains totaling more than $6.8 million…more

Analytics, Bank Secrecy Act, Department of Justice (DOJ), Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

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Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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Federal and Florida Officials Discuss Enforcement Priorities, How Companies Can Minimize Risk

Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current federal…more

Compliance, Cooperation, Corporate Misconduct, Cyber Attacks, Department of Justice (DOJ)

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GAO Annual Report FY 2023: Protests, Sustains Up Due Largely to a Single Procurement

The U.S. Government Accountability Office (GAO) recently issued its annual report to Congress on bid protests for Fiscal Year 2023…more

Annual Reports, Bid Protests, Federal Contractors, GAO, Public Procurement Policies

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DOJ Announces New Whistleblower Financial Rewards Program in Effort to Combat Corporate Crime

U.S. Deputy Attorney General Lisa Monaco announced the creation of a new U.S. Department of Justice (DOJ or Department) Whistleblower Rewards Program at the 39th Annual ABA White Collar National Institute in San Francisco March…more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero Resources…more

Appeals, Corporate Counsel, Day-Rate Pay, Employment Litigation, En Banc Review

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Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal…more

Advanced Notice of Proposed Rulemaking (ANPRM), Common Carriers, Detention, Federal Maritime Commission, Fee Disputes

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New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new rule,…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA)

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USAID Provides COVID-19 Guidance to Partners and Contractors

Federal contractors, grantees and cooperative agreement holders performing work overseas face enormous and broad-ranging challenges related to their work and the impacts of the coronavirus (COVID-19) pandemic. These include…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Federal Contractors, New Guidance

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DOJ Announces New Whistleblower Financial Rewards Program in Effort to Combat Corporate Crime

U.S. Deputy Attorney General Lisa Monaco announced the creation of a new U.S. Department of Justice (DOJ or Department) Whistleblower Rewards Program at the 39th Annual ABA White Collar National Institute in San Francisco March…more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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DOE Loan Programs Office: 2023 Updates, Overview and Key Insights

Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan…more

Biden Administration, Clean Energy, Climate Change, Congressional Committees, Congressional Investigations & Hearings

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Cross Border Prenuptial Agreements

A prenuptial agreement is entered into by a couple before marriage to address the rights and obligations that accrue in the event of a termination of the marriage by divorce or death. In the United States, there is not a uniform…more

Asset Protection, Contract Negotiations, Contract Terms, Cross-Border, Estate Planning

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Controversial CFPB Rule Exposes Financial Services Companies to Greater Class Action Risk

Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers into arbitration to avoid class action…more

Arbitration, Arbitration Agreements, Banks, Class Action, Class Action Arbitration Waivers

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HHS Publishes Final Rule Governing Healthcare Conscience Protections

On Jan. 11, 2024, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published its 2024 Final Rule governing healthcare conscience protections, "Safeguarding the Rights of Conscience as Protected…more

Abortion, Affordable Care Act, Anti-Discrimination Policies, Compliance, Department of Health and Human Services (HHS)

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New York's 5 Percent Retainage Law Underscores Construction Contract Drafting

New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The…more

Amended Legislation, Construction Contracts, Contract Drafting, Contract Terms, Effective Date

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U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise when…more

Colleges, Compliance, Dear Colleague Letter, Department of Education, Enforcement Priorities

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New Jersey Expands Real Property Owners' Flood Notification Obligations

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),…more

Buyers, Climate Change, Commercial Leases, Compliance, Consumer Fraud

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Healthcare Companies Should Watch Florida's Data Privacy Bills

The Florida Legislature will once again consider consumer data privacy bills during the 2022 legislative session. Both the House and Senate are considering proposed legislation, designated as HB 9 and SB 1864, respectively. This…more

Consumer Privacy Rights, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Pending Legislation, State Privacy Laws

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While You Were Sleeping: HHS Releases New Guidance on Sensitive Examinations

"Informed consent" has been described as "a bedrock principle of healthcare in a free society," and if a "patient is denied the ability to exercise or even consider informed consent, the patient's personal liberty suffers."1 The…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals

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Agricultural Producers Deemed Eligible for SBA Disaster Loan Program

The U.S. Small Business Administration (SBA) reopened its Emergency Economic Injury Disaster Loan (EIDL) program to farmers and agricultural producers on May 4, 2020. Although farmers were excluded from EIDL eligibility in its…more

Agricultural Sector, Economic Injury Disaster Loans, SBA, SBA Lending Programs

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Transit Agency Advertising: Reasoned Approach Needed for Evaluating Political Ads

There's likely no mode of transportation that President-Elect Joe Biden savors more than public rail. A September 2020 ruling by the U.S. Court of Appeals for the Third Circuit holding the Southeastern Pennsylvania…more

Advertising, Advertising Standards Authority, Appeals, Biden Administration, First Amendment

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$300 Million for FAST-SAF Grants Now Open

The Federal Aviation Administration (FAA) announced $300 million in funding for projects to help the aviation sector reach net-zero emissions by 2050. The application window is now open for $245 million in Fueling Aviation's…more

Aerospace, Aviation Industry, Biofuel, Competitive Bidding, Federal Aviation Administration (FAA)

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NCAA President's Proposal Resets the Playing Field

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I…more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Fair Labor Standards Act (FLSA)

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Scrutiny Around the Hospital Tax-Exempt Status

In this episode of "Counsel That Cares," healthcare policy attorney Lisa Hawke and healthcare attorney Jesse Neil continue a discussion on renewed scrutiny of tax-exempt hospitals. They begin by examining a report recently…more

Health Care Providers, Hospitals, Internal Revenue Code (IRC), Life Sciences, Tax Exempt Entities

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It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé, the…more

Antitrust Violations, Cartwright Act, Class Action, Distributors, Fashion Branding

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Government Contracts Enforcement: DOJ Publishes FY 2023 False Claims Act Statistics

The U.S. Department of Justice (DOJ or Department) has published statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2023, noting that this was the highest number of settlements and judgments in…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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U.S. Ramps Up Sanctions on Companies and Vessels Violating the Russian Oil Price Cap Regime

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) on Oct. 12, 2023, designated two tank vessels and their registered owners as Specially Designated Nationals (SDNs) for allegedly transporting Russian…more

Crude Oil, Economic Sanctions, Maritime Transport, Office of Foreign Assets Control (OFAC), Oil & Gas

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Texas Contractors No Longer Bear Risk for Defects in Owner-Furnished Designs

The Texas Legislature recently passed a new law concerning owner-furnished designs for construction projects, thereby overturning more than 100 years of precedent in Texas previously holding that contractors bore the risk of…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Court Evaluates Evidence of a Trade Secret's Independent Economic Value

Information must be "secret" or not generally known to have value as a trade secret, and value cannot be based upon general company revenue or sales price alone. As a result, owners of trade secrets must take reasonable efforts…more

Misappropriation, Trade Secrets, Value Statements

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Compliance Checkpoint: Section 501(c)(3) Election Year Activities

With only weeks left before the 2020 election and U.S. Supreme Court confirmation hearings underway, nonprofit organizations may be considering whether and how they can engage. While some nonprofit organizations may engage in…more

501(c)(3), Internal Revenue Code (IRC), IRS, Political Speech, Tax Exempt Entities

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Guidelines for Seeking Damages in Dispossessory Actions in Georgia Magistrate Court

Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court – is…more

Appellate Courts, Counterclaims, Damages, Jurisdiction, State Courts

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The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in the…more

Administrative Procedure, California Air Resources Board, California Endangered Species Act, CEQA, CEQA Reform

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A First Look at the EPA's Clean Ports Program

The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S. ports…more

Air Quality Standards, Climate Change, Cost-Sharing, Critical Infrastructure Sectors, Diesel Fuel

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Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a safe…more

Affordable Housing, Fair Market Value, LIHTC, Low Income Housing, Nonprofits

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California Revives De Minimis Lender License Exemption

In California, any person engaging in the business of a finance lender or broker must obtain a license from the commissioner of the Department of Financial Protection & Innovation. The California Finance Code defines "finance…more

Brokers, Department of Financial Protection and Innovation (DFPI), Exemptions, Finance Lender, Governor Newsom

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Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not Entitled to Immunity from Federal Antitrust Law Unless They Are Actively Supervised by the State

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state…more

Antitrust Litigation, Dentists, Federal Trade Commission (FTC), Immunity, Licensing Rules

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New Artificial Intelligence Executive Order Contains Numerous Healthcare Implications

President Joe Biden on Oct. 30, 2023, signed a sweeping executive order (EO) and invoked the Defense Production Act to establish the first set of standards for using artificial intelligence (AI) in healthcare and other…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Defense Production Act

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

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Government Agencies Work to Flatten the Curve by Taking Over Hotels

From the national travel ban to the shelter-in-place orders issued by many states and municipalities, the COVID-19 quarantine has had a major impact on the travel industry. While hotels struggle with low occupancy rates and…more

Coronavirus/COVID-19, First Responders, Governor Newsom, Healthcare Workers, Hospitals

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Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered…more

Best Practices, Class Action, Cyber Attacks, Cybersecurity, Data Breach

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Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply…more

Antitrust Provisions, Biden Administration, Competition, Contract Drafting, Contract Terms

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Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to…more

Biometric Information, California Consumer Privacy Act (CCPA), Consent, Covered Entities, Data Collection

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CFTC Seeks Comments on Use of AI in Derivatives Markets

The Commodity Futures Trading Commission (CFTC) has issued a request for comment (RFC) seeking public input on the use of artificial intelligence (AI) in CFTC-regulated markets. The RFC – distributed jointly by the CFTC's…more

Artificial Intelligence, Automation Systems, Biden Administration, Brokers, CFTC

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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Phasedown of Bonus Depreciation for Aircraft Begins in 2023

This Holland & Knight alert explains the phasedown of bonus depreciation for aircraft beginning in 2023. Through 2022, bonus depreciation has been allowed for 100 percent of the cost of qualifying property (which generally…more

Aircraft, Bonus Depreciation, Depreciation, Internal Revenue Code (IRC)

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Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall…more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions…more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends…more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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A New General Notice Requirement for Financial Institutions

The Federal Trade Commission (FTC) on Oct. 27, 2023, announced further amendments to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule). The Safeguards Rule became effective in 2003, requiring certain financial…more

Cybersecurity, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a…more

Climate Change, Comment Period, Department of Environmental Conservation, Energy Projects, Green Energy

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New Treasury Regulations May Limit Transfer Tax Savings

Recent comments by Cathy Hughes, an Estate and Gift Tax Attorney Advisor in the Office of Tax Policy at the U.S. Treasury Department, indicated that the department may issue proposed regulations as early as September 2015 that…more

Closely Held Businesses, Estate Tax, Family Businesses, Gift Tax, Tax Policy

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Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to…more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Beneficios fiscales a contribuyentes de las zonas afectadas por el huracán Otis en México

Fue publicado en el Diario Oficial de la Federación (DOF) el 30 de octubre de 2023 el decreto por el que se otorgan diversos beneficios fiscales a los contribuyentes de las zonas afectadas en México por el huracán Otis…more

Hurricane Season, Mexico, Natural Disasters, Property Damage, Tax Relief

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Challenge to D.C. Gas Station Law Motors On

A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round…more

Constitutional Challenges, Gas Stations, Moratorium, Oil & Gas, Property Owners

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How the CARES Act Benefits Individual Taxpayers

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, is a $2 trillion economic stimulus measure to address the economic fallout of the coronavirus pandemic. It provides…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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The European Union's AI Act: What You Need to Know

As the general public's awareness about the widespread application of artificial intelligence (AI) and machine learning technologies has skyrocketed in recent years, so, too, has demand for ethical safeguards and transparency…more

Artificial Intelligence, EU, European Commission, Machine Learning, Member State

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Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero Resources…more

Appeals, Corporate Counsel, Day-Rate Pay, Employment Litigation, En Banc Review

See all updates »

Congress Releases Revised Conference Bill on Tax Reform - A Look at How It Compares with Earlier House and Senate Bills

Congress released the "Tax Cuts and Jobs Act" on late Friday evening, Dec. 15, 2017. This version of the bill is the result of a conference committee process to marry the different bills previously passed by the U.S. House of…more

Alternative Minimum Tax, Business Taxes, Capital Gains, Carried Interest, Corporate Taxes

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EEOC Update Clarifies Guidance on Mandating and Incentivizing COVID-19 Vaccination

This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The U.S. Equal Employment Opportunity Commission (EEOC)…more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), GINA

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DOJ Announces New Whistleblower Financial Rewards Program in Effort to Combat Corporate Crime

U.S. Deputy Attorney General Lisa Monaco announced the creation of a new U.S. Department of Justice (DOJ or Department) Whistleblower Rewards Program at the 39th Annual ABA White Collar National Institute in San Francisco March…more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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New Jersey Acts to Limit Credit Card Surcharges

New Jersey Gov. Phil Murphy on Aug. 18, 2023, signed into law a bill that limits the surcharges that merchants may charge their customers who choose to pay for goods or services using a credit card and requires disclosure of the…more

Consumer Financial Products, Credit Card Surcharges, Credit Cards, Governor Murphy, Merchants

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Holland & Knight's China Practice Newsletter: September-October 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: - Non-Fungible Tokens and Intellectual Property Law: Key Considerations -…more

Commercial Leases, Controlled Foreign Corporations, Cryptocurrency, Cybersecurity, Digital Assets

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NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior 2020…more

Effective Date, Employer Liability Issues, Franchises, Joint Employers, New Rules

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Government Contracts Enforcement: DOJ Publishes FY 2023 False Claims Act Statistics

The U.S. Department of Justice (DOJ or Department) has published statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2023, noting that this was the highest number of settlements and judgments in…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Discovery in International Arbitration: The Ever-Expanding Scope

Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution. In…more

Appeals, Arbitration, Commercial Arbitration, Contract Disputes, Cross-Border

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DOJ and State Government Agencies Focus on Antitrust Violations in Government Procurement

The U.S. Department of Justice (DOJ) has a renewed focus on government contracting and, more specifically, anti-competitive behavior in federal procurement. As mentioned in a prior blog post, the DOJ's Antitrust Division…more

Antitrust Division, Antitrust Violations, Bid Rigging, Department of Justice (DOJ), Enforcement Authority

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New 2021 Rules Issued by the International Centre for Dispute Resolution (ICDR)

The amended International Dispute Resolution Procedures (the Rules) of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), entered into effect on…more

Amended Rules, American Arbitration Association, Arbitration, ICDR, International Arbitration

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Changes Coming to Filing Requirements for Security Deeds in Georgia

A new Georgia law changes the information required on security deeds and will help Superior Court clerks clear backlogs in the state's larger counties while making the filing process more efficient. Starting in July 2023,…more

Deeds, Drafting Attorney, Filing Requirements, New Legislation

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How the CARES Act Benefits Individual Taxpayers

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, is a $2 trillion economic stimulus measure to address the economic fallout of the coronavirus pandemic. It provides…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

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Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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Finalized HTI-1 Interoperability and Information Blocking Updates Have Taken Effect

The U.S. Department of Health and Human Services' (HHS) Office of the National Coordinator for Health Information Technology (ONC) published its Health Data, Technology, and Interoperability: Certification Program Updates,…more

21st Century Cures Act, Data-Sharing, Department of Health and Human Services (HHS), EHR, Electronic Protected Health Information (ePHI)

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Beyond the Hype: The SEC's Intensified Focus on AI Washing Practices

The U.S. Securities and Exchange Commission (SEC) is cracking down on how firms promote their artificial intelligence (AI) technologies to protect investors from falling victim to "AI-washing." On March 18, 2024, the SEC charged…more

Algorithms, Artificial Intelligence, Best Practices, Client Data, Disclosure Requirements

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Proposed COVID-19-Related Business Interruption and Property Loss Insurance Legislation

Recent claims by private businesses seeking to recover coronavirus-related (COVID-19) losses under their business interruption and property insurance policies have typically been denied by their insurers based on the rationale…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage

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In Blow to Renewables, Ninth Circuit Mostly Upholds FERC's PURPA Reforms

The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal…more

Administrative Procedure Act, Chevron v NRDC, Energy Market, Energy Reform, Energy Sector

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Healthcare Law Update: October 2021

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a…more

Abuse of Discretion, Anti-Kickback Statute, Appeals, Attorney-Client Privilege, Comment Period

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California Noncompete Regulation Requires Employer Action by Feb. 14, 2024

California Business and Professions Code Section 16600 was recently amended to "void the application of any noncompete agreement in an employment context, or any noncompete clause in an employment contract, no matter how…more

Amended Regulation, Business & Professions Code, Deadlines, Employer Liability Issues, Employment Contract

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NLRB Increases Penalties for Repeat Labor Law Violators

The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the remedies…more

Bad Faith, Contract Negotiations, NLRA, NLRB, Remedies

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Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous…more

CERCLA, Clean Water Act, Congressional Committees, Congressional Investigations & Hearings, Contaminated Properties

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It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé, the…more

Antitrust Violations, Cartwright Act, Class Action, Distributors, Fashion Branding

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Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of…more

E-3, F-1 Visa, Foreign Workers, Green Cards, H-1B

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U.S. Tax Court: Limited Partner SECA Exception Requires Functional Analysis

The U.S. Tax Court recently issued a precedential opinion in Soroban Capital v. Commissioner, holding that the limited partner exception to the Self-Employed Contributions Act (SECA) in Section 1402(a)(13) of the Internal…more

Income Taxes, Internal Revenue Code (IRC), IRS, Limited Partnerships, Partnerships

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Tax Court: IRS Lacks Authority to Assess Certain Foreign Information Return Penalties

The U.S. Tax Court (USTC) on April 3, 2023, issued its opinion in Alon Farhy v. Commissioner, which held that the IRS lacks authority to assess certain foreign-related information return penalties pursuant to Section 6038(b).1…more

Foreign Corporations, IRS, Tax Court, Tax Liability, Tax Penalties

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Final Public Forum Held on California Consumer Privacy Act

• The Office of the California Attorney General (AG) held the final public forum on the California Consumer Privacy Act on March 5, 2019. • Commentators were sophisticated in their understanding of the law and all…more

California Consumer Privacy Act (CCPA), Comment Period, Consumer Privacy Rights, Cybersecurity, Data Collection

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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New DEA Rule Allows Single Electronic Transfer of Controlled Substance Prescriptions

Historically, a retail pharmacy unable to fill an initial electronic prescription for Schedule II-V controlled substances could not transfer it to another pharmacy – even if the two pharmacies were affiliated and part of a…more

Amended Rules, Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Controlled Substances Act, DEA

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Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors have…more

Condemnation, Coronavirus/COVID-19, Eminent Domain, Just Compensation, Police Power

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Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before sending a…more

Appeals, Attorney's Fees, Copyright, Copyright Infringement, Copyright Litigation

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Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery (Cybergenics),…more

Aiding and Abetting, Bad Faith, Bankruptcy Court, Breach of Duty, Commercial Bankruptcy

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Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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Overhaul of Illinois LLC Act Provides Modernization, Increased Flexibility

Significant changes have been made to the Illinois Limited Liability Company Act (the Act) that will impact both existing and new LLCs. These changes, which took effect on July 1, 2017, were designed in part to bring the Act…more

Articles of Incorporation, Corporate Dissolution, Dispute Resolution, Fiduciary Duty, Inspection Rights

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SEC Announces Record-Setting Enforcement Results for Fiscal Year 2023

The SEC's Division of Enforcement recently announced its Fiscal Year (FY) 2023 results, touting a record-setting year. Rather than repeat Enforcement's detailed report available here, we boil the data down to give our readers a…more

Civil Monetary Penalty, Cooperation, Cryptoassets, Cybersecurity, Disgorgement

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Money Is Fungible. NFTs Are Not.

"Fungible" is an adjective that describes something easily capable of mutual substitution, such that one part or quantity may be exchanged by another equal part or quantity. Money is fungible. It is designed to be completely…more

Blockchain, Chain of Title, Cryptocurrency, Fair Market Value, FinTech

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Big Changes on the Horizon for Alcohol Licensing in Alaska

Recently signed legislation in Alaska promises to upend the alcohol industry and rework the state's licensing structure. On June 16, 2022, Alaska Gov. Mike Dunleavy signed into law Senate Bill 9 – a comprehensive rewrite of the…more

Alcohol Beverage Control, Amended Legislation, Governor Dunleavy, Liquor Licences, New Legislation

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Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events…more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

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Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in Federal…more

Admissible Evidence, Amended Rules, Evidence, Federal Rules of Evidence, Hearsay

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New York Law Requires Notice of Employees' Electronic Monitoring Effective May 7, 2022

New York Gov. Kathy Hochul signed Senate Bill (SB) S2628 into law on Nov. 8, 2021. The law, which takes effect on May 7, 2022, requires every private-sector employer to provide notice of its electronic monitoring practices to…more

Electronic Communications, Employee Monitoring, Employer Liability Issues, Exclusions, New Legislation

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Rule Banning Chinese Telecommunications Equipment is Released

The U.S. Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) released a prepublication version of an interim final rule that will bar contractors from…more

China, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules

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A Look Into the FDA and USDA Regulatory Regimes

In the next episode of the "Legal Bites Podcast" series, Food and Beverage Litigation Team leader Nathan Adams and Practice Development Manager Kristina Merritt speak with Public Policy & Regulation attorney Sara Klock, who…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Manufacturers, Recordkeeping Requirements, USDA

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Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends…more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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SEC Chair Gensler Remarks Indicate 2022 Action Expanding Cyber Requirements

U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler made remarks on Jan. 24, 2022, at Northwestern University Pritzker School of Law's Annual Securities Regulation Institute regarding the SEC's work to improve "the…more

Broker-Dealer, Cyber Incident Reporting, Cybersecurity, Data Privacy, Data Security

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SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business…more

Commercial Real Estate Contracts, Commercial Tenants, Construction Contracts, Coronavirus/COVID-19, Moratorium

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U.S. Supreme Court Upends Religious Accommodation Obligations for Employers

In Groff v. De Joy, Post Master General, No. 22-174 (June 29, 2023), the U.S. Supreme Court unanimously upended decades-old precedent that set the standard for undue hardship in the context of an employee's request for a…more

Americans with Disabilities Act (ADA), Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Buying an Aircraft and Novation of a Lease in Jordan – Not for the Fainthearted!

Holland & Knight recently advised a client in connection with the purchase of an Airbus A320-200 aircraft registered in Jordan. With a timeframe of just over 10 months from receiving the first draft of the novation agreement to…more

Aircraft, Aircraft Sales, Approval Requirements, Aviation Contracts, Aviation Industry

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Proposed Treasury Regulations Would Severely Limit Valuation Discounts

Earlier this month, the U.S. Department of the Treasury unveiled its long-awaited proposed regulations targeting valuation discounts commonly used in estate planning, thereby overturning decades of settled law. As drafted, the…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

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The Corporate Transparency Act: An Update

The Corporate Transparency Act (CTA) will be effective on Jan. 1, 2024. For the first time, the United States now will require certain legal entities to report to the federal government identifying information about the…more

Beneficial Owner, Control Test, Corporate Transparency Act, FinCEN, NPRM

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Key Issues for Lenders to Consider in the COVID-19 Crisis

The ongoing impact of COVID-19 and the international response to the virus has almost every business reviewing potential impacts to their cash flow and operations, as well as developing contingency plans to address disruptions…more

Commercial Loans, Coronavirus/COVID-19, Lenders

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Landlords and Their Loans During COVID-19

Given the recent financial turmoil due to the global coronavirus (COVID-19) pandemic, and in response to the ongoing local, state and federal government orders to close or limit businesses, landlords are increasingly concerned…more

Business Closures, Coronavirus/COVID-19, Real Estate Investments

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California Mandates Greenhouse Gas Emissions Disclosures Beginning Jan. 1, 2024

Assembly Bill 1305 (AB 1305), also called the Voluntary Market Disclosures Act, is a new California statute requiring companies to make certain disclosures if they make claims in the state regarding greenhouse gas (GHG)…more

Carbon Off-Set Credits, Climate Change, Compliance, Disclosure Requirements, Effective Date

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Florida Legislature Amends Ban on Restrictive Development Requirements After Recent Hurricanes

Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted Senate…more

Amended Legislation, Building Permits, Construction Industry, General Plan, Hurricane Season

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Podcast - Bringing Mindfulness and Best Practices to Trial Law

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With their…more

Best Practices, Defense Strategies, Jury Trial, Litigation Strategies, Mock Trials

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Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one…more

Acquisitions, Antitrust Division, Antitrust Provisions, Asset Management, Biden Administration

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U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without photographer…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Artists, Commercial Use, Copyright

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New York Employers Beware: State's Social Media Privacy Law Became Effective March 12, 2024

New York Gov. Kathy Hochul signed two bills on Sept. 14, 2023, Assembly Bill 836 (A836) and Senate Bill 2518A (S2518A). The law applies to personal social media accounts, defined as "an account or profile on an electronic medium…more

Anti-Retaliation Provisions, Best Practices, Job Applicants, New Legislation, Social Media

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U.S. Supreme Court Agrees to Hear Nondelegation Case

The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's…more

Administrative Agencies, Administrative Law Judge (ALJ), Administrative Proceedings, Article I, Constitutional Challenges

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Reducen tarifas de retención y autorretención para el sector minero e hidrocarburos en Colombia

El Gobierno Nacional de Colombia modificó mediante el Decreto 0242 de 2024 las tarifas de retención y autorretención aplicables a las empresas del sector minero y de hidrocarburos. Estas modificaciones fueron realizadas con base…more

Coal, Colombia, Crude Oil, Energy Sector, Hydrocarbons

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On Heels of Recent Rule Amendments, DOJ and SEC Target Purported 10b5-1 Trading Plan Abuse

A few months after the U.S. Securities and Exchange Commission (SEC) finalized amendments to address perceived abuses of corporate insider trading plans (known as "10b5-1 trading plans"), the U.S. Department of Justice (DOJ)…more

10b5-1 Plans, Affirmative Defenses, Amended Rules, Compliance, Department of Justice (DOJ)

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Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the…more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

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A Summary and Early Analysis of SEC Final SPAC Rules

By vote of 3 to 2, the U.S. Securities and Exchange Commission (SEC or Commission) on Jan. 24, 2024, adopted new rules and amendments (SPAC Rules) pertaining to special purpose acquisition companies (SPACs), with the stated goal…more

Conflicts of Interest, Corporate Governance, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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$300 Million for FAST-SAF Grants Now Open

The Federal Aviation Administration (FAA) announced $300 million in funding for projects to help the aviation sector reach net-zero emissions by 2050. The application window is now open for $245 million in Fueling Aviation's…more

Aerospace, Aviation Industry, Biofuel, Competitive Bidding, Federal Aviation Administration (FAA)

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Delaware Supreme Court Adopts Universal 3-Part Test to Assess Demand Futility

In a Sept. 23, 2021, decision that may make it easier for Delaware boards of directors to obtain an early dismissal of derivative suits brought against them, the Delaware Supreme Court in United Food and Commercial Workers Union…more

Board of Directors, Class Action, DE Supreme Court, Demand Futility, Derivative Suit

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New Guidance Issued on Financial Value Transparency and Gainful Employment Regulations

The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The Department's…more

Colleges, Compliance, Dear Colleague Letter, Department of Labor (DOL), Disclosure Requirements

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Agreement Modifies Imported and Exported Merchandise Regulated by SENER in Mexico

The Mexican Ministries of Economy (Secretaría de Economía or SE) and Energy (Secretaría de Energía or SENER) on Nov. 6, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the…more

Diesel Fuel, Exports, Hydrocarbons, Imports, International Trade

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may…more

Add-ons, Banking Regulators, Compliance, Constitutional Challenges, Consumer Financial Contracts

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Biden Administration's Focus on Offshore Wind Energy: DOI's Plan and Other Recent Developments

U.S. Department of the Interior (DOI) Secretary Deb Haaland announced in October that the Biden Administration would be opening up the U.S. coastline to large-scale, offshore wind farming. Speaking at a wind industry conference…more

Biden Administration, BOEM, Department of the Interior, Energy Projects, Offshore Lease

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President Biden Unveils FY 2023 Budget Request

The White House on March 28, 2022, released President Joe Biden's $5.8 trillion proposed budget for federal spending in fiscal year (FY) 2023. The president's budget proposal serves as a fiscal blueprint for the administration's…more

Appropriation, Biden Administration, Federal Budget, Public Agencies

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Findings from Gibbins’ Annual Healthcare Bankruptcy Report

In this episode of "Counsel That Cares," bankruptcy attorney Tyler Layne is joined by Gibbins Advisors managing directors Clare Moylan and Ron Winters to discuss their company's annual healthcare bankruptcy report. Their…more

Affordable Care Act, Bankruptcy Code, Centers for Medicare & Medicaid Services (CMS), Chapter 11, Commercial Bankruptcy

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"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing the…more

Affordable Housing, CEQA, General Plan, Grace Period, Housing Developers

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Supreme Court Clarifies Securities Safe Harbor Under Bankruptcy Code

• In a unanimous decision, the U.S. Supreme Court ruled against the petitioner in Merit Management Group, LP, Petitioner v. FTI Consulting, Inc., affirming the decision of the U.S. Court of Appeals for the Seventh Circuit. •…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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FinCEN Proposal for Nonfinanced Purchases of Residential Real Estate and Gratuitous Transfers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Feb. 7, 2024, issued a Notice of Proposed Rulemaking (NPRM) proposing a new nationwide reporting obligation to be imposed on settlement…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Cash Transactions

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New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims involving…more

Actual Damages, Class Action, Consumer Contracts, Consumer Fraud, NJ Supreme Court

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Planning For The End of LIBOR

By 2021, it is likely that LIBOR will no longer exist, and even more likely that it will no longer be the leading global benchmark interest rate. This news comes from the U.K. Financial Conduct Authority’s (FCA) announcement…more

Aviation Industry, Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Financial Institutions

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FCC Approves Five Multipurpose Waivers of New Accessibility Rules

In the first action of its kind, the Federal Communications Commission has approved, in part, five class waivers of its new accessibility rules for advanced communications services ("ACS"), which were adopted last October (the…more

Accessibility Rules, ACS, CVAA, FCC

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Iniciativa del Ejecutivo Federal en materia de organismos públicos en México

El Ejecutivo Federal de México, el 18 de abril de 2023, presentó ante la Cámara de Diputados la iniciativa con proyecto de decreto por el que se reforman, adicionan y derogan diversas disposiciones de distintos ordenamientos, en…more

Administrative Agencies, Administrative Procedure, Mexico, Regulatory Agencies, Regulatory Reform

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Transit Agency Advertising: Reasoned Approach Needed for Evaluating Political Ads

There's likely no mode of transportation that President-Elect Joe Biden savors more than public rail. A September 2020 ruling by the U.S. Court of Appeals for the Third Circuit holding the Southeastern Pennsylvania…more

Advertising, Advertising Standards Authority, Appeals, Biden Administration, First Amendment

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Healthcare Law Update: October 2021

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a…more

Abuse of Discretion, Anti-Kickback Statute, Appeals, Attorney-Client Privilege, Comment Period

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A New House Speaker: Who Is Michael Johnson?

Rep. Mike Johnson (R-La.) was elected Speaker of the U.S. House of Representatives on Oct. 25, 2023, by a vote of 220-209, with all Republicans voting in his favor. Johnson, the 56th Speaker of the House, is now tasked with…more

Legislative Agendas, Political Parties, Speaker of the House

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Holland & Knight's Israel Practice Newsletter: Winter 2020

Holland & Knight invites you to read our Winter 2020 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than…more

Abraham Accords Peace Agreement, Biden Administration, Cannabidiol (CBD) oil, Clean Tech, Coronavirus/COVID-19

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Holland & Knight Defense Situation Report: February 2024

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments…more

Appropriations Bill, Biden Administration, China, Congressional Committees, Congressional Investigations & Hearings

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Treasury Department, IRS Release Final Regulations on Direct Pay Under CHIPS Act Section 48D

The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code to incentivize the production of semiconductors and semiconductor manufacturing equipment in the United States. The credit is equal to…more

Final Rules, IRS, Manufacturers, Partnerships, Semiconductors

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Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered…more

Best Practices, Class Action, Cyber Attacks, Cybersecurity, Data Breach

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Interior Department Announces Rule on Financial Assurance for Offshore Oil and Gas

For a decade, the U.S. Department of the Interior has wrestled with financial assurance (or bonding) requirements for offshore oil and gas companies. Over the last 10 years, the Interior Department has released – and later…more

BOEM, Bonds, Credit Ratings, Decommissioned Facilities, Department of the Interior

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The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number…more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall…more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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Why Florida Commercial Landlords Should Push for Rent Determination Hearings Under Section 83.232

The Florida Legislature intended for commercial tenant evictions to proceed quickly under Florida's summary procedure statute. See §§ 51.011, 83.21, Fla. Stat. (2021). Nevertheless, securing a prompt hearing comes with many…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Eviction

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IRS Energy Community Bonus Guidance Provides Welcome Clarity

After much anticipation, the Internal Revenue Service (IRS) released guidance regarding the energy community bonus credit under Sections 45, 48, 45Y and 48E, which also is applicable for purposes of Section 48C. The guidance…more

Community Development Entities, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), IRS

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Potential Transfer Tax Reform and 2016 Year-End Tax Planning Considerations

With the upcoming Republican control of the executive and legislative branches, tax changes are certain to occur. As articulated thus far, President-Elect Donald Trump has proposed the elimination of the federal estate tax in…more

Capital Gains, Estate Planning, Estate Tax, Tax Rates, Tax Reform

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Podcast: Discussing and Demystifying the IRS News Release on ESOPs

This episode of the Holland & Knight Public Policy & Regulation Group's "Eyes on Washington" podcast series is guest hosted by the co-chairs of the firm's ESOP (Employee Stock Ownership Plans) practice, Renee Lewis and David…more

Employee Benefits, Employee Stock Purchase Plans, ESOP, IRS, Tax Planning

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Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire…more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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OIG Looks at How Employed Physicians Bonuses Are Paid from ASC Profits

The U.S. Department of Health & Human Services Office of the Inspector General (OIG) on Oct. 13, 2023, posted Advisory Opinion No. 23-07 detailing a favorable response to a proposal by a Requestor to pay bonuses to its physician…more

Advisory Opinions, Ambulatory Surgery Centers, Anti-Kickback Statute, Bonuses, Compensation

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Types of Guarantees in Commercial Leases

Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor) that…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Guarantors

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Who's the Boss? In Vance, Supreme Court Defines "Supervisor" for Purposes of Title VII Harassment Claims

Since two landmark U.S. Supreme Court decisions in 1998, the courts have applied different rules to sexual and other discriminatory harassment claims under Title VII of the Civil Rights Act of 1964 ("Title VII") based on whether…more

Equal Employment Opportunity Commission (EEOC), Harassment, Hiring & Firing, SCOTUS, Supervisors

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Colombia's SIC Requires Compliance with National Registry of Databases 2024 Obligations

Colombia's Superintendence of Industry and Commerce (SIC) reiterated the importance of complying with its obligations as set forth through Circular 003 of Aug. 1, 2018, regarding the update and registrations of databases in the…more

Colombia, Compliance, Corporate Governance, Data Protection, Deadlines

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Court Compels Plaintiff to International Arbitration with Nonsignatories

• In Caporicci U.S.A. Corp. v. Prada S.p.A., a U.S. District Court for the Southern District of Florida judge granted a motion to compel plaintiff and defendants, and certain service providers, to arbitrate in Milan, on the…more

Arbitration, Arbitration Agreements, Enforcement, Foreign Arbitration Clauses, International Arbitration

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Puerto Rico Announces Long-Awaited Renewable Energy Request for Proposals

The Puerto Rico Electric Power Authority (PREPA), a public corporation and governmental instrumentality of the Commonwealth of Puerto Rico, on Feb. 22, 2021, issued a request for proposals (RFP) to developers for the…more

Energy Projects, Energy Storage, Power Purchase Agreements, Puerto Rico, Renewable Energy

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New Treasury Regulations Revise Taxation of U.S. Persons Owning Foreign Corporations - Guidance Will Impact Minority Partners in Domestic Partnerships

Highlights - • In an unanticipated development, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) recently issued regulations (New Guidance) that significantly modifies the taxation of U.S…more

Controlled Foreign Corporations, Domestic Partnership, GILTI tax, Income Taxes, IRS

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Karl Lott Highlights the Beauty of Diversity and the Challenges the LGBTQ Community Faces

Holland & Knight's Diversity Council and LGBTQ Affinity Group were proud to celebrate Pride Month and engage in the conversation for equality and embrace our diverse community by coming together without exception and supporting…more

Diversity, Diversity and Inclusion Standards (D&I), LGBTQ

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Treasury Department, IRS Release Final Regulations on Direct Pay Under CHIPS Act Section 48D

The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code to incentivize the production of semiconductors and semiconductor manufacturing equipment in the United States. The credit is equal to…more

Final Rules, IRS, Manufacturers, Partnerships, Semiconductors

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OIG Warns Healthcare Providers on Speaker Fees Paid by Pharmaceutical, Medical Device Companies

The U.S. Department of Health and Human Services' Office of Inspector General (OIG) issued a Special Fraud Alert on Nov. 16, 2020, to highlight and warn healthcare professionals of inherent fraud and abuse risks associated with…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Fees, Fraud, Fraud Alerts

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Mayor de Blasio Announces Banning As-of-Right Hotel Projects in New York City

According to recent media stories, New York City Mayor Bill de Blasio has announced that he is directing his Department of City Planning (DCP) to study expanding regulations prohibiting as-of-right development of hotels…more

Hotels, Lobbying, Municipalities, Permits, Real Estate Development

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Compliance Corner: Contribution Attribution and Federal Primary Dates for 2014

With 2014 being a federal election year, and primary elections occurring during a span of just six quick months, it is important to keep an eye on the dates of those primaries when making political contributions to avoid a…more

Compliance, Deadlines, Election Laws, Federal Election Commission (FEC)

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Questions Surround AI-Generated Art and Copyright Authorship

We previously discussed the idea of who is the owner and who is the creator of AI-generated art. A recent case brought by Stephen Thaler seeks to answer those questions. In his lawsuit, Dr. Stephen Thaler, President and CEO of…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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Hospital M&A Trends & Strategic Considerations for 2024

In this episode of "Counsel That Cares," healthcare attorney Colin Luke examines transactions for hospitals and health systems, as well as what's driving that activity across the country with hospitals and health systems,…more

Acquisitions, Corporate Counsel, Health Care Providers, Hospital Mergers, Hospitals

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FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology…more

Acquisitions, Anticompetitive Behavior, Antitrust Division, Corporate Practice of Medicine, Department of Justice (DOJ)

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Changes to New York's Housing Laws: What You Need to Know

New York state has enacted changes in the housing laws that will have a significant impact on the development and operation of multifamily housing in New York City and the state, and will also ameliorate the effects of several…more

Affordable Housing, Construction Project, Density Bonus, Eviction, Housing Developers

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CMS Publishes Final Rule on Programs of All-Inclusive Care for the Elderly (PACE)

The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on April 4, 2024, that makes a number of changes to regulations governing the Programs of All-Inclusive Care for the Elderly (PACE). Among other things,…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, Final Rules, Grievance Process, Health Care Providers

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Federal Real Estate in a Turbulent Market, Part I: When the Government Leaves Early

The commercial real estate market in the United States is undergoing a profound shift as building vacancy increases in most major markets and as trillions of dollars of financing are coming due in 2024…more

Abandoned Property, Calculation of Damages, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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California's 2024 Housing Laws: What You Need to Know

The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the…more

Accessory Dwelling Units (ADUs), Affordable Housing, CEQA, Density Bonus, Environmental Impact Report (EIR)

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California Revives De Minimis Lender License Exemption

In California, any person engaging in the business of a finance lender or broker must obtain a license from the commissioner of the Department of Financial Protection & Innovation. The California Finance Code defines "finance…more

Brokers, Department of Financial Protection and Innovation (DFPI), Exemptions, Finance Lender, Governor Newsom

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Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events…more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

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Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act…more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

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Beyond the Hype: The SEC's Intensified Focus on AI Washing Practices

The U.S. Securities and Exchange Commission (SEC) is cracking down on how firms promote their artificial intelligence (AI) technologies to protect investors from falling victim to "AI-washing." On March 18, 2024, the SEC charged…more

Algorithms, Artificial Intelligence, Best Practices, Client Data, Disclosure Requirements

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Called to Account: SEC's Latest Internal Accounting Controls Action Reignites Debate

Several years ago, the U.S. Securities and Exchange Commission (SEC) issued an order against a public company that raised more than a few eyebrows. In that order, the company settled to violations of Section 13(b)(2)(B) of the…more

10b5-1 Plans, Accounting, Enforcement Actions, Enforcement Authority, Financial Accounting

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Postmortem Email Privacy? Don't Bet Your Life on It

• The delicate balance between a decedent's personal privacy interests and a personal representative's right to access the decedent's property was recently addressed in a Massachusetts Supreme Judicial Court case with broad…more

Implied Consent, MA Supreme Judicial Court, Personal Representatives, Stored Communications Act, Terms of Service

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Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of…more

Destruction of Evidence, Evidence, Fishing Industry, Rule of Lenity, Sarbanes-Oxley

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Accelerated Rent Clauses in Massachusetts Commercial Leases

Massachusetts' highest court, in its 2007 opinion in Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490, 494 (2007), shocked commercial leasing lawyers by announcing that accelerated rent clauses (i.e.,…more

Accelerated Payments, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Podcast - Deberes fiduciarios de los administradores

En el sexto episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés Mejía conversa con Alba Malagón, socia del área corporativa, sobre los deberes fiduciaries de los administradores de una sociedad. Los abogados…more

Board of Directors, Breach of Duty, Corporate Counsel, Corporate Governance, Fiduciary Duty

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American Rescue Plan Act of 2021: Summary

The U.S. House of Representatives on March 10, 2021, passed the Senate-amended H.R. 1319, the American Rescue Plan (ARP). The ARP provides $1.9 trillion in additional relief to respond to the novel coronavirus (COVID-19). This…more

Agricultural Sector, American Rescue Plan Act of 2021, Biden Administration, Broadband, Coronavirus/COVID-19

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Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

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Thoughts on Recent Amendments to the Florida Patient Brokering Act - The Sky Is Not Falling

The Florida Legislature recently amended the Florida Patient Brokering Act (PBA), effective July 1, 2019. Since then, a raft of articles have argued that long-standing arrangements between healthcare providers and potential…more

Advice-of-Counsel Defense, Amended Legislation, Anti-Kickback Statute, Appeals, Criminal Liability

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ANH en Colombia actualiza tarifas para el año 2024, correspondientes a derechos económicos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia, el 15 de enero de 2024, expidió la Circular 0001 por medio de la cual se actualizan las tarifas para el año 2024, correspondientes a derechos económicos pactados en los…more

Colombia, Contract Terms, Energy Exploration, Energy Projects, Energy Sector

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Revisiting AI Inventorship in Thaler v. Vidal

The U.S. Court of Appeals for the Federal Circuit recently released its decision in Thaler v. Vidal, No. 21-2347 (Fed. Cir.), the much-discussed case that addresses whether artificial intelligence (AI) software can be listed as…more

Artificial Intelligence, Inventors, Patent Applications, Patent Litigation, Patents

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Navigating Personnel Security Clearances (PCLs)

In the second episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into personnel security clearances (PCLs) with National Security, Defense, and Intelligence attorneys Andrew McAllister and…more

Classified Information, Department of Defense (DOD), Federal Contractors, National Security, Security Clearance

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Landlords and Their Loans During COVID-19

Given the recent financial turmoil due to the global coronavirus (COVID-19) pandemic, and in response to the ongoing local, state and federal government orders to close or limit businesses, landlords are increasingly concerned…more

Business Closures, Coronavirus/COVID-19, Real Estate Investments

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U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless…more

Choice-of-Law, Common Law Claims, Forum Selection, Insurance Contracts, Insurance Industry

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Podcast - Counsel That Cares - Increased Investor Interest in Cardiology

In this episode of “Counsel That Cares,” healthcare and private equity attorney David G. Marks is joined by Stephen Scott, managing director at Bailey & Company, and Dana Jacoby, president and CEO of Vector Medical Group, to…more

Health Care Providers, Healthcare Facilities, Hospital Mergers, Hospitals, Physicians

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House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will…more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Third Circuit Affirms Application of "Reasonable Reader" Test Under FCRA

The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq…more

Appeals, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Objective Standard

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Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to…more

Biometric Information, California Consumer Privacy Act (CCPA), Consent, Covered Entities, Data Collection

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Division of Corporation Finance Releases New CDIs

The SEC recently released new Compliance and Disclosure Interpretations (CDIs) on a variety of topics under the Securities Act, the Exchange Act and Regulation S-K. A brief summary of some of these new CDIs is presented below…more

Compliance, Disclosure Requirements, Executive Compensation, Regulation S-K, Rule 144A

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Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need not…more

Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Cross-Border, Delivery Drivers

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IRS Releases Proposed Regulations on Carried Interest Under Section 1061 of the Code

The Internal Revenue Service (IRS) on July 31, 2020, published proposed regulations (Proposed Regulations) on the tax treatment of certain partnership interests held in connection with the performance of services (such interests…more

Carried Interest, Internal Revenue Code (IRC), IRS, Proposed Regulation

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The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number…more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire…more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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D.C. Council Pushing Legislation to Create Affordable Housing

The District of Columbia Council continues to push forward legislation to create more affordable housing in the District. The Green New Deal for Housing Amendment Act of 2022 (Green New Deal for Housing), was introduced on April…more

Administrative Agencies, Affordable Housing, Green Buildings, Net Zero, Proposed Legislation

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FERC Issues Notice of Inquiry to Update Rules on Allocating Interstate Pipeline Capacity

In response to a Petition for Rulemaking filed on June 22, 2022 (Petition), the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Inquiry (NOI) on March 21, 2024, seeking additional information…more

Auction, Comment Period, Energy Projects, Energy Sector, FERC

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Federal and Florida Officials Discuss Enforcement Priorities, How Companies Can Minimize Risk

Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current federal…more

Compliance, Cooperation, Corporate Misconduct, Cyber Attacks, Department of Justice (DOJ)

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2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more

New Legislation, Proposed Legislation, State Budgets

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ANH en Colombia actualiza tarifas para el año 2024, correspondientes a derechos económicos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia, el 15 de enero de 2024, expidió la Circular 0001 por medio de la cual se actualizan las tarifas para el año 2024, correspondientes a derechos económicos pactados en los…more

Colombia, Contract Terms, Energy Exploration, Energy Projects, Energy Sector

See all updates »

New Registry for Importers of Steel Products in Mexico

The "Agreement amending the various regulations by which the Ministry of Economy issues General Rules and Criteria on Foreign Trade" (Agreement) was published in Mexico’s Official Gazette of the Federation on April 15, 2024. The…more

Foreign Trade Regulations, Importers, Imports, International Harmonization, Mexico

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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DOL Issues Final Rule on Climate Change, ESG Factors for Retirement Plan Investments

The U.S. Department of Labor (DOL) on Nov. 22, 2022, announced its adoption of amendments to the regulation setting out retirement plan fiduciary duties of prudence and loyalty under the Employee Retirement Income Security Act…more

Amended Rules, Benefit Plan Sponsors, Biden Administration, Climate Change, Department of Labor (DOL)

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USPTO Issues New Guidance on AI-Assisted Inventorship

The U.S. Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. The U.S. Court of Appeals for the Federal Circuit previously…more

Artificial Intelligence, Biden Administration, Comment Period, Executive Orders, Inventions

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Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been…more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

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Update on Solar Power Plant Development in Florida

Solar photovoltaic (PV) generation projects continue to grow in Florida. Although Florida's net metering rule1 has fostered smaller customer-owned rooftop solar projects, the most dramatic growth has been in large scale2,…more

Electricity, Energy Projects, Power Plants, Public Service Commissions, Renewable Energy

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Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire…more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

See all updates »

Good News, Federal Grant Recipients: Relief Is on the Way!

Recipients of grants and other forms of federal financial assistance will soon get much-needed relief from the heavy access, administrative and compliance burdens currently imposed by the Office of Management and Budget's (OMB)…more

Biden Administration, Federal Contractors, Federal Funding, Federal Grants, Guidance Update

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SEC Concept Release Requests Market Comment to Update Regulation S-K

HIGHLIGHTS: - The U.S. Securities and Exchange Commission (SEC) issued a 341 page concept release in April requesting market participants to comment on its proposals to update and modernize Regulation S-K. - The…more

Comment Period, Disclosure Requirements, Regulation S-K, Reporting Requirements, Securities and Exchange Commission (SEC)

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed Decisions by Brand Operators

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows "general…more

Commercial Real Estate Market, Condominiums, Crowdfunding, Financing, General Solicitation

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Tenth Circuit Dismisses Claims Related to High-Cost Funds, High Recordkeeping Fees

The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan…more

Appeals, Appellate Courts, Benchmark Pricing, Benefit Plan Sponsors, Breach of Duty

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Holland & Knight's China Practice Newsletter: September-October 2022

China Practice Newsletter Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies…more

Advertising, CFIUS, China, Cryptocurrency, Digital Assets

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A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

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ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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The Cost of Free Money: Compliance Requirements of the Bipartisan Infrastructure Law

Through the Bipartisan Infrastructure Law (BIL), the federal government has committed to funding more than $1 trillion for projects involving construction, manufacturing and energy initiatives. Much of this funding will be…more

Biden Administration, Bipartisan Budget Act, Department of Energy (DOE), Federal Funding, Federal Grants

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Holland & Knight's China Practice Newsletter: November-December 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making…more

Acquisitions, Annual Reports, Biden Administration, CFIUS, China

See all updates »

Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department of…more

Affirmative Action, Biden Administration, Civil Rights Act, College Admissions, Colleges

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Florida Legislation Will Increase Background Screening for Healthcare Professionals

House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare…more

Background Checks, Criminal Background Checks, Governor DeSantis, Health Care Providers, Healthcare Facilities

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Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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U.S. Tax Court: Limited Partner SECA Exception Requires Functional Analysis

The U.S. Tax Court recently issued a precedential opinion in Soroban Capital v. Commissioner, holding that the limited partner exception to the Self-Employed Contributions Act (SECA) in Section 1402(a)(13) of the Internal…more

Income Taxes, Internal Revenue Code (IRC), IRS, Limited Partnerships, Partnerships

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Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply…more

Antitrust Provisions, Biden Administration, Competition, Contract Drafting, Contract Terms

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Texas Judge Invalidates ACA Preventive Care Mandates: Impact on Employer-Sponsored Plans

A Texas district court judge has overruled certain preventive care mandates of the Patient Protection and Affordable Care Act (ACA), holding that they are unconstitutional and, in one case, violate the Religious Freedom…more

Affordable Care Act, Benefit Plan Sponsors, Constitutional Challenges, Employee Benefits, Employer Mandates

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation applies…more

Abrogation, Bankruptcy Code, Government Entities, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Legal History

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Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties…more

American Hospital Association, Business Associates, Class Action, Covered Entities, Department of Health and Human Services (HHS)

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Section 1782 Subpoenas: Questions May Remain Regarding Foreign or International Arbitrations

Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking…more

American Arbitration Association, Arbitration, Arbitration Agreements, Commercial Arbitration, Commercial Arbitration Act

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Proposed Treasury Regulations Reverse Guidance on Domestically Controlled REITs

The U.S. Department of the Treasury and IRS on Dec. 29, 2022, published proposed regulations (Proposed Regulations) under Section 897 of the Internal Revenue Code of 1986, as amended (Code). The Proposed Regulations…more

C-Corporation, Comment Period, Domestic Partnership, Foreign Investment, Internal Revenue Code (IRC)

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Legal Insights on the Import of PPE and Other Medical Supplies Vital to Fighting COVID-19

The COVID-19 crisis has revealed the extent to which the United States and other countries are dependent upon a well-functioning global supply chain of critical medical supplies, including ventilators and Personal Protective…more

Coronavirus/COVID-19, Medical Supplies, Personal Protective Equipment, Supply Chain

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Who Decides if a Dispute Is Subject to Arbitration?

The Florida Supreme Court on March 31, 2022, found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb's Terms of Service constitutes clear and unmistakable evidence of…more

AirBnB, American Arbitration Association, Arbitration, Contract Terms, Incorporation by Reference

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New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic…more

Breach of Contract, Civil Liability, Class Action, Colleges, Coronavirus/COVID-19

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Acciones afirmativas para mujeres en materia penal en Colombia

En el Comité de Diversidad e Inclusión de Holland & Knight hacemos constante seguimiento y estudio a los cambios normativos y jurisprudenciales relacionados con diversidad, equidad e inclusión (DE&I). Como parte de nuestro…more

Affirmative Action, Colombia, Criminal Convictions, Diversity and Inclusion Standards (D&I), Penal Code

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2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of the…more

Air Quality Standards, Bodily Injury, CERCLA, Certifications, Compliance

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IRS Announces New Campaign to Audit Personal Use of Business Jets

The IRS announced a new campaign to audit high-net-worth taxpayers claiming business deductions for the use of private jets. Using some of the $80 million allocated for enhanced enforcement in the Inflation Reduction Act of 2022…more

Aircraft, Business Expenses, Enforcement Priorities, High Net-Worth, Inflation Reduction Act (IRA)

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Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the…more

Citizenship, CMBS, Commercial Mortgage Securitization, Commercial Mortgages, Coronavirus/COVID-19

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Cooperation with SEC: Yielding More Benefits, but Lack of Predictability Remains

Although the SEC has long adhered to its Seaboard Report of Investigation to outline the analytical framework for the agency's cooperation program for companies, the exact benefits of self-policing, self-reporting, cooperation…more

Administrative Proceedings, Civil Monetary Penalty, Cooperation, Corporate Counsel, Department of Justice (DOJ)

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Minor Change in the Law Could Save Florida Landlords Hundreds of Hours Per Year

To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances becomes law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real…more

Amended Legislation, Commercial Leases, Landlords, Rental Property, Residential Leases

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Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing…more

Board of Directors, Contract Terms, Corporate Governance, EBITDA, Investment Companies

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IRS Announces New Campaign to Audit Personal Use of Business Jets

The IRS announced a new campaign to audit high-net-worth taxpayers claiming business deductions for the use of private jets. Using some of the $80 million allocated for enhanced enforcement in the Inflation Reduction Act of 2022…more

Aircraft, Business Expenses, Enforcement Priorities, High Net-Worth, Inflation Reduction Act (IRA)

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Commerce Department Announces BEAD Program State Funding Totals

The U.S. Department of Commerce on June 26, 2023, announced funding for each state, U.S. territory and the District of Columbia for high-speed internet infrastructure development through the Broadband Equity Access and…more

Bonds, Broadband, FCC, Federal Funding, Government Bonds

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Pharmacies Not Immune From Enforcement Action for Role in Patient Assistance Programs

A recent U.S. Department of Justice (DOJ) settlement should serve as a reminder that pharmaceutical manufacturers are not the only entity in the drug supply chain that are susceptible to enforcement actions with respect to…more

Department of Justice (DOJ), Enforcement Actions, Patient Assistance Programs, Pharmacies

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Healthcare Law Update: February 2020

Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims - In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark Act…more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Diagnostic Tests

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First Circuit: Trademark Licensee Doesn't Retain Rights After Rejection by Bankrupt Licensor - Court's Decision Causes Circuit Split, Sheds Different Light on Section 365 of Bankruptcy Code

• Considered without reference to a corresponding definition, Section 365(n) of the Bankruptcy Code seems clear. If the trustee or debtor-in-possession, as licensor, rejects an executory intellectual property license, the…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the…more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

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CMS Proposes Minimum Staffing Standards for Long-Term Care Facilities

The Centers for Medicare & Medicaid Services (CMS) published a proposed rule on Sept. 1, 2023, that, if finalized, would impose minimum staffing standards for long-term care facilities participating in Medicare or Medicaid…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Long Term Care Facilities, Long-Term Care, Medicaid

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery (Cybergenics),…more

Aiding and Abetting, Bad Faith, Bankruptcy Court, Breach of Duty, Commercial Bankruptcy

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Disponen alivios a las modificaciones de FPO de proyectos de energía en Colombia

El Ministerio de Minas y Energía (MME) en Colombia publicó el 2 de febrero de 2024, la Resolución 40042 por medio del cual se adoptaron medidas de carácter definitivas para otorgar alivios a los proyectos de generación,…more

Electricity, Energy Projects, Energy Sector, Energy Storage, Investors

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Leasing Guidance During COVID-19: A Look at Various Lease Covenants

As large retailers, small shops, restaurants, entertainment venues, gyms and movie theaters have shut their doors in response to social distancing efforts and mandated closures by governmental authorities, many of these affected…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords

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EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured…more

Compliance, Effective Date, Environmental Protection Agency (EPA), Filing Deadlines, Final Rules

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Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average of…more

Constitutional Challenges, Federal Labor Laws, Mexico, Profit Sharing, Supreme Court of Mexico

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Court Evaluates Evidence of a Trade Secret's Independent Economic Value

Information must be "secret" or not generally known to have value as a trade secret, and value cannot be based upon general company revenue or sales price alone. As a result, owners of trade secrets must take reasonable efforts…more

Misappropriation, Trade Secrets, Value Statements

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To Compete or Non-Compete: Rulemaking Proposal Aims to Ban Non-Competes Nationally

A majority of states currently recognize the enforceability of non-compete agreements to some extent. Generally, these agreements prohibit employees from working in the same or similar profession for a period of time following…more

Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Virtual Shareholders Meetings: Draft Decree Amends Mexico's General Law of Commercial Companies

The Mexican Senate, on Sept. 12, 2023, unanimously approved the draft Decree reforming several provisions of the General Law of Commercial Companies (Ley General de Sociedades Mercantiles or LGSM). By virtue of this reform, it…more

Bylaws, Corporate Governance, General Corporation Law, Mexico, Pending Legislation

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NYC's Guaranty Law Violated the Contracts Clause of the U.S. Constitution

Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults that…more

Business Interruption, Commercial Leases, Commercial Property Owners, Constitutional Challenges, Contracts Clause

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Holland & Knight's Israel Practice Newsletter: Spring 2018

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than…more

Aircraft, Anti-Discrimination Policies, Collective Bargaining, Commercial Leases, Cryptocurrency

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Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal…more

Advanced Notice of Proposed Rulemaking (ANPRM), Common Carriers, Detention, Federal Maritime Commission, Fee Disputes

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FAA to Review Scope of Authorized On-Demand Air Services

The Federal Aviation Administration (FAA) has issued an advance copy of its Notice of Intent (Notice) to initiate a rulemaking to reconsider the way in which the FAA regulates certain air carriers that perform public charter…more

Air Carriers, Airlines, Charter, Comment Period, Federal Aviation Administration (FAA)

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USMCA Deadline to File Legacy Investment Arbitrations Approaches

The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive rules,…more

Arbitration, Commercial Contracts, CPTPP, Dispute Resolution, Dispute Resolution Clauses

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Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S…more

Abortion, Biden Administration, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Low-Cost Index Funds in the Crosshairs of New 401(k) Lawsuits

Since late July, at least 10 lawsuits have been filed against large 401(k) plan sponsors that offer certain BlackRock Inc. target-date funds (TDF) among their investment options. In an unexpected pivot away from the 401(k)…more

401k, Benefit Plan Sponsors, BlackRock, Class Action, Employee Benefits

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House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will…more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of the…more

Appeals, Surveys, TCPA, Unsolicited Advertisements, Unsolicited Faxes

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Healthcare Law Update: February 2021

To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements or…more

Anti-Kickback Statute, Attorney-Client Privilege, Civil Monetary Penalty, Data Collection, Department of Health and Human Services (HHS)

See all updates »

Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average of…more

Constitutional Challenges, Federal Labor Laws, Mexico, Profit Sharing, Supreme Court of Mexico

See all updates »

New York LLC Transparency Act Update: Finally, Some Clarity

The New York LLC Transparency Act (NY LLCTA) will become effective as of Jan. 1, 2026, and will require limited liability companies (LLCs) formed, or qualified to do business, in the state of New York to disclose individual…more

Annual Reports, Attestation Requirements, Beneficial Owner, Corporate Governance, Corporate Transparency Act

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Baby HSRs: States Are Modeling Laws After Federal Act to Investigate More Transactions

In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Health Care Providers, Mergers

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FAA Proposes Commercial Drone Rules As White House Issues Executive Order - Pending Unmanned Aircraft Systems (UAS) Rules Would Ease Some Restrictions; Privacy to Be Addressed with Stakeholder Input

The Federal Aviation Administration (FAA) released its long-awaited Notice of Proposed Rulemaking (NPRM) on Sunday, Feb. 15, 2015 for the commercial use of small unmanned aircraft systems (UAS), commonly referred to as "drones."…more

Drones, Executive Orders, Federal Aviation Administration (FAA), NPRM, Privacy Concerns

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Good News, Federal Grant Recipients: Relief Is on the Way!

Recipients of grants and other forms of federal financial assistance will soon get much-needed relief from the heavy access, administrative and compliance burdens currently imposed by the Office of Management and Budget's (OMB)…more

Biden Administration, Federal Contractors, Federal Funding, Federal Grants, Guidance Update

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Recent Medicare Advantage Plan Settlement Highlights Anti-Kickback Statute's Breadth

A recent settlement involving a Medicare Advantage plan should serve as a reminder that the federal Anti-Kickback Statute (AKS) is broad and far-reaching, both on its face and in practice. On July 1, 2022, the U.S. Department of…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

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Hemp Industry Brings Case Against DEA to Clarify DEA's Hemp Rule

A hemp trade association and a hemp company have filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit challenging the U.S. Drug Enforcement Administration's (DEA) Interim Final Rule (IFR). The DEA…more

Appeals, Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Farm Bill

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No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business reports…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Podcast - Conversions of Public Hospitals

In this episode of "Counsel That Cares," healthcare attorney Jesse Neil examines the unique challenges and strategic options facing public hospitals, with a focus on navigating the turbulent waters of healthcare transformation…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Hospitals, Physicians

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Chevron Deference Running on Fumes?

Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision in…more

Administrative Interpretation, Chevron Deference, Clean Air Act, Congressional Intent, Constitutional Challenges

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Podcast - Increased Bankruptcies in the Pharmaceutical Sector

In this "Counsel That Cares" podcast episode, bankruptcy attorney Phillip Nelson is joined by special guests Ron Winters and Allan Shaw from Gibbins Advisors, a management consulting firm focused in the healthcare sector. The…more

Health Care Providers, Healthcare Facilities, Pharmaceutical Industry

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The Donald Sterling Case Provides Valuable Trustee Incapacity Insights - Establishing the Most Effective Instruments to Evaluate Trustees Can Be a $2 Billion Issue

The ideal individual trustee has a wide variety of real world experience and judgment that can only be acquired over decades. Thus, many trustees are middle-aged or older at the start of their tenure. While some people remain…more

Fiduciary Duty, Succession Planning, Trustees, Trusts

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[Webinar] Financial Services Regulatory Crystal Ball Outlook for 2024 - January 24th, 12:00 pm - 1:00 pm EST

Please join Holland & Knight's Financial Services Regulatory Team for a roundtable discussion on what to expect on the financial services landscape in 2024. Our attorneys will present on a wide range of topics in a "3-Minute…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, BSA/AML, Consumer Financial Products

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Airline Sued for Greenwashing Over Use of Carbon Offsets

A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and…more

Advertising, Airline Deregulation Act, Airlines, Carbon Emissions, Carbon Off-Set Credits

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U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee…more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Big Changes on the Horizon for Alcohol Licensing in Alaska

Recently signed legislation in Alaska promises to upend the alcohol industry and rework the state's licensing structure. On June 16, 2022, Alaska Gov. Mike Dunleavy signed into law Senate Bill 9 – a comprehensive rewrite of the…more

Alcohol Beverage Control, Amended Legislation, Governor Dunleavy, Liquor Licences, New Legislation

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Capturing Industrial Base from the DoD

With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is…more

Appropriations Bill, Biden Administration, CARES Act, China, Defense Contracts

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Knee Deep in the Big Muddy of Director Compensation and Stockholder Ratification

• The Delaware Supreme Court delivered a gift to the plaintiffs' bar with its recent opinion reversing the Court of Chancery's In Re Investors Bancorp, Inc. Stockholder Litigation decision. • This decision, the first Delaware…more

Appeals, Board of Directors, Corporate Counsel, DE Supreme Court, Director Compensation

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Ley 2306 de 2023: Ampliación del periodo de descanso remunerado durante la lactancia en Colombia

Recientemente se expidió la Ley 2306 del 31 de julio de 2023, por medio de la cual se promueve la protección de la maternidad y la primera infancia, creando incentivos y normas para la construcción de áreas que permitan la…more

Breastfeeding, Colombia, Employee Rights, Lactation Accommodation, Pregnancy

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U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee…more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Interior Department Finalizes Rule to Limit Oil and Gas, Mineral Development in Alaska

The U.S. Department of the Interior (Interior) released a final rule that will protect millions of acres of Alaskan wildness from the development of oil, gas and minerals. Interior's Bureau of Land Management (BLM), which…more

Biden Administration, Department of the Interior, Energy Sector, Final Rules, Land Preservation

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Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal…more

Advanced Notice of Proposed Rulemaking (ANPRM), Common Carriers, Detention, Federal Maritime Commission, Fee Disputes

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U.S. Department of Education Releases Its Long-Awaited Final Title IX Regulations

The U.S. Department of Education (Department) on April 19, 2024, released its final regulations for Title IX, the law that prohibits discrimination on the basis of sex in education programs or activities that receive federal…more

Colleges, Complaint Procedures, Educational Institutions, Federal Funding, Gender Identity

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Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the contract…more

Apprenticeships, Biden Administration, Collective Bargaining Agreements (CBA), Construction Project, Davis-Bacon Act

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Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the…more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

See all updates »

OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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Tax Liability Issues to Consider for High-Net-Worth Couples in Divorce

Divorce is not a topic most clients or tax advisors enjoy discussing. Nevertheless, it is important in today's day and age to advise clients, especially high-net-worth individuals with substantial assets located in the U.S. and…more

Alimony, Divorce, FIRPTA, Gift Tax, Grantor Trusts

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New York State Issues Updated Soil Vapor Intrusion Guidance

The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision…more

Brownfield Properties, Commercial General Liability Policies, Compliance, Contaminated Properties, Due Diligence

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A New House Speaker: Who Is Michael Johnson?

Rep. Mike Johnson (R-La.) was elected Speaker of the U.S. House of Representatives on Oct. 25, 2023, by a vote of 220-209, with all Republicans voting in his favor. Johnson, the 56th Speaker of the House, is now tasked with…more

Legislative Agendas, Political Parties, Speaker of the House

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CFIUS Looks to Expand Jurisdiction Over Deals Near Sensitive Military Facilities

The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule would…more

CFIUS, Covered Transactions, FIRRMA, Foreign Acquisitions, Foreign Investment

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Providers Negotiating with Doctors Who Have Restrictive Covenants Beware

Providers negotiating with doctors and other medical professionals who are bound by enforceable restrictive covenants is tricky business. By virtue of his/her/their position, these physicians may owe fiduciary duties to the…more

Attorney-Client Privilege, Breach of Duty, Contract Negotiations, Contract Terms, Crime-Fraud Exception

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Update on Hunstein Decision: Eleventh Circuit Vacates Original Panel Decision

The U.S. Court of Appeals for the Eleventh Circuit issued its initial opinion on Hunstein v. Preferred Collection and Management Services, Inc., No. 8:19-cv-00983-TPB-TGW on April 21, 2021. As previously discussed in a Holland &…more

Appeals, Data-Sharing, Debt Collection, Debt Collectors, En Banc Review

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Look for More Landlord Protections in Retail Deferral Agreements and Extensions

In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

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Diversidad, Equidad e Inclusión (DE&I) en el Plan Nacional de Desarrollo de Colombia: Parte 2

Una vez publicada nuestra primera entrega con lineamientos transversales dispuestos en el Plan Nacional de Desarrollo (PND) "Colombia potencia mundial de la vida", sobre asuntos de Diversidad e Inclusión (Diversity and…more

Anti-Discrimination Policies, Disability, Disability Discrimination, Diversity, Diversity and Inclusion Standards (D&I)

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Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to…more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Tax Court: Conservation Easement Proceeds Regulation Is Procedurally Invalid Under APA

In holding that that Treas. Reg. § 1.170A-14(g)(6)(ii) (Proceeds Regulation) is procedurally invalid under the Administrative Procedure Act (APA), the U.S. Tax Court abandoned its precedent in Oakbrook Land Holdings, LLC v…more

Administrative Procedure Act, Chevron Deference, Conservation Easements, Easements, Fair Market Value

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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SFC expide norma sobre integración de factores ASG en Fondos de Inversión Colectiva en Colombia

En un paso significativo hacia la integración de la sostenibilidad en el sector financiero, la Superintendencia Financiera de Colombia (SFC) expidió la Circular Externa No. 05 de 2024, por medio de la cual imparte instrucciones…more

Banking Sector, Colombia, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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FMCSA Issues Final Rule on Financial Security Requirements

The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should…more

Brokers, Compliance, Compliance Dates, Enforcement Authority, Final Rules

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Beneficios fiscales a contribuyentes de las zonas afectadas por el huracán Otis en México

Fue publicado en el Diario Oficial de la Federación (DOF) el 30 de octubre de 2023 el decreto por el que se otorgan diversos beneficios fiscales a los contribuyentes de las zonas afectadas en México por el huracán Otis…more

Hurricane Season, Mexico, Natural Disasters, Property Damage, Tax Relief

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Beneficios fiscales a contribuyentes de las zonas afectadas por el huracán Otis en México

Fue publicado en el Diario Oficial de la Federación (DOF) el 30 de octubre de 2023 el decreto por el que se otorgan diversos beneficios fiscales a los contribuyentes de las zonas afectadas en México por el huracán Otis…more

Hurricane Season, Mexico, Natural Disasters, Property Damage, Tax Relief

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CRE Publishes in CONAMER a Preliminary Project on Electromobility

Mexico's Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Feb. 14, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or…more

Charging Stations, Critical Infrastructure Sectors, Electric Vehicles, Energy Sector, Mexico

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U.S. Imposes Comprehensive Sanctions Blocking Property of the Government of Venezuela

• President Donald Trump has issued an Executive Order expanding the current sanctions relating to Venezuela by blocking all property and interests in property of the government of Venezuela and the Nicolás Maduro regime. •…more

Banking Sector, Blocked Person, Economic Sanctions, Executive Orders, Foreign Policy

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FinCEN Proposal for Nonfinanced Purchases of Residential Real Estate and Gratuitous Transfers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Feb. 7, 2024, issued a Notice of Proposed Rulemaking (NPRM) proposing a new nationwide reporting obligation to be imposed on settlement…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Cash Transactions

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SEC Adopts Exhibit Hyperlink Requirement

•The U.S. Securities and Exchange Commission has adopted amendments (final rules) that will require registrants to include hyperlinks to exhibits. •The final rules apply to certain periodic reports under the Securities…more

Foreign Private Issuers, Hyperlink, New Amendments, Registration Statement, Securities Act of 1933

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Recommendations to Manage Business Costs in Preparation for a Recession

As inflation hits a 40-year high and stock market valuations decline, many economists agree that a recession is looming in the U.S. While the timing or extent of a recession cannot be predicted, it is important to be prepared…more

Business Strategies, Economic Downturn, Financial Markets, License Agreements, Outsourcing

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Min Ambiente fija criterios para declarar reservas temporales en el sector minero colombiano

El Ministerio de Ambiente y Desarrollo Sostenible (Min Ambiente) de Colombia expidió el Decreto 044 del 30 de enero de 2024, mediante el cual estableció los criterios bajo los cuales, la autoridad ambiental podrá declarar áreas…more

Colombia, Conservation, Environmental Policies, Land Preservation, Mineral Exploration

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Consejo de Estado de Colombia: CDI con Reino Unido no activó cláusula de nación más favorecida

El CDI con Reino Unido no activó cláusula de nación más favorecida de los CDI con España, Suiza y Chile para servicios técnicos, de asistencia técnica y consultoría En Sentencia con Radicado 25411 del 4 de abril de 2024, la…more

Chile, Colombia, Double Taxation, International Tax Issues, Spain

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Podcast: Discussing and Demystifying the IRS News Release on ESOPs

This episode of the Holland & Knight Public Policy & Regulation Group's "Eyes on Washington" podcast series is guest hosted by the co-chairs of the firm's ESOP (Employee Stock Ownership Plans) practice, Renee Lewis and David…more

Employee Benefits, Employee Stock Purchase Plans, ESOP, IRS, Tax Planning

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Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to…more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Recommendations to Manage Business Costs in Preparation for a Recession

As inflation hits a 40-year high and stock market valuations decline, many economists agree that a recession is looming in the U.S. While the timing or extent of a recession cannot be predicted, it is important to be prepared…more

Business Strategies, Economic Downturn, Financial Markets, License Agreements, Outsourcing

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Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery (Cybergenics),…more

Aiding and Abetting, Bad Faith, Bankruptcy Court, Breach of Duty, Commercial Bankruptcy

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Flying with COVID-19: Navigating Potential Passenger Claims Against Airlines

On March 16, 2020, a U.S. carrier was held before takeoff at JFK International Airport in New York after a passenger alerted flight attendants that they were exposed to someone who had tested positive for coronavirus. The…more

Airline Passengers, Airlines, Aviation Industry, Coronavirus/COVID-19, Corporate Liability

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FTC Moves to Ban Non-Competes: What Employers Need to Know Now

The Federal Trade Commission (FTC) proposed a rule on Jan. 5, 2023, prohibiting non-competition clauses ("non-competes") in employment agreements. For purposes of the rule, non-compete provisions include explicit and de facto…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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The Legal and Financial Consequences of Moving to a More Contractor Friendly No-Damage-For-Delay Cause

According to the New York City Building Congress, Manhattan is poised to add roughly nine million square feet of new office space to its inventory between 2013 and 2015. If realized, this would be the highest volume of new…more

Construction Contracts, Contractors, No Damage For Delay, Subcontractors

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Key Value-Based Care Developments to Watch in 2024

The goal of value-based care (VBC) is to promote better care for individual patients and improved health outcomes for communities at reduced costs. This is an important and admirable purpose as many VBC stakeholders attempt to…more

ACOs, Alternative Payment Models (APM), Anti-Kickback Statute, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS)

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The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number…more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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IRS Clarifies HDHP Coverage of COVID-19 Testing, Treatment Before Deductible

The IRS recently issued Notice 2023-37 (Notice) relating to pre-deductible coverage of COVID-19 testing and treatment under high-deductible health plans (HDHPs). Specifically, the Notice establishes a 2024 expiration date for…more

Benefit Plan Sponsors, Coronavirus/COVID-19, Deductibles, Employee Retirement Income Security Act (ERISA), HDHPs

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FinCEN Proposal for Nonfinanced Purchases of Residential Real Estate and Gratuitous Transfers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Feb. 7, 2024, issued a Notice of Proposed Rulemaking (NPRM) proposing a new nationwide reporting obligation to be imposed on settlement…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Cash Transactions

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The Law on ERISA Plan Arbitration Provisions Remains Unsettled

As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security Act…more

Arbitration, Benefit Plan Sponsors, Class Action, Class Action Arbitration Waivers, Employee Retirement Income Security Act (ERISA)

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Attention Retired Military Personnel: Emoluments Clause Can Lead to Compensation Garnishment

In a recently released investigation, the U.S. Air Force Inspector General's Office found that a retired general officer did not receive approval through the Foreign Government Employment (FGE) program before accepting…more

Foreign Governments, Garnishment, Military Service Members, Unconstitutional Condition, Veterans

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[Webinar] Financial Services Regulatory Crystal Ball Outlook for 2024 - January 24th, 12:00 pm - 1:00 pm EST

Please join Holland & Knight's Financial Services Regulatory Team for a roundtable discussion on what to expect on the financial services landscape in 2024. Our attorneys will present on a wide range of topics in a "3-Minute…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, BSA/AML, Consumer Financial Products

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Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare

In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the…more

Antitrust Division, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court waded…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure Investment and Jobs Act (IIJA), Inland Waterways

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DOE, EPA Announce $1 Billion in Awards for Methane Emissions Reduction Programs

The U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) signaled in mid-February 2024 that they plan to release a Funding Opportunity Announcement (FOA) to issue $1 billion through financial assistance…more

Competitive Bidding, Department of Energy (DOE), Energy Sector, Environmental Protection Agency (EPA), Federal Funding

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EPA Exceeds Statutory Authority in PFAS Fluorination Case

The U.S. Court of Appeals for the Fifth Circuit ruled on March 21, 2024, on a petition filed by Inhance Technologies LLC (Inhance) against the U.S. Environmental Protection Agency (EPA) in Inhance Technologies, L.L.C. v. U.S…more

Environmental Protection Agency (EPA), PFAS, Regulatory Agencies, Regulatory Authority, Toxic Substances Control Act (TSCA)

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SEC in Constitutional Danger Zone Following Several Recent Decisions

The constitutional spotlight is shining on the U.S. Securities and Exchange Commission (SEC). In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional…more

Administrative Law Judge (ALJ), Administrative Proceedings, Appellate Courts, Appointments Clause, Certiorari

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FTC Hosts Artificial Intelligence Technology Summit

The Federal Trade Commission (FTC) held a virtual FTC Tech Summit focused on artificial intelligence (AI) and AI's impact on competition and consumers on Jan. 25, 2024. The half-day event featured a diverse set of speakers from…more

Artificial Intelligence, Capital Investments, Cloud Service Providers (CSPs), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and…more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

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Colombia's SIC Sets Thresholds for Merger Control in 2024

Through Resolution No. 82882 of 2023, the Superintendence of Industry and Commerce (SIC) in Colombia established the value of operating income and/or total assets that must be considered to determine whether the merger between…more

Asset Valuations, Colombia, Merger Controls, Mergers, Reporting Requirements

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OCR Updates Its Website Tracking Tool Guidance

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued updated guidance on March 18, 2024 regarding the use of online tracking technologies by entities and business associates covered by the Health…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Enforcement, Enforcement Priorities

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Canceling the Word "Shall" in Leases, Contracts and Legal Forms

The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and arduous…more

Commercial Leases, Contract Drafting, Contract Terms, Standard Forms

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Holland & Knight's China Practice Newsletter: May-June 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making…more

Attorney-Client Privilege, China, Class Action, Construction Project, Due Diligence

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"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing the…more

Affordable Housing, CEQA, General Plan, Grace Period, Housing Developers

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

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A First Look at the EPA's Clean Ports Program

The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S. ports…more

Air Quality Standards, Climate Change, Cost-Sharing, Critical Infrastructure Sectors, Diesel Fuel

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Prior Restraint Vacated in Lawsuit by Haiti's Prime Minister

A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for…more

Defamation, Free Speech, Prior Restraint

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Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions…more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,…more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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Biden Administration Freezes LNG Export Approvals

President Joe Biden on Jan. 26, 2024, announced a pause on pending decisions for permits to export liquified natural gas (LNG) to non-free trade agreement countries until the U.S. Department of Energy (DOE) can update the…more

Administrative Review, Applications, Biden Administration, Department of Energy (DOE), Energy Information Association (EIA)

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O.W. Bunker Aftermath: Actions Every Owner Should Take to Protect Against Secret Liens

• The high-profile collapse of the O.W. Bunker Group has caused havoc in the maritime industry and illustrated the need for owners to take every step possible to avoid allowing any lien for bunkers attached to its vessel. •…more

Commercial Bankruptcy, Contract Terms, Indemnity Insurance, Lack of Authority, Maritime Liens

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CRE Publishes in CONAMER a Preliminary Project on Electromobility

Mexico's Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Feb. 14, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or…more

Charging Stations, Critical Infrastructure Sectors, Electric Vehicles, Energy Sector, Mexico

See all updates »

Court Compels Proposed ESOP Class to Individual Arbitration Based on Plan Document

Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,…more

Arbitration, Breach of Duty, Class Action, Class Action Arbitration Waivers, Employee Benefits

See all updates »

First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and…more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

See all updates »

Los Angeles Voters Approve "Mansion Tax" Affecting High-Value Real Property

In response to the homelessness crisis, voters in the city of Los Angeles approved Measure ULA, aka the "mansion tax," on Nov. 8, 2022. Measure ULA seeks to raise funding for affordable housing and tenant assistance programs by…more

Affordable Housing, Ballot Measures, Election Results, Property Tax, Property Valuation

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California Court Clarifies 5-Acre Maximum Project Site Requirement Under CEQA Infill Exemption

In a recently published decision and a case of first impression, the California Court of Appeal has held that development limited to a 2.38-acre portion of an existing 12-acre shopping center qualified for the "infill exemption"…more

CEQA, Construction Project, Environmental Review, Infill Development, Shopping Centers

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Governor Signs Amendment to New York Remote Online Notarization Bill

New York Gov. Kathy Hochul signed Senate Bill 7780 on Feb. 25, 2022. The new law makes significant updates to Senate Bill 1780C, the prior RON bill…more

Amended Legislation, Notarization, Remote Notarization, Videoconference

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Maritime Outlook: 5 U.S. Maritime Issues to Watch in 2024

The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. – William Arthur Ward The U.S. maritime industry is much like a great ship: It is subject to unforeseen forces, and it…more

China, Climate Change, Economic Sanctions, Environmental Social & Governance (ESG), Federal Maritime Commission

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The Ex-Im Bank as Biden Begins

For several years, until May 2019, the Export-Import Bank of the United States (Ex-Im Bank) lacked sufficient directors to field a quorum for approval of any new commitments for transactions other than to approve short-term to…more

Aircraft, Airlines, Banking Sector, Biden Administration, Borrowers

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

See all updates »

Holland & Knight's Israel Practice Newsletter - Winter 2017

Holland & Knight invites you to read our Winter 2017 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than…more

Anti-Bribery, Critical Infrastructure Sectors, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ)

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CMS Expands Groups Eligible for Accelerated Medicare Payments Program During COVID-19 Emergency

On the day following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), the Centers for Medicare & Medicaid Services (CMS) made clear its intention to expand the groups of medical providers…more

Accelerated Payments, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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DOJ Expands Framework for Cracking Down on Corporate Crime

In a speech to prosecutors, policymakers and academics on Sept. 15, 2022, U.S. Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) would no longer "accept business as usual" when it comes…more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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Argentina Announces Preliminary Highway P3 Bidding Guidelines

On Dec. 7, 2017, the Ministry of Finance of the Republic of Argentina published the preliminary terms and conditions and technical specifications for Stage 1 of its first public-private partnership (P3) initiative in the…more

Argentina, Bid Solicitation, Construction Industry, Infrastructure, Project Finance

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Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one…more

Acquisitions, Antitrust Division, Antitrust Provisions, Asset Management, Biden Administration

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SCOTUS Continues to Limit the Exercise of Specific Personal Jurisdiction

Three years after its decision in Walden v. Fiore, the U.S. Supreme Court issued another decision that continues its trend of limiting the exercise of specific personal jurisdiction over non-resident defendants. In Bristol-Myers…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Forum Selection, Minimum Contacts, Non-Residents

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Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a safe…more

Affordable Housing, Fair Market Value, LIHTC, Low Income Housing, Nonprofits

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Spring Cleaning of Letters of Credit as Lease Security Deposits: Time to Reconsider?

In light of the recent turmoil in the banking market, it is a good time for landlords to do some spring cleaning and review any letters of credit being held as lease security. As a general rule, letters of credit have been the…more

Commercial Leases, Commercial Tenants, Contract Terms, FDIC, Letter of Credit

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New Registry for Importers of Steel Products in Mexico

The "Agreement amending the various regulations by which the Ministry of Economy issues General Rules and Criteria on Foreign Trade" (Agreement) was published in Mexico’s Official Gazette of the Federation on April 15, 2024. The…more

Foreign Trade Regulations, Importers, Imports, International Harmonization, Mexico

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Key Value-Based Care Developments to Watch in 2024

The goal of value-based care (VBC) is to promote better care for individual patients and improved health outcomes for communities at reduced costs. This is an important and admirable purpose as many VBC stakeholders attempt to…more

ACOs, Alternative Payment Models (APM), Anti-Kickback Statute, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Can a Commercial Landlord Engage in Self-Help Against a Tenant in Default?

The COVID-19 pandemic caused unprecedented financial damage to the commercial real estate sector. Commercial landlords were forced to make difficult decisions, including whether to accept rent abatements, payment deferrals,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Conversion, Eviction

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While You Were Sleeping: HHS Releases New Guidance on Sensitive Examinations

"Informed consent" has been described as "a bedrock principle of healthcare in a free society," and if a "patient is denied the ability to exercise or even consider informed consent, the patient's personal liberty suffers."1 The…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals

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Holland & Knight's China Practice Newsletter: January-February 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ...Patterns of Trade Secret Issues ...Fiduciary Responsibilities When…more

Business Court, Fiduciary Duty, Intellectual Property Protection, Internal Investigations, Trade Secrets

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Holland & Knight's China Practice Newsletter: March-April 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. …more

China, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Joint Venture

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Principio de precaución opera ante indicios según SU-018/24 en Colombia

La sentencia SU-018/24 proferida por la Corte Constitucional de Colombia confirmó la posición evidenciada en la sentencia del Consejo de Estado del 19 de agosto de 2022, por medio de la cual condenó a una empresa del sector de…more

Colombia, Constitutional Courts, Energy Sector, Environmental Violations, Hazardous Waste

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The Apex Doctrine in Florida Courts: Protecting Corporate Officers from Depositions

The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing…more

Amended Rules, Apex Doctrine, C-Suite Executives, Corporate Executives, Corporate Officers

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Tax Reform Bill Awaits President Trump's Signature After Passage by Congress

Congress has passed the conference report accompanying H.R. 1, the Tax Cuts and Jobs Act. First, the House agreed to the conference report by a vote of 227-203 on Dec. 19, 2017, and the Senate passed the report by a vote of…more

Business Taxes, Corporate Taxes, Income Taxes, Legislative Agendas, Pending Legislation

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Top Challenges in the Fight Against Corruption in Mexico in 2024

Mexico’s Transparency International Corruption Perception Index (CPI) was published on Jan. 30, 2024. It aims to annually evaluate countries regarding the level of corruption perceived in the public sector. The CPI evaluates 180…more

Anti-Corruption, Compliance, Corporate Culture, Corporate Officers, Corruption

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Holland & Knight's China Practice Newsletter: January-February 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. …more

CFIUS, China, Enforcement, Enforcement Actions, NYDFS

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FMCSA Issues Final Rule on Financial Security Requirements

The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should…more

Brokers, Compliance, Compliance Dates, Enforcement Authority, Final Rules

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Podcast - The Importance of Civility in Trial Law

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their…more

Defense Strategies, Jury Trial, Litigation Strategies, Professional Development, Trial Attorneys

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U.K., European Union Reach Trade Deal; Next Up Is Agreement with U.S.

A timely Christmas present was delivered to the citizens of Europe when, on Christmas Eve, a historic trade agreement was reached between the United Kingdom and the European Union (EU) on their future relationship going forward,…more

EU, Exports, Trade Agreements, Trade Relations, UK

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TCEQ Guidance on Enforcement Discretion Requests for Operational Noncompliance Tied to COVID-19

The Texas Commission on Environmental Quality (TCEQ), through its Office of Compliance and Enforcement (OCE), issued a statement on March 18, 2020, detailing its procedures for enforcement discretion requests for potential…more

Coronavirus/COVID-19, Department of Environmental Quality, Enforcement, Environmental Violations, Relief Measures

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Lara M. Rios Shares the Role We All Play in Creating an Inclusive Environment

Holland & Knight's Diversity Council and LGBTQ Affinity Group were proud to celebrate Pride Month and engage in the conversation for equality and embrace our diverse community by coming together without exception and supporting…more

Business Development, Diversity and Inclusion Standards (D&I), LGBTQ, Marketing

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Tax Court: Conservation Easement Proceeds Regulation Is Procedurally Invalid Under APA

In holding that that Treas. Reg. § 1.170A-14(g)(6)(ii) (Proceeds Regulation) is procedurally invalid under the Administrative Procedure Act (APA), the U.S. Tax Court abandoned its precedent in Oakbrook Land Holdings, LLC v…more

Administrative Procedure Act, Chevron Deference, Conservation Easements, Easements, Fair Market Value

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NLRB Increases Penalties for Repeat Labor Law Violators

The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the remedies…more

Bad Faith, Contract Negotiations, NLRA, NLRB, Remedies

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Holland & Knight Data Privacy and Security Report: December 2023

Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments…more

Artificial Intelligence, Continuing Resolution, COPPA, Corporate Counsel, Cybersecurity

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Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all…more

Appeals, Auto-Dialed Calls, Corporate Counsel, Enforcement, Oral Contracts

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Holland & Knight's China Practice Newsletter: March-April 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. …more

China, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Joint Venture

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Florida Enacts Major Tort Reform and Bad-Faith Insurance Claim Legislation

Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day…more

Bad Faith, Damages, Governor DeSantis, Insurance Claims, Insurance Industry

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USCIS Set to Increase Filing Fees Significantly

In back-to-back final rules published on Dec. 28, 2023, and Jan. 31, 2024, U.S. Citizenship and Immigration Services (USCIS) announced significant fee increases for premium processing requests and immigration benefit requests,…more

Employment Authorization Documents (EAD), Fees, Filing Fees, Immigration Procedures, Registration Requirement

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COVID-19 Civil Immunity Under Proposed Federal SAFE TO WORK Act and State Laws

As the first wave of COVID-19 exposure lawsuits begins to spread across the country, already-struggling businesses are looking to state and federal governments for immunity from liability. However, state laws regarding COVID-19…more

Coronavirus/COVID-19, Immunity, Liability, Proposed Legislation, Risk Management

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IRS Issues Notice 2024-2 Outlining Guidance on SECURE 2.0 Provisions

The IRS issued Notice 2024-2 (Notice), which provides guidance in a question and answer format concerning certain provisions of the SECURE 2.0 Act of 2022 (SECURE 2.0). The following is a brief overview of key provisions in the…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, CARES Act

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Colombia's SIC Requires Compliance with National Registry of Databases 2024 Obligations

Colombia's Superintendence of Industry and Commerce (SIC) reiterated the importance of complying with its obligations as set forth through Circular 003 of Aug. 1, 2018, regarding the update and registrations of databases in the…more

Colombia, Compliance, Corporate Governance, Data Protection, Deadlines

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DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are…more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Recent Ninth Circuit Decision Elevates Maritime Law Principles over Bankruptcy Law

In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" of an injured seaman was not subject to the "automatic stay" that generally arises as…more

Automatic Stay, Bankruptcy Code, Federal Admiralty Law, Liquidation, Maritime Liens

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior 2020…more

Effective Date, Employer Liability Issues, Franchises, Joint Employers, New Rules

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For the Love of the Game: The Importance of Market Access Agreements

In the aftermath of a 2018 U.S. Supreme Court ruling that repealed the federal ban on state-sponsored sports wagering, the sports wagering market has proliferated across the United States at an expedited pace. Since the court's…more

Contract Terms, Exclusivity, Marketing, Online Gaming, Online Platforms

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OIG to Audit CMS Oversight of Nursing Home Surveys by Third-Party Contractors

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), a top federal watchdog tasked with overseeing Medicare, Medicaid and other HHS programs, recently announced that it will audit the Centers…more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Nursing Homes

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CRE Publishes in CONAMER a Preliminary Project on Electromobility

Mexico's Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Feb. 14, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or…more

Charging Stations, Critical Infrastructure Sectors, Electric Vehicles, Energy Sector, Mexico

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Agreement Modifies Imported and Exported Merchandise Regulated by SENER in Mexico

The Mexican Ministries of Economy (Secretaría de Economía or SE) and Energy (Secretaría de Energía or SENER) on Nov. 6, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the…more

Diesel Fuel, Exports, Hydrocarbons, Imports, International Trade

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Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been…more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

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Holland & Knight’s Women's Initiative

¡Conozca más sobre la Iniciativa de Mujeres de Holland & Knight! En este episodio, nuestro socio Edwin Cortés Mejía conversa con María Juliana Saa, líder del comité Women’s Initiative y socia en el área de Banca y Finanzas de la…more

Career Development, Firm Leadership, Professional Development, Women in the Law

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Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore…more

Attorney's Fees, CAFA, Class Action, Coupons, Fee Awards

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Continuing an Annual Tradition, the NDAA Contains PFAS Provisions of Note

The 2024 National Defense Authorization Act (NDAA) (H.R. 2670), which authorizes expenditures for the U.S. Department of Defense (DOD or Department), passed the House of Representatives on Dec. 14, 2023, and is headed to…more

Contamination, Department of Defense (DOD), Drinking Water, Federal Budget, Federal Pilot Programs

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Changes to New York's Housing Laws: What You Need to Know

New York state has enacted changes in the housing laws that will have a significant impact on the development and operation of multifamily housing in New York City and the state, and will also ameliorate the effects of several…more

Affordable Housing, Construction Project, Density Bonus, Eviction, Housing Developers

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Florida State Sales Tax on Commercial Real Property Leases Decreases on Dec. 1, 2023

Florida Gov. Ron DeSantis signed House Bill (HB) 7063 into law on May 25, 2023, which provides short-term and long-term tax relief for Florida taxpayers. (See Holland & Knight's previous alert, "Florida Gov. Ron DeSantis Signs…more

Commercial Leases, Governor DeSantis, New Legislation, Rent, Rental Property

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

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DOJ Losses in No-Poach Prosecutions Mount, But Antitrust Caution Still Warranted

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have in recent years prioritized in their antitrust enforcement activities protecting workers from alleged anticompetitive…more

Antitrust Division, Antitrust Violations, Compliance, Criminal Prosecution, Department of Justice (DOJ)

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CRE Publishes in CONAMER a Preliminary Project on Electromobility

Mexico's Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Feb. 14, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or…more

Charging Stations, Critical Infrastructure Sectors, Electric Vehicles, Energy Sector, Mexico

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Holland & Knight's Energy and Natural Resources Quarterly Newsletter: Spring 2021

Holland & Knight invites you to read the Spring 2021 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and…more

Agricultural Sector, Biden Administration, Clean Energy, Clean Tech, Colombia

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Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act…more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

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UFLPA Comes Into Effect; Task Force Publishes Its Enforcement Strategy

The bipartisan Uyghur Forced Labor Prevention Act (UFLPA) went into effect on June 21, 2022. Moving forward, any goods mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the…more

Biden Administration, China, Customs and Border Protection, Enforcement, Entity List

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Falta de conocimiento tecnológico y acceso al expediente es violación al debido proceso en Colombia

El pasado 11 de septiembre de 2020, la Corte Suprema de Justicia (CJS) Sala de Casación Civil de Colombia, con Ponencia del magistrado Octavio Augusto Tejeiro, procedió amparar el derecho fundamental al debido proceso de un…more

Colombia, Due Process, Remote Hearings, Rules of Civil Procedure, Technology

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U.S. Labor Department Issues Final Rule on Independent Contractors

The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules, Independent Contractors

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Buckle Up, Federal Contractors – It's a Bumpy Road Ahead

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) had a relatively unsurprising 2021. Not so for 2022. The agency has been hard at work issuing new and extremely ambitious policies. Together,…more

Affirmative Action, Audits, Compliance, CSALs, Employment Discrimination

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SEC Files Initial Brief in Conflict Minerals Rule Case

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business…more

Conflict Mineral Rules, Consumer Protection Act, De Minimis Claims, Dodd-Frank, First Amendment

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Healthcare Law Update: February 2018

Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the…more

Antitrust Violations, Biosimilars, BPCIA, CAFA, Cartwright Act

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OIG to Audit CMS Oversight of Nursing Home Surveys by Third-Party Contractors

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), a top federal watchdog tasked with overseeing Medicare, Medicaid and other HHS programs, recently announced that it will audit the Centers…more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Nursing Homes

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Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions…more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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FinCEN Proposal for Nonfinanced Purchases of Residential Real Estate and Gratuitous Transfers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Feb. 7, 2024, issued a Notice of Proposed Rulemaking (NPRM) proposing a new nationwide reporting obligation to be imposed on settlement…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Cash Transactions

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Supreme Court of Virginia Invalidates Fairfax County Zoning Ordinance

The Supreme Court of Virginia on March 23, 2023, published an opinion invalidating Fairfax County's Zoning Ordinance, as adopted in 2021 (Z-Mod). The court found that Fairfax County's approval of Z-Mod during a virtual hearing…more

FOIA, Local Ordinance, Open Meetings Act, VA Supreme Court, Virtual Meetings

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The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only humans…more

Artificial Intelligence, Biden Administration, Defend Trade Secrets Act (DTSA), Executive Orders, Google

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CARES Act: Key Tax Provisions Affecting Private Equity Funds and Portfolio Companies

President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) into law on March 27, 2020. In addition to other stimulus provisions benefitting individuals and businesses in response to the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Portfolio Companies, Private Equity

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Unanimous Supreme Court Issues Legal Standard for Title VII Suits Alleging Discriminatory Job Transfers

In Muldrow v. City of St. Louis, Missouri, a unanimous U.S. Supreme Court held on April 17, 2024, that an employee bringing a claim for discrimination under Title VII related to a job transfer need only show some employment…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence in Effecting Service of Process Soon After the Limitations Period Has Expired

• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a…more

Appeals, Due Diligence, Memorandum Opinions, Service of Process, Statute of Limitations

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

See all updates »

Inflation Reduction Act: Answers to Key Questions on Direct Pay and Transferability

The U.S. Department of the Treasury (Treasury Department) and Internal Revenue Service (IRS) released much-anticipated guidance in the form of two notices of proposed rulemaking (NOPRs) regarding the direct payment of tax…more

Energy Sector, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Electric Cooperative Receives Favorable Interpretation of Excess Revenue Statute and Class Action Dismissal

A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging the distribution of patronage…more

Class Action, Distribution Rules, Electric Cooperative, FDUTPA, Motion to Dismiss

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Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions…more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to…more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Maintaining a Safe Workplace: Screening Employees as They Return to Work During a Pandemic

As states and local governments phase out their stay-at-home orders enacted in response to COVID-19, businesses will be faced with new challenges regarding the safety of workers, including whether it is permissible to ask…more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Re-Opening Guidelines, Workplace Safety

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

See all updates »

Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act…more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

See all updates »

Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Emerging Technology in the FY24 NDAA

In this episode of our Eyes on Washington Podcast Special Miniseries about the National Defense Authorization Act (NDAA), national security attorney Dan Sennott sits down with corporate and securities attorney David Cole and…more

Emerging Technologies, Emerging Technology Companies, Federal Contractors, National Security, NDAA

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Holland & Knight Data Privacy and Security Report: December 2023

Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments…more

Artificial Intelligence, Continuing Resolution, COPPA, Corporate Counsel, Cybersecurity

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Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the contract…more

Apprenticeships, Biden Administration, Collective Bargaining Agreements (CBA), Construction Project, Davis-Bacon Act

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Plazo para la presentación del PTEE para las ESAL en Bogotá, Colombia para el año 2024

De acuerdo con los lineamientos publicados por la Secretaría Jurídica Distrital de la Alcaldía Mayor de Bogotá DC, a través de la Circular 013 del 14 de abril de 2023,1 la presentación del Programa de Transparencia y Ética…more

Colombia, Compliance, Ethics, Filing Requirements, Nonprofits

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SBA Paycheck Protection Program Loans: Forgiveness Guidance, Part II

Employers rushed to apply for the first $349 billion in Paycheck Protection Program (PPP) loans made available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which Congress has increased to $670…more

CARES Act, Certification Requirements, Coronavirus/COVID-19, Federal Loans, Full-Time Employees

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Briefing Sheet on EU Sanctions and Aviation Insurance Prohibition

Regulation 2022/328 was adopted by the European Union (EU) on Feb. 25, 2022, in relation to the Russia-Ukraine crisis. The Regulation took effect on Feb. 26, 2022…more

Aircraft, Aviation Industry, EU, Export Controls, Financial Services Industry

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Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction…more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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FTC Focuses on M&A in the Agricultural and Food Industry

Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held workshops…more

Acquisitions, Agricultural Sector, Enforcement Priorities, Federal Trade Commission (FTC), Food Manufacturers

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The Corporate Transparency Act: FinCEN Clarifies the Subsidiary Rule Exemption

The Corporate Transparency Act (CTA) entered into force on Jan. 1, 2024. Under the beneficial ownership information reporting rule of the CTA, certain entities – such as corporations, limited liability companies and other…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Customer Due Diligence (CDD), Deadlines

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Rail Strike Could Cause Supply Chain, Commuter Issues

Railroads are covered by the federal Railway Labor Act (RLA), a piece of legislation that historically was the result of compromise between rail labor and rail management. One of the ostensible compromises in the RLA is that…more

Biden Administration, Collective Bargaining, Commuting, Mediation, NLRA

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D.C. Releases Draft Regulations for the Housing in Downtown Tax Abatement

The Office of the Deputy Mayor for Planning and Economic Development (DMPED) for the District of Columbia issued draft regulations effectuating the Housing in Downtown Tax Abatement (Abatement) on Jan. 26, 2024. The draft…more

Comment Period, Housing Developers, Proposed Regulation, Real Estate Development, Residential Property Owners

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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A New General Notice Requirement for Financial Institutions

The Federal Trade Commission (FTC) on Oct. 27, 2023, announced further amendments to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule). The Safeguards Rule became effective in 2003, requiring certain financial…more

Cybersecurity, Data Security, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

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U.S. Supreme Court Rejects Challenge to Registration Statute Requiring Consent to Jurisdiction

In Mallory v. Norfolk Southern Railway Co., Robert Mallory (a Virginia resident) sued his former employer, Norfolk Southern (a Virginia-based railroad), over his alleged exposure to toxic chemicals while working for Norfolk…more

Commerce Clause, Consent, DaimlerChrysler v Bauman, Domestic Corporations, Due Process

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No Sunset on the Horizon for EKRA

Recently, Holland & Knight healthcare attorneys have received questions as to whether the Eliminating Kickback in Recovery Act (EKRA) is still in effect, given the recent expiration of many provisions of the Substance…more

Anti-Kickback Statute, Clinical Laboratories, Department of Labor (DOL), Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions

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Massachusetts Enacts CROWN Act Banning Discrimination Based on Natural or Protective Hairstyles

Massachusetts Gov. Charlie Baker on July 26, 2022, signed into law the Creating a Respectful and Open World for Natural Hair Act (CROWN Act), prohibiting discrimination against employees, students and other individuals based on…more

Anti-Discrimination Policies, Employees, Governor Baker, Hairstyle Discrimination, New Legislation

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U.S. Department of Education Releases Its Long-Awaited Final Title IX Regulations

The U.S. Department of Education (Department) on April 19, 2024, released its final regulations for Title IX, the law that prohibits discrimination on the basis of sex in education programs or activities that receive federal…more

Colleges, Complaint Procedures, Educational Institutions, Federal Funding, Gender Identity

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Venezuela Update: April 14, 2021 (Spanish)

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. Our…more

Banking Sector, Coronavirus/COVID-19, Economic Downturn, Energy Sector, Health Care Providers

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Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of…more

Auto-Dialed Calls, Class Action, Do Not Call List, Facebook Inc v Duguid, Putative Class Actions

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A Closer Look at Nettye Engler Energy, LP, v. BlueStone Natural Resources II, LLC

The Supreme Court of Texas has once again tackled the heavily contested issue of postproduction costs in royalty calculations. In Nettye Engler Energy, LP, v. BlueStone Natural Resources II, LLC, No. 20-0639, the Court was…more

Contract Disputes, Contract Interpretation, Contract Terms, Exploration and Production Assets, Mineral Leases

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New York LLC Transparency Act Update: Finally, Some Clarity

The New York LLC Transparency Act (NY LLCTA) will become effective as of Jan. 1, 2026, and will require limited liability companies (LLCs) formed, or qualified to do business, in the state of New York to disclose individual…more

Annual Reports, Attestation Requirements, Beneficial Owner, Corporate Governance, Corporate Transparency Act

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Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal…more

Advanced Notice of Proposed Rulemaking (ANPRM), Common Carriers, Detention, Federal Maritime Commission, Fee Disputes

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What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing…more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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Potential Transfer Tax Reform and 2016 Year-End Tax Planning Considerations

With the upcoming Republican control of the executive and legislative branches, tax changes are certain to occur. As articulated thus far, President-Elect Donald Trump has proposed the elimination of the federal estate tax in…more

Capital Gains, Estate Planning, Estate Tax, Tax Rates, Tax Reform

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FAA to Review Scope of Authorized On-Demand Air Services

The Federal Aviation Administration (FAA) has issued an advance copy of its Notice of Intent (Notice) to initiate a rulemaking to reconsider the way in which the FAA regulates certain air carriers that perform public charter…more

Air Carriers, Airlines, Charter, Comment Period, Federal Aviation Administration (FAA)

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Podcast - Direct Examination: Getting Rid of Clutter

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions,…more

Defense Strategies, Jury Trial, Legal Project Management, Litigation Strategies, Trial Practice Guidance

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NCAA Clarifies Stance on Permissible NIL Activities

The National Collegiate Athletic Association (NCAA) on Oct. 26, 2022, offered new guidance on Name, Image and Likeness (NIL) activities of universities, student-athletes (SA) and other entities supporting the NIL industry. In…more

College Athletes, Colleges, Compensation, Endorsements, Enforcement Priorities

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Court Orders Avianca to Comply with Post-Petition Lease Obligations Payable to Non-Lessors

Bankruptcy Code Section 365(d)(5) provides personal property lessors with important rights concerning lease payments that come due after a lessee commences a U.S. bankruptcy proceeding. Generally, that section requires that the…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Executory Contracts

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Proposed California Bar Opinion Seeks to Clarify Advertising Rules for Lawyer Blogs - California Joins Growing Number of States in Attempting to Tackle Emerging Lawyer Advertising Issue

There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging…more

Advertising, Bar Associations, Blogs, Ethics, Rules of Professional Conduct

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New York's "Small Business" Commercial Financing Disclosure Law

If you are a nonbank finance company that makes commercial loans of $2.5 million or less in New York or represent such a company, this Holland & Knight alert is for you. There has been a growing concern expressed over the last…more

Commercial Loans, Corporate Financing, Disclosure Requirements, Final Rules, Financial Services Industry

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Offering Exemptions Available to Companies Issuing ICOs

• Issuing an initial coin offering (ICO) is a new and innovative way for companies to infuse capital into their enterprise. However, several regulatory agencies have increased their scrutiny of ICOs, including the U.S…more

Capital Raising, Corporate Counsel, Cryptocurrency, Exemptions, Initial Coin Offering (ICOs)

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U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services (CMS)…more

Administrative Authority, Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges

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Federal Judge Cites Ambiguous Coding Guidance, Vacates Doctor's Healthcare Fraud Conviction

A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal jury…more

Burden of Proof, Convictions, Coronavirus/COVID-19, Criminal Convictions, Department of Justice (DOJ)

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ANLA expide circular sobre reconocimiento de terceros intervinientes en Colombia

La Autoridad Nacional de Licencias Ambientales (ANLA) de Colombia expidió la Circular 000006-7 de 2024 para impartir lineamientos o instrucciones de carácter interno respecto al reconocimiento de terceros intervinientes durante…more

Colombia, Energy Projects, Energy Sector, Regulatory Oversight, Third-Party Service Provider

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Federal Judge Cites Ambiguous Coding Guidance, Vacates Doctor's Healthcare Fraud Conviction

A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal jury…more

Burden of Proof, Convictions, Coronavirus/COVID-19, Criminal Convictions, Department of Justice (DOJ)

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Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may…more

Add-ons, Banking Regulators, Compliance, Constitutional Challenges, Consumer Financial Contracts

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Programa de Transparencia y Ética Empresarial para las ESAL en Bogotá, Colombia

A partir de la expedición de la Ley 2196 de 2022, las entidades sin ánimo de lucro (ESAL) en Colombia por parte de las entidades obligadas a contar con un Programa de Transparencia y Ética Empresarial (PTEE o el Programa) para…more

Anti-Bribery, Anti-Corruption, Compliance, Internal Controls, Nonprofits

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Landlords Beware: Bankruptcy Court Litigation Could Come at a Cost

Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the "property of…more

American Rule, Attorney's Fees, Bankruptcy Code, Cal Code of Civil Procedure, Chapter 11

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What to Expect When You're Expecting EEOC Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) released its proposed regulations on the Pregnant Workers Fairness Act (PWFA) on Aug. 7, 2023, providing guidance on how the EEOC intends to interpret the PWFA and its…more

Americans with Disabilities Act (ADA), Comment Period, Duty to Accommodate, Equal Employment Opportunity Commission (EEOC), Essential Functions

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Regulatory Update: Final Regulations on Portability of the DSUE

Portability of the deceased spousal unused exclusion (DSUE) amount between spouses was first introduced by Congress in December 2010, applicable to estates of married decedents dying on or after Jan. 1, 2011. Although originally…more

American Taxpayer Relief Act, Deceased Spousal Unused Exclusion, Estate Tax, Exclusions, IRS

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Florida's Sea Level Impact Project Study Requirement Takes Effect July 1

The Florida Legislature in 2020 enacted Florida Statute 161.551, which requires "state-financed constructors" – defined as public entities that commission or manage a construction project within the coastal building zone using…more

Coastal Real Estate, Construction Project, Department of Environmental Protection, Environmental Impact Report (EIR), Public Projects

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Los Angeles Voters Approve "Mansion Tax" Affecting High-Value Real Property

In response to the homelessness crisis, voters in the city of Los Angeles approved Measure ULA, aka the "mansion tax," on Nov. 8, 2022. Measure ULA seeks to raise funding for affordable housing and tenant assistance programs by…more

Affordable Housing, Ballot Measures, Election Results, Property Tax, Property Valuation

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Holland & Knight's Israel Practice Newsletter: Winter 2020

Holland & Knight invites you to read our Winter 2020 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than…more

Abraham Accords Peace Agreement, Biden Administration, Cannabidiol (CBD) oil, Clean Tech, Coronavirus/COVID-19

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Boston Passes Ambitious Ordinance Targeting Zero Emissions for Large Buildings by 2050

Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended…more

Building Codes, Carbon Emissions, Climate Change, Green Buildings, Greenhouse Gas Emissions

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Court Upholds OIG Advisory Opinion Shooting Down a Patient Assistance Program

Healthcare compliance risks exist even when a company takes steps to structure its business activities to follow the government's own statements. A recent decision by the U.S. District Court for the Eastern District of Virginia,…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS)

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DOE Loan Programs Office: 2023 Updates, Overview and Key Insights

Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan…more

Biden Administration, Clean Energy, Climate Change, Congressional Committees, Congressional Investigations & Hearings

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Interest Rate Increase Coming for Many Tax-Exempt Borrowers

Many states, local governments and conduit borrowers (e.g., 501(c)(3) not-for-profit corporations) have directly placed tax-exempt loans (secured by the issuance of notes or bonds) with lenders, such as banks and their non-bank…more

Banks, Borrowers, Corporate Taxes, Interest Rates, Lenders

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No Sunset on the Horizon for EKRA

Recently, Holland & Knight healthcare attorneys have received questions as to whether the Eliminating Kickback in Recovery Act (EKRA) is still in effect, given the recent expiration of many provisions of the Substance…more

Anti-Kickback Statute, Clinical Laboratories, Department of Labor (DOL), Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions

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California's 2024 Housing Laws: What You Need to Know

The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the…more

Accessory Dwelling Units (ADUs), Affordable Housing, CEQA, Density Bonus, Environmental Impact Report (EIR)

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Supreme Court Narrows Scope of Aggravated Identity Theft Law in Healthcare Fraud Case

The healthcare industry is one of the most heavily regulated industries in the United States. Healthcare companies and practitioners devote significant resources to complying with the complex and often changing legal and…more

Criminal Convictions, Criminal Prosecution, Dubin v United States, Healthcare Fraud, Identity Theft

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Qualified Broadband Projects Added to Private Activity Bonds by Jobs Act

More than 30 million Americans still lack access to reliable high-speed internet. The need for reliable and affordable internet access has become increasingly important as the economy becomes more dependent on internet access,…more

Broadband, Critical Infrastructure Sectors, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Private Activity Bonds

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Podcast: Discussing Florida’s 2024 Legislative Session

In this episode of our “Florida Capital Conversations” podcast series, policy advisors Kimberly Case, Tori Deal, Jon Steverson and Beth Vecchioli join together to discuss the 2024 regular legislative session in Florida. They…more

Florida, Legislative Agendas, New Legislation, State and Local Government, State Budgets

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Emerging Technology in the FY24 NDAA

In this episode of our Eyes on Washington Podcast Special Miniseries about the National Defense Authorization Act (NDAA), national security attorney Dan Sennott sits down with corporate and securities attorney David Cole and…more

Emerging Technologies, Emerging Technology Companies, Federal Contractors, National Security, NDAA

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SPAC Update: Tremors Felt from Proposed SPAC Rules as Investment Bank Signals Retreat

In a little more than a month, the SEC's proposed special purpose acquisition company (SPAC) rules have started to reshape the market landscape. In a concise statement issued on May 9, a prominent investment bank announced it…more

Initial Public Offering (IPO), Investment Banks, Proposed Regulation, Securities Act of 1933, Securities and Exchange Commission (SEC)

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U.K., U.S. Reach Competent Authority Agreement on "Equivalent Beneficiary" Status

The United Kingdom and the U.S. Competent Authorities published on July 28, 2021, a Competent Authority Agreement (the Agreement) under the bilateral U.K.-U.S. Income Tax Treaty (the U.K. Treaty). It provides for purposes of…more

EU, Foreign Equivalency Determination, International Tax Issues, IRS, Member State

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

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Treasury Department, IRS Issue Additional Section 45V Clean Hydrogen PTC Guidance

The U.S. Department of the Treasury Department and IRS on April 10, 2024, issued a supplemental notice of proposed rulemaking (NPRM) under the Internal Revenue Code's Section 45V clean hydrogen production tax credit (PTC). The…more

Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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U.S. Supreme Court to Hear Challenge to Fraud-on-the-Market Presumption

On June 11, 2012, the U.S. Supreme Court granted certiorari to a biotechnology company's challenge of the fraud-on-the-market presumption in a securities fraud case. This rebuttable presumption was first approved by the Court in…more

Fraud, Fraud-on-the-Market

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Podcast - Charity Care: A Discussion on Tax-Exempt Hospitals

In this episode of “Counsel That Cares,” tax attorney Don Stuart and Public Policy & Regulation attorney Chris Armstrong discuss the criteria that grant hospitals tax-exempt status, including several newly adopted standards…more

Charitable Organizations, Health Care Providers, Hospitals, Internal Revenue Code (IRC), IRS

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Banks Should Prepare for CFPB Inquiries in Regards to Overdraft Practices and Fees

In September 2022, the Consumer Financial Protection Bureau (CFPB) entered into a consent order against a large national bank for charging unfair and abusive overdraft fees. In support of its action, the Bureau noted that many…more

ATMs, Consent Order, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Actions

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity to…more

Advertising, Carbon Off-Set Credits, Climate Change, Environmental Claims, Environmental Social & Governance (ESG)

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Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been…more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

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The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in the…more

Administrative Procedure, California Air Resources Board, California Endangered Species Act, CEQA, CEQA Reform

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New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic…more

Breach of Contract, Civil Liability, Class Action, Colleges, Coronavirus/COVID-19

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Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been…more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

See all updates »

EPA Responds to Petition for Clean Water Act Revisions

The U.S. Environmental Protection Agency (EPA) recently published a letter in response to a petition filed by several environmental groups requesting that EPA revise Clean Water Act (CWA) regulations for concentrated animal…more

Agricultural Land, Agricultural Sector, Clean Water Act, Environmental Protection Agency (EPA), Farm Animals

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SEC Settlements Over Whistleblower Protections Pile Up

As the SEC closed its fiscal year, it filed three separate enforcement actions against companies for purported violations of Rule 21F-17 under the Securities and Exchange Act of 1934, which prohibits persons from impeding…more

Civil Monetary Penalty, Compliance, Contract Terms, Employment Contract, Enforcement Actions

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IRS Issues Updated Energy Community Bonus Guidance

The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice…more

ASTM, Brownfield Properties, Energy Projects, Energy Sector, Guidance Update

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U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate…more

Arbitration, Arbitration Agreements, Delivery Drivers, Drivers, Employment Contract

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

See all updates »

Resolución que modifica fechas para el registro de Beneficiarios Finales en Colombia

Tal como lo anticipó la alerta del 27 de septiembre de 2022, la Dirección de Impuestos y Aduanas Nacionales (DIAN) de Colombia expidió la Resolución 001240 de 28 de septiembre de 2022, por la cual modificó los artículos 10, 13 y…more

Colombia, Corporate Taxes, Income Taxes, Relief Measures, Tax Authority

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U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless…more

Choice-of-Law, Common Law Claims, Forum Selection, Insurance Contracts, Insurance Industry

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Biden Administration's FY 2022 Budget and Its Tax Increases for Corporations, Wealthy

By way of background, the budget that the president submits to Congress contains estimates of federal government income and spending for the upcoming fiscal year and also recommends funding levels for the federal government…more

Appropriations Bill, Biden Administration, Corporate Taxes, Federal Budget, Green Book

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U.S. Department of Education Issues New FERPA Guidance on Student Health Records

In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the…more

Colleges, Department of Education, Educational Institutions, FERPA, Health Insurance Portability and Accountability Act (HIPAA)

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Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered…more

Best Practices, Class Action, Cyber Attacks, Cybersecurity, Data Breach

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FinCEN Proposal Potentially Impacts Registered Investment, Exempt Reporting Advisers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has issued a new notice of proposed rulemaking (NPRM), referred to herein as the "Proposed Rule," that would subject SEC-registered investment…more

AML/CFT, Anti-Money Laundering, Anti-Terrorism Financing, Bank Secrecy Act, BSA/AML

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NCAA President's Proposal Resets the Playing Field

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I…more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Fair Labor Standards Act (FLSA)

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FINRA Proposal Lets Financial Firms Hold Funds of Elder Abuse Victims

The Financial Industry Regulatory Authority (FINRA) will soon be soliciting public comment on a proposal allowing financial institutions to put a hold on customer funds and notify a customer's "trusted contact" when the…more

Bank Accounts, Banking Sector, Banks, Customer Funds, Customer Funds Protection

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Federal District Court Finds Corporate Transparency Act Unconstitutional

The National Small Business Association (NSBA) and a small business owner (also a member of the NSBA) filed a lawsuit on Nov. 15, 2022, in the U.S. District Court for the Northern District of Alabama challenging the…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Commerce Clause, Congressional Authority

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Unanimous Supreme Court Issues Legal Standard for Title VII Suits Alleging Discriminatory Job Transfers

In Muldrow v. City of St. Louis, Missouri, a unanimous U.S. Supreme Court held on April 17, 2024, that an employee bringing a claim for discrimination under Title VII related to a job transfer need only show some employment…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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SBA, DoD-NISP Release Notice on Security Clearance Requirements for Joint Ventures

The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security Program…more

GAO, Joint Venture, Mentor-Protege Program, National Industrial Security Program (NISP), NDAA

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FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational…more

Aircraft, Airline Passengers, Airplane Accidents, Amended Legislation, Aviation Industry

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Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average of…more

Constitutional Challenges, Federal Labor Laws, Mexico, Profit Sharing, Supreme Court of Mexico

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Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the contract…more

Apprenticeships, Biden Administration, Collective Bargaining Agreements (CBA), Construction Project, Davis-Bacon Act

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Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to…more

Biometric Information, California Consumer Privacy Act (CCPA), Consent, Covered Entities, Data Collection

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Guidelines for Seeking Damages in Dispossessory Actions in Georgia Magistrate Court

Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court – is…more

Appellate Courts, Counterclaims, Damages, Jurisdiction, State Courts

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a…more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

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Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the…more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

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California Set to Expand At-Berth Rules

California is in the final stages of adopting the latest regulation to impose its own air quality rules upon ocean-going vessels calling in the state. On Aug. 27, 2020, the California Air Resources Board (CARB) approved the…more

California, CARB, Carbon Emissions, Environmental Protection Agency (EPA), New Regulations

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Biden Administration Eases Some Trump-Era Cuba Restrictions

The U.S. Department of State announced on May 16, 2022, a series of measures aimed at supporting the Cuban people and independent Cuban entrepreneurs and loosening Trump-era restrictions that largely isolated the island and its…more

Biden Administration, Cannabis Products, Consulate, Corporate Counsel, Cuba

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Inexequibilidad de prohibición de deducción de regalías del impuesto sobre la renta en Colombia

La Sala Plena de la Corte Constitucional de Colombia el 16 de noviembre de 2023, profirió la Sentencia C-489 de 2023 por medio de la cual se resolvió declarar inexequible el parágrafo 1 del artículo 19 de la Ley 2277 de 2022 el…more

Colombia, Constitutional Courts, Corporate Taxes, Energy Sector, Natural Resources

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FinCEN Proposal Potentially Impacts Registered Investment, Exempt Reporting Advisers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has issued a new notice of proposed rulemaking (NPRM), referred to herein as the "Proposed Rule," that would subject SEC-registered investment…more

AML/CFT, Anti-Money Laundering, Anti-Terrorism Financing, Bank Secrecy Act, BSA/AML

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Upcoming 2024 H-1B Visa Cap Registration Period Opens in March

This Holland & Knight alert details the upcoming 2024 H-1B Visa Cap Registration Period and related procedures. The registration period for the fiscal year (FY) 2024 H-1B cap will open at noon EST on March 1, 2023, and run…more

Electronic Filing, Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Tax Court: Conservation Easement Proceeds Regulation Is Procedurally Invalid Under APA

In holding that that Treas. Reg. § 1.170A-14(g)(6)(ii) (Proceeds Regulation) is procedurally invalid under the Administrative Procedure Act (APA), the U.S. Tax Court abandoned its precedent in Oakbrook Land Holdings, LLC v…more

Administrative Procedure Act, Chevron Deference, Conservation Easements, Easements, Fair Market Value

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Beneficios fiscales a contribuyentes de las zonas afectadas por el huracán Otis en México

Fue publicado en el Diario Oficial de la Federación (DOF) el 30 de octubre de 2023 el decreto por el que se otorgan diversos beneficios fiscales a los contribuyentes de las zonas afectadas en México por el huracán Otis…more

Hurricane Season, Mexico, Natural Disasters, Property Damage, Tax Relief

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Commerce Department Announces BEAD Program State Funding Totals

The U.S. Department of Commerce on June 26, 2023, announced funding for each state, U.S. territory and the District of Columbia for high-speed internet infrastructure development through the Broadband Equity Access and…more

Bonds, Broadband, FCC, Federal Funding, Government Bonds

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Podcast: Discussing Florida’s 2024 Legislative Session

In this episode of our “Florida Capital Conversations” podcast series, policy advisors Kimberly Case, Tori Deal, Jon Steverson and Beth Vecchioli join together to discuss the 2024 regular legislative session in Florida. They…more

Florida, Legislative Agendas, New Legislation, State and Local Government, State Budgets

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Ministerio de Minas y Energía de Colombia emite reglamentación sobre hidrógeno blanco

A través del Decreto 2335 de 2023, el Ministerio de Minas y Energía de Colombia (MME), expidió regulación referente a la exploración y explotación del hidrógeno blanco como Fuentes no Convencionales de Energía Renovables…more

Colombia, Energy Sector, Hydrogen Power, Mineral Exploration, Mining

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FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger…more

Acquisitions, Anticompetitive Agreements, Antitrust Division, Competition, Department of Justice (DOJ)

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No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business reports…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Second Circuit: Submerged Electrical Transmission Cable Is a "Facility" Under Oil Pollution Act

In a matter of first impression, the U.S. Court of Appeals for the Second Circuit has ruled that an oil-filled submerged electrical transmission cable is a "facility" under the Oil Pollution Act of 1990 (OPA). Power Authority of…more

Electricity, Energy Sector, Oil & Gas, Oil Pollution Act of 1990 (OPA 90), Transmission Lines

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Mexico's Senate Approves Bill on Cannabis Regulation Allowing Recreational Use

Mexico's Senate has approved a bill for the issuance of the Federal Law for the Regulation of Cannabis (Ley Federal para la Regulación del Cannabis or LFRC), and for the amendment and addition of several provisions to the…more

Agricultural Sector, Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Hemp

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SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Consejo de Estado de Colombia: CDI con Reino Unido no activó cláusula de nación más favorecida

El CDI con Reino Unido no activó cláusula de nación más favorecida de los CDI con España, Suiza y Chile para servicios técnicos, de asistencia técnica y consultoría En Sentencia con Radicado 25411 del 4 de abril de 2024, la…more

Chile, Colombia, Double Taxation, International Tax Issues, Spain

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A Look at New California Labor and Employment Laws for 2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated…more

Arbitration, Automatic Stay, Bereavement Leave, Exempt-Employees, FEHA

See all updates »

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of…more

Bond Issuers, Bonds, Environmental Social & Governance (ESG), Financial Institutions, Financial Regulatory Agencies

See all updates »

HHS Publishes Final Rule Governing Healthcare Conscience Protections

On Jan. 11, 2024, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published its 2024 Final Rule governing healthcare conscience protections, "Safeguarding the Rights of Conscience as Protected…more

Abortion, Affordable Care Act, Anti-Discrimination Policies, Compliance, Department of Health and Human Services (HHS)

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Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors…more

Anti-SLAPP, Defamation, First Amendment, Johnny Depp, Jury Trial

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China Practice Newsletter: January-February 2019

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making…more

Arbitration, CFIUS, China, Covered Transactions, Critical Infrastructure Sectors

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Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure of…more

Acquisitions, Antitrust Division, Compliance, Cooperation, Corporate Misconduct

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Delaware Master Recommends Dismissing Books and Records Request by Activist Shareholder

On August 16, 2013, a master in chancery issued a draft report recommending that the Delaware Chancery Court dismiss a request by an activist stockholder to inspect the books and records of a large corporation that produces and…more

Books & Records, Corporate Governance, Corporate Records, Inspections, Shareholders

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Private Equity Healthcare Transactions Under Scrutiny

From the West Coast Healthcare Desk is an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace…more

Acquisitions, Corporate Practice of Medicine, Health Care Providers, Hedge Funds, Hospitals

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Podcast - Discussing the Mission of Black Women's Health Imperative with CEO Linda Goler Blount

In honor of National Sickle Cell Awareness Month, Holland & Knight's Public Policy & Regulation Group is proud to partner with the Black Women's Health Imperative (BWHI) for a four-part podcast series on sickle cell disease…more

Bias, Disparate Impact, Gender Discrimination, Health Care Providers, Medical Research

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California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent from a…more

CA Supreme Court, Email, Public Employees, Public Policy, Public Records

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CMS Memorandum Requires Legionella Risk Reduction in Healthcare Facilities

According to a recent review of Legionnaires' disease outbreaks, 34 percent were associated with long-term care facilities and hospitals. Patients at risk of contracting Legionnaires' disease include smokers, those with…more

Centers for Medicare & Medicaid Services (CMS), Citations, Contamination, Department of Health and Human Services (HHS), Healthcare Facilities

See all updates »

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

See all updates »

Federal Bankruptcy Court Stays Envision Healthcare Litigation in California

Envision Healthcare Corp. and certain of its wholly owned subsidiaries (Envision) recently filed voluntary Chapter 11 petitions in the U.S. Bankruptcy Court for the Southern District of Texas (Bankruptcy Court). In re: Envision…more

Business & Professions Code, Chapter 11, Corporate Practice of Medicine, Management Agreements, Motion To Lift Automatic Stay

See all updates »

The IRS and Gun Control

Earlier this month, the First Circuit Court of Appeals held in a case of first impression that evidence seized by IRS special agents from the taxpayer's home was admissible even though IRS Special Agents were armed when they…more

Conspiracies, Fraud, Gun Laws, IRS, Payroll Taxes

See all updates »

Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a…more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Commercial Bankruptcy

See all updates »

Claim to High-Yield Enzymatic Production of Stevia Compound Held Invalid as Abstract Idea

Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter than…more

Abstract Ideas, Alice/Mayo, Intellectual Property Protection, Patent Invalidity, Patent Litigation

See all updates »

EEOC Update Clarifies Guidance on Mandating and Incentivizing COVID-19 Vaccination

This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The U.S. Equal Employment Opportunity Commission (EEOC)…more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), GINA

See all updates »

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff prevailed…more

Breach of Contract, Confidential Information, Confidentiality Agreements, Contract Terms, General Contractors

See all updates »

Podcast - A Conversation on Cannabis: Are Challenges or Changes Coming?

In this episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group, Healthcare and Life Sciences attorneys Michael Werner and Sara Klock discuss recent developments in marijuana,…more

Cannabis Products, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Legislative Agendas, Marijuana

See all updates »

California OTA Ruling Favors Microsoft on Foreign Dividend Sales Factor Treatment

The California Office of Tax Appeals (OTA) denied a request for rehearing of a July 2023 OTA opinion favorable to Microsoft Corp. that could have wide-ranging impacts for a water's edge filer in California, particularly one that…more

Corporate Taxes, Dividends, Foreign Affiliates, Franchise Tax Board, Microsoft

See all updates »

Tennessee Legislature Approves Enhancements to Uniform Trust Code

The Tennessee legislature continues to take action to maintain Tennessee's status as one of the foremost states in which to situs trusts. The legislature's most recent enhancements to Tennessee's Uniform Trust Code (TN UTC) are…more

Amended Rules, Beneficiaries, Grantors, Trustees, Trusts

See all updates »

Florida's New Mini-TCPA: What You Need to Know

Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"…more

Amended Legislation, ATDS, Corporate Counsel, Exemptions, Facebook

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Private Equity and Other Carried Interest Funds – Federal Tax Policy Tip Sheet: Issue 4

The House of Representatives on Nov. 16, 2017, voted on and passed their tax reform bill, along party lines (227-205). Passage was expected in the House, where the GOP hold a significant enough majority needed to move the…more

Carried Interest, Corporate Taxes, Federal Taxes, Income Taxes, Markups

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DOT Announces Pilot Program Permitting Local Hiring Preferences - FHWA-Funded Projects Require Prior Approval; FTA-Funded Projects Do Not

The U.S. Department of Transportation (DOT) announced a pilot program that would permit state and local recipients of federal highway and federal transit funds to issue solicitations with "local hire" preferences. DOT also…more

Construction Industry, Department of Transportation (DOT), Federal Contractors, Highways, Hiring & Firing

See all updates »

New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,…more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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Government Shutdown Advisory: Summary of Contingency Plans for Lapse in Appropriations

The federal fiscal year for 2024 (FY 2024) begins on Oct. 1, 2023, and if appropriations bills have not been enacted before that date or a temporary funding measure – known as a continuing resolution (CR) – has not been enacted,…more

Administrative Agencies, Appropriations Bill, Contingency Plans, Continuing Resolution, Federal Budget

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Lessons from 5Pointz: Avoiding Potential Tension Between Artists and Property Owners

• From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the…more

Artists, Damages, Property Owners, Redevelopment, Visual Artists Rights Act (VARA)

See all updates »

Florida Legislation Will Increase Background Screening for Healthcare Professionals

House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare…more

Background Checks, Criminal Background Checks, Governor DeSantis, Health Care Providers, Healthcare Facilities

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OIG Looks at How Employed Physicians Bonuses Are Paid from ASC Profits

The U.S. Department of Health & Human Services Office of the Inspector General (OIG) on Oct. 13, 2023, posted Advisory Opinion No. 23-07 detailing a favorable response to a proposal by a Requestor to pay bonuses to its physician…more

Advisory Opinions, Ambulatory Surgery Centers, Anti-Kickback Statute, Bonuses, Compensation

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CFPB Targets Garnishment Practices: Banks Need a Robust Compliance Plan

When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account to…more

Banking Sector, Compliance, Consent Order, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

See all updates »

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757…more

Arrearages, Business Closures, Business Interruption, Commercial Leases, Commercial Property Owners

See all updates »

Illinois Bill Modifying Non-Competition Agreements Nears Enactment

Illinois Gov. JB Pritzker is expected to soon sign into law a bill that will make significant changes to the Illinois Freedom to Work Act and affect the enforceability of employee non-competition provisions. The General Assembly…more

Collective Bargaining Agreements (CBA), Consideration, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract

See all updates »

SBA Set to Take Over Certification of Veteran-Owned Small Businesses

The U.S. Small Business Administration (SBA) published a final rule on Nov. 29, 2022, establishing its Veteran Small Business Certification Program for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned…more

Certification Requirements, Department of Veterans Affairs, Federal Contractors, NAIC, NDAA

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CMS Publishes Final Rule on Programs of All-Inclusive Care for the Elderly (PACE)

The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on April 4, 2024, that makes a number of changes to regulations governing the Programs of All-Inclusive Care for the Elderly (PACE). Among other things,…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, Final Rules, Grievance Process, Health Care Providers

See all updates »

Key Value-Based Care Developments to Watch in 2024

The goal of value-based care (VBC) is to promote better care for individual patients and improved health outcomes for communities at reduced costs. This is an important and admirable purpose as many VBC stakeholders attempt to…more

ACOs, Alternative Payment Models (APM), Anti-Kickback Statute, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events…more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

See all updates »

Prejudgment Interest on Personal Injury Claims Becomes Law in Illinois

Illinois Gov. JB Pritzker has signed Senate Bill 72 (Prejudgment Interest Act) into law, which provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per…more

Bodily Injury, Governor Pritzker, Prejudgment Interest, Settlement

See all updates »

What to Know About the New Artificial Intelligence Executive Order

President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns…more

Artificial Intelligence, Biden Administration, Cybersecurity, Defense Production Act, Executive Orders

See all updates »

Delaware Supreme Court Adopts Universal 3-Part Test to Assess Demand Futility

In a Sept. 23, 2021, decision that may make it easier for Delaware boards of directors to obtain an early dismissal of derivative suits brought against them, the Delaware Supreme Court in United Food and Commercial Workers Union…more

Board of Directors, Class Action, DE Supreme Court, Demand Futility, Derivative Suit

See all updates »

Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered…more

Best Practices, Class Action, Cyber Attacks, Cybersecurity, Data Breach

See all updates »

Mayor de Blasio Announces Banning As-of-Right Hotel Projects in New York City

According to recent media stories, New York City Mayor Bill de Blasio has announced that he is directing his Department of City Planning (DCP) to study expanding regulations prohibiting as-of-right development of hotels…more

Hotels, Lobbying, Municipalities, Permits, Real Estate Development

See all updates »

U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation applies…more

Abrogation, Bankruptcy Code, Government Entities, Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin, Legal History

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"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing the…more

Affordable Housing, CEQA, General Plan, Grace Period, Housing Developers

See all updates »

OFAC Revokes General License 44 Related to Venezuela's Oil and Gas Sector

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License 44A (GL 44A) on April 17, 2024, replacing and superseding General License 44 (GL 44). On Oct. 18, 2023, OFAC suspended certain…more

Commercial General Liability Policies, Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, Presidential Elections

See all updates »

New Registry for Importers of Steel Products in Mexico

The "Agreement amending the various regulations by which the Ministry of Economy issues General Rules and Criteria on Foreign Trade" (Agreement) was published in Mexico’s Official Gazette of the Federation on April 15, 2024. The…more

Foreign Trade Regulations, Importers, Imports, International Harmonization, Mexico

See all updates »

UPDATE: Proposed New York "Material Transaction" Review Law Scaled Back

In a prior blog post, we summarized proposed legislation that would have conferred upon the New York State Department of Health (DOH) the authority to review and approve "material transactions" involving a "health care entity"…more

Acquisitions, Comment Period, Disclosure Requirements, Healthcare Facilities, Hospital Mergers

See all updates »

A Cautionary Tale from arrivia Inc. v. Rowley

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov. 8,…more

Breach of Contract, Confidential Information, Contract Disputes, Defend Trade Secrets Act (DTSA), Misappropriation

See all updates »

Private Equity Healthcare Transactions Under Scrutiny

From the West Coast Healthcare Desk is an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace…more

Acquisitions, Corporate Practice of Medicine, Health Care Providers, Hedge Funds, Hospitals

See all updates »

CFTC Seeks Comments on Use of AI in Derivatives Markets

The Commodity Futures Trading Commission (CFTC) has issued a request for comment (RFC) seeking public input on the use of artificial intelligence (AI) in CFTC-regulated markets. The RFC – distributed jointly by the CFTC's…more

Artificial Intelligence, Automation Systems, Biden Administration, Brokers, CFTC

See all updates »

A Look at Foreign Entities of Concern and the Section 30D Clean Vehicle Tax Credit

The U.S. Department of Energy (DOE) recently released proposed guidance defining "foreign entity of concern" (FEOC) under the Infrastructure Investment and Jobs Act (IIJA). Among other reasons, this proposed guidance is…more

Clean Car Standards, Comment Period, Controlled Foreign Corporations, Department of Energy (DOE), Electric Vehicles

See all updates »

Principio de precaución opera ante indicios según SU-018/24 en Colombia

La sentencia SU-018/24 proferida por la Corte Constitucional de Colombia confirmó la posición evidenciada en la sentencia del Consejo de Estado del 19 de agosto de 2022, por medio de la cual condenó a una empresa del sector de…more

Colombia, Constitutional Courts, Energy Sector, Environmental Violations, Hazardous Waste

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Independent Directors on Family Business Boards

...Legal Circumstances in Which Independence Is Important - The "business-judgment rule" is a presumption that in making business decisions the directors or managers acted or chose not to act on an informed basis, in good…more

Business Judgment Rule, Conflicts of Interest, Family Businesses, Independent Director

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Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small…more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

See all updates »

FinCEN Warns of Scams Relating to PPE and Other Medical Goods During COVID-19 Pandemic

In struggling to address the evolving COVID-19 pandemic, the United States and many other countries continue to face major shortages of Personal Protective Equipment (PPE), such as N95 masks, gowns and other vital materials…more

Bank Secrecy Act, Coronavirus/COVID-19, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

See all updates »

USMCA Deadline to File Legacy Investment Arbitrations Approaches

The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive rules,…more

Arbitration, Commercial Contracts, CPTPP, Dispute Resolution, Dispute Resolution Clauses

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Payment Card Data is Not Trade Secret Information under the DTSA

In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment card…more

Credit Unions, Customer Information, Cybersecurity, Data Breach, Data Privacy

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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