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Hadeel M. Abouhasira

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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Diego Mauricio Acevedo

Colpensiones informa: Procedimientos relacionados con la ineficacia de traslados en Colombia

La Administradora Colombiana de Pensiones (Colpensiones), el 22 de agosto de 2024, emitió un comunicado respecto al alcance del Artículo 76 de la Ley 2381 de 2024 (reforma pensional) en lo referente a la oportunidad de traslado…more

Colombia, Pension Reform, Pensions, Social Security

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Janine Andrea Acosta

Formación en sostenibilidad y gestión de riesgos para el sector público y privado en Colombia

Mediante la Ley No. 2427 del 9 de septiembre de 2024, el Congreso de Colombia dispuso la necesidad de fortalecer la formación en sostenibilidad ambiental, cambio climático y gestión del riesgo de desastres en todos los niveles…more

Climate Change, Colombia, Disaster Preparedness, Public Employees, Public Officials

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Nathan Adams IV

Recent Developments in Florida Energy and Environmental Legislation

In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in…more

Constitutional Amendment, Florida, Legislative Agendas, State and Local Government, State Constitutions

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Rachel Agius

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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Paul Aguggia

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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Jorge Aguilar

Iniciativa de reforma al poder judicial en México

El Ejecutivo Federal de México, el 5 de febrero de 2024, presentó a la Cámara de Diputados un paquete de iniciativas constitucionales y reformas secundarias, dentro de las cuales se encuentra la "Iniciativa que reforma, adiciona…more

Constitutional Amendment, Judicial Authority, Judicial Reform, Mexico, Proposed Amendments

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Roger Aksamit

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Sergio Alejandro Alayon

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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Dawn Rudenko Albert

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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Linda Auerbach Allderdice

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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Jose Almanzar

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map and…more

CERCLA, Corrective Actions, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Eric Almon

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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Ari Alvarez

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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Nicole Alvarez

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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Christine Anchia Crousillat

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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Nancy Anderson

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Max Angel

Not So Cryptic: IRS Increases Oversight on Cryptocurrency Income Tax Reporting Requirements

Cryptocurrency has revolutionized the financial markets but also created tax traps for the unwary investor. Building on proposed regulations issued last year, the IRS recently increased its oversight of cryptocurrency…more

Charitable Donations, Cryptocurrency, Digital Assets, Fair Market Value, FBAR

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Kevin Angle

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain…more

Compliance, Controlled Unclassified Information (CUI), Cyber Crimes, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Marc Antonecchia

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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Maria Camila Aponte

Expedición y certificación del CCITE en Colombia debe ser realizada electrónicamente

La Subdirección de Control y Fiscalización de Sustancias Químicas y Estupefacientes del Ministerio de Justicia y del Derecho de Colombia publicó recientemente una circular por medio de la cual informan a los usuarios que, a…more

Certifications, Colombia, Controlled Substances, Drug Trafficking, Ministry of Justice

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Katherine Arango

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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Daniela Arbelaez

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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Kara Ariail

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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Richard Ariel

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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Eduardo Arista

¿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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Christopher Armstrong

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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Cary Aronovitz

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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Hugo Arza

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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Kevin Ashe

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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Brian Atherton

Washington State Eases Lease Execution Process

Effective June 6, 2024, Washington state no longer requires that commercial leases with a term of more than one year be notarized to be effective. On March 13, 2024, Gov. Jay Inslee signed Substitute Senate Bill (SSB) 5840 into…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Governor Inslee, New Legislation

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Kristina Starr Azlin

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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Marion Bachrach

"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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Kelly Bagnall

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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Catie Lane Bailey

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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Jay Baker

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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Kyla O'Brien Baker

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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Philip Baker-Shenk

Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes that…more

Claim Procedures, Health Insurance, Indian Health Service (IHS), Medicaid, Medicare

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Andrew Balthazor

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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Susan Banks

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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Jason Hartley Barker

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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Lisa Ann Barkovic

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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Deborah Barnard

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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Luis Rubio Barnetche

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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Jacob Baron

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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Antonio Barrera

Ejecutivo Federal de México publica reforma a la Ley de Amparo en materia de suspensiones

El Ejecutivo Federal de México, el 14 de junio de 2024, publicó en el Diario Oficial de la Federación (DOF), el "Decreto por el que se reforman los Artículos 129 y 148 de la Ley de Amparo, Reglamentaria de los Artículos 103 y…more

Constitutional Amendment, Mexico

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Jacob Barrera

Recent Ruling Shows Healthcare Private Equity Firms a Path Through the New Antitrust Era

Private equity sponsors can exhale: A federal court recently stopped the Federal Trade Commission's (FTC) antitrust action that targeted private equity sponsor Welsh, Carson, Anderson & Stowe for the healthcare "roll-up"…more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Federal Trade Commission (FTC), FTC Act

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Daniel Barsky

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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Courtney Batliner

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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Leila Marie Jackson Batties

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

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Peter Baumgaertner

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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Neal Beaton

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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Lauren Becker

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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Sean Belander

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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Joshua Belcher

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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B. Jeffery Bell

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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Seth Belzley

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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Sara Benson

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and…more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Thomas Bentz Jr.

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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Leonard Bernstein

CFPB Keeps to Its Word by Issuing Additional Buy Now, Pay Later Guidance

purred by increased online and mobile app shopping during the COVID-19 pandemic, the Buy Now, Pay Later (BNPL) market has experienced higher growth and popularity as an innovative consumer finance offering, particularly for the…more

Buy Now Pay Later (BNPL), Chevron Deference, Compliance, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Robert Bernstein

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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Brent Berselli

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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Hunter Bezner

Shady Days: SEC Secures Another Insider Trading Stat on Shadow Trading Theory

The U.S. District Court for the Northern District of California on May 30, 2024, approved a settled final judgment against technology company Arista Networks' former chairman and CEO, Andreas "Andy" Bechtolsheim based on…more

Acquisitions, Breach of Duty, Civil Monetary Penalty, Confidential Information, Enforcement Actions

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Julian Bibb

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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Richard Bixter Jr.

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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David Black

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or…more

Acquisitions, Certification Requirements, Certifications, Comment Period, Federal Acquisition Regulations (FAR)

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Steven Block

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Jessica Bloomfield

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

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Libby Bloxom

Find Someone Observant: The Vital Role of Facility Security Officers

In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the…more

Security, Security Clearance, Security Risk Assessments

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Peter Blumeyer

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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Maximillian Bodoin

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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Noel Robert Boeke

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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Paul Bond

American Hospital Assn. v. Becerra: Are Tracking Tools OK Again? Court Dials Back OCR Bulletin

A recent federal court decision is a victory for Health Insurance Portability and Accountability Act (HIPAA) covered entities using third-party tracking tools on unauthenticated webpages. These are websites available to the…more

American Hospital Association et al v Becerra Secretary Of Health And Human Services et al, Business Associates, Covered Entities, Federal Trade Commission (FTC), Final Judgment

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Susan Jennifer Booth

Making Lemonade from Lemons: A Mortgage Lender's Guide to Successful Loan Workouts, Part 4

The first three articles in this series took you through the steps for developing a workout strategy. If you have followed those recommendations, you understand where you are and where you want to be. You have also developed a…more

Accelerated Payments, Acceleration, Default, Forbearance Agreements, Loan Documentation

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Charles Borden

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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Joshua Bosin

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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Zach Boulden

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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Faust Bowerman

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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Janis Boyarsky Schiff

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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Robert Bradner

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the…more

Appropriation, Biden Administration, Federal Acquisition Regulations (FAR), Federal Budget, Federal Funding

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Frederick Braid

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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Keith Brandofino

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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James Bristol

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and…more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Brian Briz

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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Christopher Brockman

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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Thomas Brooke

U.S. Supreme Court Upholds Constitutionality of Federal Trademark Statute's "Names Clause"

The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark that…more

First Amendment, Free Speech, Lanham Act, SCOTUS, Trademark Registration

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Jonetta Brooks

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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Molly Broughton

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Brian Browder

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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Daniel Brown

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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Jessica Brown

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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Samuel Brown

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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Thomas Brownell

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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John Brownlee

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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Bradley Brownlow

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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Deborah Brundy

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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Daniel Buchholz

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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John Bunge

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Brian Bunger

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Jeremy Burkhart

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts or…more

Certification Requirements, Federal Contractors, Filing Deadlines, NDAA, Prime Contractor

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Robert Burns

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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Cynthia Burnside

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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Patrick Burri

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security…more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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Suzanne Busser

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

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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Scott Buzzard

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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William Byrne

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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Gabriel Caballero Jr.

FinCEN Issues Final Rule on AML/CFT Requirements for Investment Adviser Sector

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Aug. 28, 2024, issued a final rule to help safeguard the investment adviser sector from illicit finance activity (Final Rule). The Final Rule…more

AML/CFT, Bank Secrecy Act, Biden Administration, Compliance, Customer Due Diligence (CDD)

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Diana Lucia Cabrera

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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Mariangela Cáceres

Colpensiones informa: Procedimientos relacionados con la ineficacia de traslados en Colombia

La Administradora Colombiana de Pensiones (Colpensiones), el 22 de agosto de 2024, emitió un comunicado respecto al alcance del Artículo 76 de la Ley 2381 de 2024 (reforma pensional) en lo referente a la oportunidad de traslado…more

Colombia, Pension Reform, Pensions, Social Security

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Lynn Calkins

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Ed Callaway

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid…more

CERCLA, Compliance, Discharge of Pollutants, Drinking Water, Due Diligence

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Lindsey Camp

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and…more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Anthony Campiti

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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Matthew Caplan

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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Leah Capritta

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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Daniel Carlin

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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Keith Carroll

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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Kelly-Ann Cartwright

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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Jose Casal

Jose Casal Reflects on Living His Father's Dream and Creating a New Hispanic Culture in the U.S.

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, Marketing Perspectives, Professional Development, Thought Leadership

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Juan Israel Casallas

Corte Constitucional de Colombia declara exequible estudio de impactos climáticos en el EIA

La Sentencia C-280 de 2024 de la Corte Constitucional de Colombia (la Sentencia) del 11 de julio de 2024, declaró la exequibilidad condicionada del inciso segundo del Artículo 57 de 1993, bajo el entendido de que hay un déficit…more

Climate Change, Colombia, Environmental Impact Report (EIR), Environmental Policies, Licensing Rules

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Kimberly Case

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was…more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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Monica Castro

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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J. Michael Cavanaugh

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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Mischael Cetoute

Local Governments in Florida Can No Longer Require Electric Vehicle Charging Stations

Florida Senate Bill 1084 (the Bill), which was passed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on May 1, took effect on July 1, 2024. The Bill addresses myriad issues, including the regulation of…more

Charging Stations, Electric Vehicles, Governor DeSantis, Infrastructure, Motor Vehicles

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Melanie Chaewsky

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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Tayler Chambless

Massachusetts Board of Pharmacy to Take a Big Step: Licensing Nonresident Pharmacies

In a move that could reshape the regulatory landscape for pharmacies servicing Massachusetts residents, the Massachusetts Board of Pharmacy has announced that it will soon begin licensing nonresident pharmacies and requiring at…more

Compliance, Licensing Rules, Out-of-State Companies, Pharmacies, Pharmacist

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D'Andre Chapman

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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Stacie Chau

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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Oscar Alejandro Quiroz Chavez

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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Jasmine Chean

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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James Chivilo

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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Andrew Choi

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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Angad Chopra

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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Kevin Christmas

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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Graham Coates

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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Alan Cohen

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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Christopher Cohen

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

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Da'Morus Cohen

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's five…more

Advertising, Celebrity Endorsements, Consumer Product Companies, Endorsements, Fake Reviews

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Jerald Cohn

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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Brian Colandreo

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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Ivan Colao

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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David Cole

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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William Coleman

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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Meaghan Colligan

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Abraham Joshua Colman

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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Enrique Conde

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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Timothy Conner

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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Brendan Connors

FERC's Transmission Planning and Permitting Final Rules Are Out: Let's Start Building

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

Clean Energy, Department of Energy (DOE), Electronically Stored Information, Energy Projects, Energy Sector

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Jennifer Connors

[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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Frederick Conrad III

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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Louis M Conti

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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Simon Coon

Holland & Knight Defense Situation Report: May 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, Congressional Committees, Defense Production Act, Defense Sector, Department of Defense (DOD)

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Edwin Cortes

Leyes y Leyendas: 7 Juicios que cambiaron la historia

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés recibe al invitado Víctor Cabezas, autor de Leyes y leyendas: Siete juicios que cambiaron la historia. El Sr. Cabezas habla sobre su fascinación por las…more

Legal Project Management, Litigation Strategies, Trial Practice Guidance, Trial Preparation, Trials

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Maria Cortes

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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Vito Costanzo

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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Michael Cottone

Tennessee Removes Alternative Measure for Franchise Tax, Creates Automatic Refund Period

Gov. Bill Lee recently signed into law Public Chapter 950, which creates significant changes in how Tennessee's franchise tax is calculated. Until now, the franchise tax has been calculated based on 1) a taxpayer's…more

Franchise Taxes, Governor Lee, Income Apportionment, Property Owners, State Taxes

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Renee Covitt

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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Kevin Cox

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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Liam Crane

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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Sarah Crossan

Holland Knight Health Dose: September 17, 2024

Holland & Knight Health Dose 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

CBO Report, Children's Health Insurance Program (CHIP), Congressional Committees, Congressional Investigations & Hearings, Continuing Resolution

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Elizabeth Crouse

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Eric Crusius

Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors

In this episode of "Regulatory Phishing," Government Contracts and Cybersecurity attorney Eric Crusius delves into the latest developments from the Cybersecurity Maturity Model Certification (CMMC) program, National Institute of…more

Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), False Claims Act (FCA), Federal Contractors, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA)

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Bibiana Cruz

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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Arantxa Cuadrado

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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Gustavo Cuberos

El regreso de los mecanismos de emergencia para empresas en insolvencia

In this episode of "A Lo Legal En Par Minutos," Partner Edwin Cortés talks with bankruptcy attorney Natalia Cuberos about the latest insolvency regulation in Colombia. The country's Congress passed a law making permanent certain…more

Colombia, Commercial Bankruptcy, Corporate Restructuring, Insolvency

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Ana Maria Cubillos

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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Camilo Alberto Cuervo

Colpensiones informa: Procedimientos relacionados con la ineficacia de traslados en Colombia

La Administradora Colombiana de Pensiones (Colpensiones), el 22 de agosto de 2024, emitió un comunicado respecto al alcance del Artículo 76 de la Ley 2381 de 2024 (reforma pensional) en lo referente a la oportunidad de traslado…more

Colombia, Pension Reform, Pensions, Social Security

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Rosa Maria Cuevas

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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Maria Currier

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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Lawrence Curtin

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

See all updates »

Amy Curtis

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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Natalia Dávila

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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Jim Davis

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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Tom Davis

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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James Dawson

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Andrea Darling de Cortes

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

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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Maria de la Motte

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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Tori Deal

Florida’s Equine Landscape

In this episode of our "Florida Capital Conversations" podcast series, Equine Industry Team Leader Kayla Pragid and Public Affairs Advisor Tori Deal delve into the diverse aspects of Florida's equine industry. Ms. Pragid shares…more

Agricultural Sector, Farms, Legislative Agendas, State and Local Government, State Legislatures

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John Decker

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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Christopher DeLacy

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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Randolph DelFranco

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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Anthony DeLorenzo

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

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

Building Permits, Dolan v City of Tigard, Essential Nexus, Fifth Amendment, George Sheetz v County of El Dorado

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katelyn DeMartini

What to Consider When Buying Real Estate Promissory Notes

Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for…more

Chain of Title, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Creditors

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F. Robert Denig

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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Andrew Derman

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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Shardul Desai

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing? (Update)

This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp…more

Board of Directors, Chief Information Security Officer (CISO), Corporate Governance, Cyber Attacks, Cybersecurity

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Matthew Detzel

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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Josias Dewey

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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Edward Diaz

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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Juan Diaz

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Isabella Díaz

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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John Dierking

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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Anthony DiResta

FTC Challenges H&R Block's Marketing and Data Practices

In this episode of his "Clearly Conspicuous" podcast series, "FTC Challenges H&R Block's Marketing and Data Practices," consumer protection attorney Anthony DiResta discusses the Federal Trade Commission's (FTC) actions against…more

Administrative Complaints, Federal Trade Commission (FTC), H&R Block, Unfair or Deceptive Trade Practices

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Jared Dodd

A Game Plan for Success: Basic Estate Planning for Student-Athletes

A new era for student-athletes continues to take shape. Historically, student-athletes have generally been unable to monetize their athletic careers until post-college due to NCAA amateurism rules, but with state laws limiting…more

College Athletes, Estate Planning, Intellectual Property Protection, Name and Likeness, NCAA

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R. David Donoghue

District Court Ruling Offers Insight into Computer Fraud and Abuse Act Civil Jury Cases

Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found, that…more

Airlines, Booking.com, Computer Fraud and Abuse Act (CFAA), Counterclaims, Defamation

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Agnes Doyle

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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Ana Dragojevic

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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Alexander Dudley

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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Patrick Duffey

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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Emily Duncan

Healthcare Private Equity Transactions Under Scrutiny: Mid-Year Review

At the end of last year, Holland & Knight predicted that "the current enforcement environment will continue into 2024 and will focus heavily on the healthcare industry, along with private equity transactions or 'roll-ups.'…more

Antitrust Provisions, Enforcement Priorities, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities

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Vinh Duong

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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Jennifer Duplissey

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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Martin Durkin

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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Allison Dyer

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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Emily Earnshaw

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

See all updates »

Tammy Eason

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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Caitlin Eberhardt

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest…more

Burden of Proof, Damages, IP Litigation, Jury Instructions, Misappropriation

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Richard Eckhard

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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Amy Edwards

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Jamie Ehrlich

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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Cory Eichhorn

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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Emma Ekman

Update on U.S. Counter-UAS Authorities and Efforts to Address Threats from Drone Operations

The military conflicts in Ukraine and Israel have highlighted the role that small unmanned aircraft systems (sUAS) might play in future conflicts. The Federal Aviation Administration (FAA) Reauthorization Act of 2024 (the Act)…more

Aircraft, Airports, Airspace, Department of Homeland Security (DHS), Drones

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Johnny ElHachem

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Brandon Elledge

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest…more

Burden of Proof, Damages, IP Litigation, Jury Instructions, Misappropriation

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Terry Elling

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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Brandice Elliott

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

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Brooke Elliott

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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Nicole Elliott

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

See all updates »

Andrew Emerson

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984 U.S…more

Auer Deference, Chevron Deference, Chevron v NRDC, Data Collection, Kisor v Wilkie

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Alex Englander

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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Lindsay Allyn Enriquez

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Jonathan Epstein

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation among…more

Amended Rules, Artificial Intelligence, Australia, CFIUS, Comment Period

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Miguel Escobar

Foreign-Flagged Vessels Beware

Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the…more

Causation, Foreign Ownership, Liability, Maritime Transport, Negligence

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Simon Escobar

Justice for Victims of Foreign Vessels Act Language Revealed

The language for the proposed Justice for Victims of Foreign Vessel Accidents Act (Bill) was released on Sept. 11, 2024. As discussed in Holland & Knight's previous blog post, "Foreign-Flagged Vessels Beware," Sept. 9, 2024, the…more

Claim Limitations, International Freight, Liability, Maritime Transport, Proposed Legislation

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Selene Espinosa

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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Erin Estevez

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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Daniel Fajardo Villada

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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William Farley

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

See all updates »

Robert Farlow

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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Jessica Farmer

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to…more

Algorithms, Anti-Competitive, Antitrust Division, Caesars, Casinos

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Cheryl Feeley

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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Robin Feiner

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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Robert Felber

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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Maddie Fenton

New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the regulatory…more

Acquisitions, Colleges, Compliance, Controlling Person, Department of Education

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Andres Fernandez

FinCEN Issues Final Rule on AML/CFT Requirements for Investment Adviser Sector

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Aug. 28, 2024, issued a final rule to help safeguard the investment adviser sector from illicit finance activity (Final Rule). The Final Rule…more

AML/CFT, Bank Secrecy Act, Biden Administration, Compliance, Customer Due Diligence (CDD)

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Joe Fernandez III

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Wifredo Ferrer

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Stephen Fink

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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Michael Fiorillo

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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Edward Fitzgerald

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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Aaron Flinn

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Vincent Foley

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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Gina Fonte

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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Loren Lee Forrest Jr.

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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Paul Forshay

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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Zachary Frampton

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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Mark Francis

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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Miranda Franco

CMS Releases Final Rule on the Medicaid Drug Rebate Program

The Centers for Medicare & Medicaid Services (CMS) on Sept. 20, 2024, released the Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program (CMS-2434) Final Rule…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Managed Care Contracts, MDRP

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Rebecca Freed

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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Kyrus Lamont Freeman

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

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Leon Fresco

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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Hillary Freund

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small business…more

Biden Administration, Business Development, Consultation, Entrepreneurs, Executive Orders

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Michael Frevola

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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Michael Friedberg

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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Robert Friedman

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other agencies…more

Anti-Dumping Duty, Biden Administration, CAFTA-DR, Certification Requirements, Consumer Product Safety Commission (CPSC)

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Timothy Froessel

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Amy Fuentes

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or…more

Acquisitions, Certification Requirements, Certifications, Comment Period, Federal Acquisition Regulations (FAR)

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Anthony Fuga

Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible…more

Abstract Ideas, Apple, Cameras, Claim Construction, Patents

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Richard Furey

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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Michael Galano

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Gemma Galeoto

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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Logan Gans

Treasury Department Confirms Suspension of U.S.-Russia Income Tax Treaty

The U.S. Department of the Treasury on June 17, 2024, confirmed it had formally notified Russia about the suspension of the Convention between the United States of America and the Russian Federation for the Avoidance of Double…more

Compliance, Cross-Border, Double Taxation, Income Taxes, Internal Revenue Code (IRC)

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Camilo Gantiva

Banco de la República analiza beneficios y riesgos de emitir una moneda digital en Colombia

Con una visión estratégica sobre el futuro del sistema financiero colombiano, el Banco de la República ha publicado un análisis exhaustivo de los beneficios y riesgos asociados a la emisión de una moneda digital de banco central…more

Banking Sector, Colombia, Cryptocurrency, Digital Currency, Financial Institutions

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Denise Ganz

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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Abbey Garber

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Esteban Garcia

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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Luis Garcia

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's five…more

Advertising, Celebrity Endorsements, Consumer Product Companies, Endorsements, Fake Reviews

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Claudia García

Air Pollution Alert Declared in the Metropolitan Area of Nuevo Leon, Mexico

The Official Gazette of the Constitutional Government of the Free and Sovereign State of Nuevo Leon, on April 2, 2024, published the Secretary of Health of Nuevo Leon’s "Agreement declaring an Atmospheric Pollution Alert" in…more

Air Pollution, Climate Change, Health and Safety, Mexico, Risk Mitigation

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Franciso García

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Nathaniel Gardner

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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Garrett Garfield

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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Danielle Garno

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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Francisco Andres Gamez-Garza

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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Pedro Gassant

Local Governments in Florida Can No Longer Require Electric Vehicle Charging Stations

Florida Senate Bill 1084 (the Bill), which was passed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on May 1, took effect on July 1, 2024. The Bill addresses myriad issues, including the regulation of…more

Charging Stations, Electric Vehicles, Governor DeSantis, Infrastructure, Motor Vehicles

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Jon Gaston

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Christine Fuqua Gay

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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Adrian Gay Lasa

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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Kayla Gebeck Carroll

House Agriculture Committee Completes Markup of 2024 Farm Bill

The U.S. House of Representatives Committee on Agriculture completed its markup of the Farm, Food and National Security Act of 2024 (Farm Bill) on May 24, 2024, and passed the proposed legislation 33-21, with four Democrats –…more

Agricultural Sector, Commercial Loans, Commodities, Credit, Crop Insurance

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Benjamin Genn

Exploring the Issues and Implications of Artificial Intelligence

Holland & Knight and Florida State University College of Law hosted an Artificial Intelligence (AI) Summit in Holland & Knight's Washington, D.C., office, on April 2, 2024. Holland & Knight Partner Anthony DiResta and Florida…more

Artificial Intelligence, Business Strategies, Consumer Protection Laws, Machine Learning, Popular

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Leila George-Wheeler

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or…more

Acquisitions, Certification Requirements, Certifications, Comment Period, Federal Acquisition Regulations (FAR)

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Sanaa Ghanim

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Danielle Giaccio

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the Texas…more

Advertising, Artificial Intelligence, Corporate Counsel, Disclosure Requirements, Government Investigations

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Cynthia Gierhart

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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Maria Camila Gil

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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Tyler Gilbert

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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John Gilson

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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Warren Gluck

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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Stacie Andra Goeddel

California's Hotel and Private Residence Rental Reservation Refunds Law Is Effective July 1

A new California law that enables people making hotel accommodations or short-term rentals to cancel their reservations without penalty under certain parameters becomes effective on July 1, 2024. California Senate Bill 644, the…more

AirBnB, Cancellation Rights, Health and Safety, Hospitality Industry, Hotels

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Rich Gold

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Aaron Goldberg

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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Mark Goldschmidt

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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Jordan Goldstein

FinCEN Issues Additional Helpful Guidance on How to Report a Dissolution of a Company

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Sept. 10, 2024, issued four FAQs to update and clarify how reporting should be undertaken for reporting companies that are dissolved prior to…more

Beneficial Owner, Compliance, Corporate Dissolution, Corporate Transparency Act, FinCEN

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Joseph Goldstein

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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Daniel Golub

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements…more

Community Development, Construction Contracts, Construction Industry, Construction Project, General Contractors

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Damián Gómez

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Enrique Gomez-Pinzon

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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Aldo Gonzalez

Mexico Prepares to Vote on Amendment to Streamline and Dissolve Government Agencies

The Constitutional Law Committee (Comisión de Puntos Constitucionales de la Cámara de Diputados or CPC) of Mexico's House of Representatives (Cámara de Diputados), on July 25, 2024, published a schedule to analyze and approve…more

Administrative Agencies, Antitrust Division, Constitutional Amendment, Energy Sector, Mexico

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Alex Gonzalez

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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Dennis Gonzalez

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 Aracely Gonzalez

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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Jorge Gonzalez

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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Brian Goodrich

CFPB Proposes New Restrictions on Mortgage Servicers Before Commencing Foreclosures

The Consumer Financial Protection Bureau (CFPB) on July 10, 2024, announced a proposed rule that would require servicers to more intently assist borrowers throughout a "loss mitigation review cycle" before being permitted to…more

Borrowers, Comment Period, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Default

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Mark Goracke

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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Steven Gordon

Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes that…more

Claim Procedures, Health Insurance, Indian Health Service (IHS), Medicaid, Medicare

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Samson Goriola

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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Matt Gornick

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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William Gould

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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Eugenio Grageda

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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Isabella Granucci

California Law Bans Hidden Fees for Goods and Services Starting July 1, 2024

California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate "drip…more

Advertising, Civil Code, Consumers Legal Remedies Act, Corporate Counsel, False Advertising

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Alan Winston Granwell

FinCEN Issues Additional Helpful Guidance on How to Report a Dissolution of a Company

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Sept. 10, 2024, issued four FAQs to update and clarify how reporting should be undertaken for reporting companies that are dissolved prior to…more

Beneficial Owner, Compliance, Corporate Dissolution, Corporate Transparency Act, FinCEN

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Chris Gregores

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

See all updates »

George Gregores

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

See all updates »

Gordon Griffin

The Davis-Bacon Act as Applied to GSA Leasing

The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government…more

Commercial Leases, Construction Industry, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

See all updates »

Katharine Griffiths

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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Michael Grill

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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Michael Gropper

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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Matthew Grosack

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

See all updates »

Joseph Guay

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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Michelle Guevara

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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Catalina Gutiérrez

Familias multiespecie: ¿Una nueva realidad?

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Catalina Gutiérrez, abogada de propiedad intelectual, sobre el tema de las familias multiespecie en Colombia. Detallan que a pesar de la falta…more

Animal Cruelty, Animal Health, Colombia, Dogs, Legislative Agendas

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Ernesto Guzmán

En Colombia disponen alivios a los aspectos comerciales del suministro de GNL

La Comisión de Regulación de Energía y Gas (CREG) de Colombia publicó el 22 de agosto de 2024, la Resolución 102 009 de 2024 por medio de la cual se adoptaron medidas de carácter definitivo para otorgar alivios a los aspectos…more

Energy Sector, Natural Gas, New Regulations, Oil & Gas, Regulatory Oversight

See all updates »

Jeffrey Haas

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

See all updates »

Robert Haight Jr.

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

See all updates »

Julia Haines

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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Wynter Haley Scott

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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Peter Hall

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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David Haller

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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Gregory Hallmark

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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Jonathan Halpern

The (Uncertain) Application of the Corporate Transparency Act to Tribal Entities

The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal webinar…more

Beneficial Owner, Business Formation, Compliance, Corporate Governance, Corporate Transparency Act

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Todd Hambidge

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies…more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

See all updates »

L. Bradley Hancock

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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Carrol Hand

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

See all updates »

John Haney

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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Daniel Hanlon

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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Michael Hantman

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Katherine Hantson

DOE Announces Award Negotiations Updates for Large Capital Projects

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

Administrative Procedure, Capital Improvements, Clean Energy, Climate Change, Community Development

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Mark Haranzo

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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Peter Hargitai

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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Samara Harris

California's Hotel and Private Residence Rental Reservation Refunds Law Is Effective July 1

A new California law that enables people making hotel accommodations or short-term rentals to cancel their reservations without penalty under certain parameters becomes effective on July 1, 2024. California Senate Bill 644, the…more

AirBnB, Cancellation Rights, Health and Safety, Hospitality Industry, Hotels

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Tamra Harris

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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Jeanne Harrison

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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Ashley Hart

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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Sarah Hartsfield

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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Shannon Britton Hartsfield

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient…more

Business Associates, Data Privacy, Data Security, Data Selling, De-Identification

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Robb Harvey

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies…more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

See all updates »

Nicholas Hasenfus

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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Kristian Havard

FAA Reauthorization Act Creates PFAS Replacement Program for Airports

President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is…more

Airports, Department of Defense (DOD), Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), Infrastructure

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Jason Havens

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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Lisa Hawke

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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Anna Hayes

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The Federal…more

Antitrust Litigation, Federal Trade Commission (FTC), Food and Drug Administration (FDA), FTC Act, Manufacturers

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Kelsey Hayes

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or…more

Acquisitions, Certification Requirements, Certifications, Comment Period, Federal Acquisition Regulations (FAR)

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Sulan He

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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Megan Healy Schmid

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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Christian Hecht

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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Sandra Heller

Understanding Trends and Challenges in the Behavioral Health Sector

In this episode of "Counsel That Cares," healthcare litigation attorneys Sandra Heller and Jennifer Weaver discuss behavioral health sector trends, providing insights from the commercial and government perspectives. Ms. Heller…more

Health Care Providers, Healthcare Facilities, Mental Health, Physicians

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Kelly Hellmuth

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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Abigail Hemenway

Holland Knight Health Dose: September 17, 2024

Holland & Knight Health Dose 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

CBO Report, Children's Health Insurance Program (CHIP), Congressional Committees, Congressional Investigations & Hearings, Continuing Resolution

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A. André Hendrick

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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Jennifer Hernandez

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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Julia Hesse

Reproductive Healthcare Privacy Rule Brings New Requirements for All Providers

In the midst of an industry reeling from the Change Healthcare cybersecurity incident, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued a series of final rules requiring significant…more

21st Century Cures Act, Covered Entities, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Health Care Providers

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Lauri Hettinger

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Edward Hickey

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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Loren Kessler Higgins

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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Robert Highsmith Jr.

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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Jason Hill

Council on Environmental Quality Substantially Rewrites NEPA Regulations

The Council on Environmental Quality (CEQ) on May 1, 2024, published its Phase II regulations1 under the National Environmental Policy Act (NEPA).2 As part of a multiphase effort to amend the NEPA regulations that straddled the…more

Amended Regulation, CEQ, Environmental Impact Statements, Environmental Review, NEPA

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Robert Hill

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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Thomas Hill

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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Leizl Hinajon

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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Bess Hinson

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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Jerome Hoffman

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

See all updates »

Emily Holpert

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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Alexander Holtan

Commodity Futures Trading Commission Finalizes Voluntary Carbon Market Standards

The Commodity Futures Trading Commission (CFTC) on Sept. 20, 2024, finalized guidance (the Final Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC‑regulated exchanges. The CFTC previously…more

Carbon Pricing, CFTC, Commodities, Derivatives, Final Guidance

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Stacy Hooper

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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John Hoover

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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Cara Houck

Little-Known Chicago Rental Ordinance Amendment Impacts Unsuspecting Foreclosing Lenders

A foreclosing lender must offer existing Chicago tenants a new 12-month lease or pay them a substantial $10,600 relocation fee – and the tenant can decide which one to choose. This 2021 amendment to the Keep Chicago Renting…more

Amended Legislation, Foreclosure, Local Ordinance, Mortgage Lenders, Mortgages

See all updates »

Kevin Houlihan

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

See all updates »

Bradley Houser

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

See all updates »

Bryan Howard

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

See all updates »

Leonie Huang

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

See all updates »

Bart Huffman

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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Dennis Russell Hughes

Nannie Helen Burroughs NE Corridor: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is designed…more

Affordable Housing, Economic Development, Housing Market, Mixed-Use Zoning, Municipalities

See all updates »

Stephen Humes

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Joshua Husbands

Maximize Your Legacy: Take Advantage of the High Estate and Gift Tax Exemption Sunset

As part of the Tax Cuts and Jobs Act (TCJA), the estate and gift tax exemption was doubled for tax years 2018-2025. In 2018, the exemption doubled from $5.49 million in 2017 to $11.18 million in 2018, and that amount has been…more

Estate Planning, Gift Tax, Gift-Tax Exemption, High Net-Worth, Income Taxes

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Jose Ricardo Ibarra Cordova

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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Morgan Ivey

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality and…more

Acquisitions, Amended Regulation, Change in Control, Corporate Practice of Dentistry, Corporate Practice of Medicine

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Janene Jackson

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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Kharissa Jacobsen

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Monika Jain

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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Robert Jain

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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Andrea James

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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Daniel Janovitz

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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Madison Jaros

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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Eddie Jauregui

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Bob Jaworski

CFPB Proposes New Restrictions on Mortgage Servicers Before Commencing Foreclosures

The Consumer Financial Protection Bureau (CFPB) on July 10, 2024, announced a proposed rule that would require servicers to more intently assist borrowers throughout a "loss mitigation review cycle" before being permitted to…more

Borrowers, Comment Period, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Default

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Kenny Jefferson

A Game Plan for Success: Basic Estate Planning for Student-Athletes

A new era for student-athletes continues to take shape. Historically, student-athletes have generally been unable to monetize their athletic careers until post-college due to NCAA amateurism rules, but with state laws limiting…more

College Athletes, Estate Planning, Intellectual Property Protection, Name and Likeness, NCAA

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Kenneth Jenero

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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Megan Mocho

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain…more

Compliance, Controlled Unclassified Information (CUI), Cyber Crimes, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Adolfo Jimenez

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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Angela Jimenez

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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Daniel Jimenez

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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Kristen Jimenez

FinCEN Reference Guide Clarifies Beneficial Ownership Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on July 26, 2024, issued a notice containing a reference guide for customers of financial institutions (the Reference Guide). The Reference…more

Beneficial Owner, Compliance, Compliance Dates, Corporate Transparency Act, Customer Due Diligence (CDD)

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Matt Joe

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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Kate Joffe

Federal Court Ruling Increases Trial Court Ability to View Documents on Motion to Dismiss

A panel from the U.S. Court of Appeals for the Eleventh Circuit that covers the states of Florida, Georgia and Alabama issued a decision on July 12, 2024, that clarified what a trial court can rely on in deciding a motion to…more

Appellate Courts, Evidence, Excessive Force, Incorporation by Reference, Judgment on the Pleadings

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Scott Johnston

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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Robert Jones

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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Sakinah Jones

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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Kayla Joyce

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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Robert Kaler

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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Mark Kalpin

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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Shaina Kamen

Not So Cryptic: IRS Increases Oversight on Cryptocurrency Income Tax Reporting Requirements

Cryptocurrency has revolutionized the financial markets but also created tax traps for the unwary investor. Building on proposed regulations issued last year, the IRS recently increased its oversight of cryptocurrency…more

Charitable Donations, Cryptocurrency, Digital Assets, Fair Market Value, FBAR

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Sydney Kanjuparamban

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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Daniel Kappes

California Law Bans Hidden Fees for Goods and Services Starting July 1, 2024

California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate "drip…more

Advertising, Civil Code, Consumers Legal Remedies Act, Corporate Counsel, False Advertising

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Aron Karabel

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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Dimitrios Karakitsos

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Bill Katz

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District Court…more

Acquisitions, Antitrust Division, Antitrust Litigation, Appeals, Federal Trade Commission (FTC)

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Nora Katz

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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Lawrence Kemm

IRS Authority to Assess Certain Foreign Information Return Penalties Restored by D.C. Circuit

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on May 3, 2024, reversed the U.S. Tax Court (USTC) in Alon Farhy v. Commissioner, No. 23-1179 (D.C. Cir. May 3, 2024) by holding that foreign-related…more

Administrative Procedure, Appeals, Enforcement Authority, Foreign Corporations, Foreign Tax

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John Kern

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them…more

Covered Entities, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance

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Allison Kernisky

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing? (Update)

This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp…more

Board of Directors, Chief Information Security Officer (CISO), Corporate Governance, Cyber Attacks, Cybersecurity

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Hannah Ketring Brown

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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Paul Kiernan

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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Paul Kilmer

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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Lisa Kim

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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Raymond Kim

Explaining the Model Minority Myth

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have…more

Business Development, Firm Leadership, Marketing Perspectives, Professional Development, Thought Leadership

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Eric Kimball

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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Tom Kinasz

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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Brandon King

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

The SEC continues to expand its cybersecurity enforcement authority to include allegations that a company's failure to monitor its managed security service providers (MSSP) amounts to violations of federal securities laws…more

Accounting Controls, Chief Information Security Officer (CISO), Corporate Governance, Cybersecurity, Data Breach

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Jessica Kirk

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Matt Kirk

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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Andrew Klair

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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Ronald Klein

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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Morgan Kleoppel

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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Sophie Kletzien

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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Jason Klitenic

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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Sara Klock

FDA Rejects Application for Psychedelic Drug

The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos…more

Abbreviated New Drug Application (ANDA), Advisory Committee, Clinical Trials, Food and Drug Administration (FDA), Pharmaceutical Industry

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Gary Klubok

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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Ryan Kocse

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising…more

Antitrust Division, Antitrust Litigation, Data Privacy, Data Protection, Department of Justice (DOJ)

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Jordan Koenig

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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Gregory Koger

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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Lisa Kohring

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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Victoria Koob

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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Edward Koren

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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Jeffrey Korenblatt

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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Jonathan Korman

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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Judith Kreitzer

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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Andy Kriha

Non-Delegation Doctrine, FTC's Non-Compete Rule and Green Guides ... Oh My!

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Halley Townsend explore the topic of the non-delegation doctrine, specifically in…more

Energy Projects, Environmental Policies, Federal Trade Commission (FTC), Non-Compete Agreements, Non-Delegation Doctrine

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Alan Samuel Krischer

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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Joshua Krumholz

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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David Kully

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising…more

Antitrust Division, Antitrust Litigation, Data Privacy, Data Protection, Department of Justice (DOJ)

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Robert Labate

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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Jennifer Lada

When Social Media Posts Become Workplace Harassment

The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares harassing…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Susan Lafferty

State Low Carbon Fuel Standard Outlook

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into state low carbon fuel standards, with a detailed look at…more

Climate Change, Energy Sector, Environmental Policies, Low Carbon Fuel Standard, Natural Resources

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Rafael Lafont Castillo

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Jared Lampson

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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Alejandro Landa Thierry

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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Chauncey Lane

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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Isabel Lane

IRS Releases Long-Awaited Section 45Q LCA Procedures

The IRS on July 24, 2024, released Notice 2024-60, which provides Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life…more

Administrative Review, Carbon Capture and Sequestration, Clean Air Act, Department of Energy (DOE), Energy Sector

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Roger Lane

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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Paul Lannon

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Maite Laris

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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Marie Larsen

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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Laura Lashus

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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Jacob Lawler

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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Ashley Lawrence

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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Tyler Layne

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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Ryan Michael Leaderman

"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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Richard Lear

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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Steven Lear

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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Brian Leary

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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Nathan Leavitt

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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Bill LeBeau

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Octavio Lecona

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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H. Harold Lee

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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Jennifer Lee

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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Regina Legorreta

Energy Regulatory Commission in Mexico Publishes Storage DACGs in CONAMER

The Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) in Mexico, on May 6, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or…more

Electricity, Energy Sector, Energy Storage, Power Plants, Regulatory Authority

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Kathryn Hazeem Lehman

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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Allison Lehn

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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Misha Lehrer

Holland & Knight Defense Situation Report: May 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, Congressional Committees, Defense Production Act, Defense Sector, Department of Defense (DOD)

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Nicholas Liebham

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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Mark Lennon

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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Elizabeth Leoty Craddock

Election Roundup: How a Trump Administration Could Shape the Oil and Gas Landscape

In this special Eyes on Washington mini-series, energy attorneys Elizabeth Craddock and Jim Noe provide insights on the potential trajectory of a second Trump Administration in relation to oil and gas policies. Ms. Craddock and…more

Energy Policy, Energy Sector, Environmental Policies, Legislative Agendas, Oil & Gas

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Olufunke Leroy

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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William Levay

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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Joshua Levenson

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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Daniel Levisohn

Private Fund Advisers, Breathe Easier: Fifth Circuit Vacates Private Fund Rules

The New Orleans-based U.S. Court of Appeals for the Fifth Circuit (Court), on June 5, 2024, vacated the new private fund rules (Private Fund Rules) adopted by the SEC in August 2023, resulting in a significant victory for…more

Dodd-Frank, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Funds

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Shari Levitan

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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Alex Lewis

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Janna Lhota

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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Emily Martinez Lieban

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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Nora Liggett

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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Herman Lipkis

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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David Lisko

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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Camila Lopez

Guidelines on the Processing of Personal Data Through Artificial Intelligence (AI) in Colombia

The Superintendence of Industry and Commerce (SIC) of Colombia issued External Circular No. 2 of 2024, establishing guidelines regarding personal data processed through artificial intelligence (AI) systems…more

Artificial Intelligence, Colombia, New Guidance, Personal Data

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Vanessa Lopez

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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Laura Lopez Nickerson

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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Robert Lorndale

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

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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Greg Louer

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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Sam Louis

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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Kenneth Lowenstein

New Programs Designed to Assist Production of Housing in New York City

The adopted 2024-2025 budget for New York state includes the enactment of two programs intended to assist the production of housing in New York City: the Affordable Neighborhoods for New Yorkers Program (ANNYP) to replace the…more

Affordable Housing, Commercial Property Owners, Commercial Real Estate Market, Conversion Requirements, Housing Developers

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Aimee Lubin

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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Allison Lucier

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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Colin Luke

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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Zachary Lundgren

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Allison Luzwick

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes. Establishing…more

Controlled Substances Act, Criminal Prosecution, Expert Witness, Federal Rules of Evidence, Healthcare Fraud

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Alexander Lycoyannis

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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Nate Lykins

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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Robert MacKichan Jr.

The Davis-Bacon Act as Applied to GSA Leasing

The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government…more

Commercial Leases, Construction Industry, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

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Chelsea MacLean

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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Katelyn Madar

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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Lauren Maddox

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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Vanessa Madrid

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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Jessica Magee

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing? (Update)

This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp…more

Board of Directors, Chief Information Security Officer (CISO), Corporate Governance, Cyber Attacks, Cybersecurity

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Elliot Magruder

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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Ieuan Mahony

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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J. Allen Maines

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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Nadya Makenko

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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Alba Stella Malagón

“Monsters, Inc.” y el buen gobierno corporativo

El socio Edwin Cortés conversa con Alba Malagón, socia del área corporativa, sobre el gobierno corporativo en este episodio del podcast "A Lo Legal En Par Minutos". Su análisis aborda una escena de la película "Monsters, Inc."…more

Board of Directors, Corporate Governance, Corporate Officers, Publicly-Traded Companies, Shareholders

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Eve Maldonado O'Toole

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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David Mann

Construction Industry Update: EPA's New Label Program for Construction Material

The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention released the Implementation Approach for the U.S. EPA Label Program for Low Embodied Carbon Construction Materials on Aug. 7,…more

Biden Administration, Construction Industry, Environmental Protection Agency (EPA), Executive Orders, Federal Contractors

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Jennifer Mansfield

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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Michael Manthei

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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Claro Manuel Cotes

Colombia ANH publicó proyecto para la operación y administración de áreas con activos productivos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia publicó para comentarios el proyecto de acuerdo a través del cual se reglamentaría la selección y contratación para llevar a cabo la operación y administración de áreas con…more

Colombia, Energy Exploration, Energy Projects, Energy Sector, Exploration and Production Assets

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Ji Mao

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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Bryan Marcelino

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Jacob Marco

FinCEN Issues Final Rule on AML/CFT Requirements for Investment Adviser Sector

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Aug. 28, 2024, issued a final rule to help safeguard the investment adviser sector from illicit finance activity (Final Rule). The Final Rule…more

AML/CFT, Bank Secrecy Act, Biden Administration, Compliance, Customer Due Diligence (CDD)

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Jonathan Marcus

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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Marisa Marinelli

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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David Marks

New Bill Would Empower California AG to Curtail Healthcare Private Equity Transactions

Earlier this year, California Assembly Speaker Pro Tempore Jim Wood and Attorney General (AG) Rob Bonta sponsored and introduced California Assembly Bill (AB) 3129, which would subject a large swath of healthcare transactions…more

Acquisitions, Change in Control, Corporate Practice of Medicine, Covered Transactions, Dentists

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Sarah Marks

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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Jonathan Marmo

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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Rachel Marmor

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising…more

Antitrust Division, Antitrust Litigation, Data Privacy, Data Protection, Department of Justice (DOJ)

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Nicole Maron

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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Michael Maroney

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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Christopher Fiore Marotta

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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Shannon Maroutian

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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Jose Manuel Marquez

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Ines Marrero-Priegues

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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June Marshall

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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Nic Martell

Unpacking FERC's Transmission Planning and Permitting Final Rules

In episode 3 of "An Energized Exchange," Senior Policy Advisor Elizabeth Noll and Energy attorney Nic Martell unpack the Federal Energy Regulatory Commission's (FERC) transmission planning and permitting final rules. Order No…more

Electricity, Energy Sector, FERC, Final Rules, Transmission Planning

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Summer Martin

HHS Announces Updates to Policies on Research Misconduct

The 2024 Public Health Service (PHS) Policies on Research Misconduct involving PHS-funded research were released by the U.S. Department of Health and Human Services (HHS) through the Office of Research Integrity (ORI) on Sept…more

Academic Misconduct, Department of Health and Human Services (HHS), Educational Institutions, Effective Date, Federal Funding

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Barbara Martinez

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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Bob Martinez

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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Maria Natalia Suárez Martínez

Colombia ANH publicó proyecto para la operación y administración de áreas con activos productivos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia publicó para comentarios el proyecto de acuerdo a través del cual se reglamentaría la selección y contratación para llevar a cabo la operación y administración de áreas con…more

Colombia, Energy Exploration, Energy Projects, Energy Sector, Exploration and Production Assets

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Uriel Martinez

Import duties of 544 HTS codes are temporarily modified in Mexico

The "Decree amending the Tariff of the Law on General Import and Export Taxes" was published on April 22, 2024, by Mexico’s Ministry of Economy in the Official Gazette of the Federation. The following points from this decree…more

Duties, Exports, Imports, Mexico, Supply Chain

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Mark Masutani

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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David Matuszewski

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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Todd Mauldin

EEOC Issues New Enforcement Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of its new enforcement guidance on workplace harassment on April 29, 2024. The new guidance includes updates aimed at addressing workplace…more

Bostock v Clayton County Georgia, Civil Rights Act, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC), Gender Identity

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D. Bruce May

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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Juan Mayol Jr.

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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John McAdams

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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Tom McAleavey

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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Andrew McAllister

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other agencies…more

Anti-Dumping Duty, Biden Administration, CAFTA-DR, Certification Requirements, Consumer Product Safety Commission (CPSC)

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Meghan McCaig

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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Allison McCarthy

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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Chelsea Ashbrook McCarthy

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and…more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Elissa McClure

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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C Grant McCorkhill

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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Elle McCulty

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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Taite McDonald

Fiscal Year 2025 Department of Energy Funding: House vs. Senate Markups

The Subcommittees on Energy and Water Development (EWD) for both chambers of Congress have released proposed bills for funding the U.S. Department of Energy (DOE) in fiscal year (FY) 2025. As seen consistently from the 118th…more

Appropriations Bill, Biden Administration, Congressional Committees, Energy Policy, Federal Budget

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Dane McKaughan

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

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Miriam McKendall

Implementation of 2024 Title IX Regulations: What You Need to Know Today

Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide. (See…more

Department of Education, Educational Institutions, Injunctive Relief, Students, Title IX

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Mia McKown

Recent Developments in Florida Energy and Environmental Legislation

In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in…more

Constitutional Amendment, Florida, Legislative Agendas, State and Local Government, State Constitutions

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Brent McIlwain

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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David McNamara

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Mary McNulty

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Emily McWey

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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Gregory Meeder

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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James Meggesto

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Mark Melodia

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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Andrew Melsheimer

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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Mark Melton

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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George Mencio

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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Margot Mendelson Hammond

Federal Real Estate in a Turbulent Market, Part II

This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease…more

Assignments, Commercial Leases, Commercial Property Owners, Deed-in-Lieu of Foreclosure, Deeds

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Katharine Menendez de la Cuesta

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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Maria Alejandra Mercado

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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Rebecca Martin

HHS Announces Updates to Policies on Research Misconduct

The 2024 Public Health Service (PHS) Policies on Research Misconduct involving PHS-funded research were released by the U.S. Department of Health and Human Services (HHS) through the Office of Research Integrity (ORI) on Sept…more

Academic Misconduct, Department of Health and Human Services (HHS), Educational Institutions, Effective Date, Federal Funding

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Anne Mette-Anderson

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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Lee Meyercord

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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David Mignardi

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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Landon Mignardi

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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Nicholas Milano

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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Mike Miller

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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Kate Minnich

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Derrick Mitchell

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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Jeffrey Mittleman

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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Victor Moldovan

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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John Monaghan

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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Taylor Monnig

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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Paul Monsour

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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Heather Montoya

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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Milton Montoya

En Colombia disponen alivios a los aspectos comerciales del suministro de GNL

La Comisión de Regulación de Energía y Gas (CREG) de Colombia publicó el 22 de agosto de 2024, la Resolución 102 009 de 2024 por medio de la cual se adoptaron medidas de carácter definitivo para otorgar alivios a los aspectos…more

Energy Sector, Natural Gas, New Regulations, Oil & Gas, Regulatory Oversight

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Danielle Moore

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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Letitia Moore

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid…more

CERCLA, Compliance, Discharge of Pollutants, Drinking Water, Due Diligence

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Humberto Morales

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Eamonn Moran

CFPB Keeps to Its Word by Issuing Additional Buy Now, Pay Later Guidance

purred by increased online and mobile app shopping during the COVID-19 pandemic, the Buy Now, Pay Later (BNPL) market has experienced higher growth and popularity as an innovative consumer finance offering, particularly for the…more

Buy Now Pay Later (BNPL), Chevron Deference, Compliance, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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John Moran

Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible…more

Abstract Ideas, Apple, Cameras, Claim Construction, Patents

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Henry Moreno

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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Jaime Israel Moreno

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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Francesca Morris

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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Barton Morrison

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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Gerald Morrissey III

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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Anita Mosner

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Anthony Mulrain

Private Equity's Time on the Bench Is Over: NFL Owners Allow Private Equity Fund Investments

Private equity funds have been patiently waiting on the sidelines for their chance to invest in the NFL, and they have finally been called off the bench to show what they can do. Every NFL team owner except for one has voted to…more

Franchises, Investment Opportunities, Investors, NFL, Private Equity

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Weston Mumme

EEOC Issues New Enforcement Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of its new enforcement guidance on workplace harassment on April 29, 2024. The new guidance includes updates aimed at addressing workplace…more

Bostock v Clayton County Georgia, Civil Rights Act, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC), Gender Identity

See all updates »

Neely Munnerlyn

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security…more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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William

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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Christopher Murphy

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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Brian Murray

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)

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Sean Muzquiz

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Lance Myers

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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Hannah Myslik Maloney

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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Charles Naftalin

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Christian Nagel

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts or…more

Certification Requirements, Federal Contractors, Filing Deadlines, NDAA, Prime Contractor

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Andrew Namkung

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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Stuart Nash

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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Bryan Neal

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Jesse Neil

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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Evan Nelson

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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Phillip Nelson

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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Stacie Polashuk Nelson

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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Judy Nemsick

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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Daniel Neustadt

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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Michael Brill Newman

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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Kathleen Nicholas

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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Tracy Nichols

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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Mary Kate Nicholson

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Jimena Nieto

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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John Nix

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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Jim Noe

Election Roundup: How a Trump Administration Could Shape the Oil and Gas Landscape

In this special Eyes on Washington mini-series, energy attorneys Elizabeth Craddock and Jim Noe provide insights on the potential trajectory of a second Trump Administration in relation to oil and gas policies. Ms. Craddock and…more

Energy Policy, Energy Sector, Environmental Policies, Legislative Agendas, Oil & Gas

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Christopher Nolan

Foreign-Flagged Vessels Beware

Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the…more

Causation, Foreign Ownership, Liability, Maritime Transport, Negligence

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Jeffrey Nolan

Implementation of 2024 Title IX Regulations: What You Need to Know Today

Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide. (See…more

Department of Education, Educational Institutions, Injunctive Relief, Students, Title IX

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Elizabeth Noll

Fiscal Year 2025 Department of Energy Funding: House vs. Senate Markups

The Subcommittees on Energy and Water Development (EWD) for both chambers of Congress have released proposed bills for funding the U.S. Department of Energy (DOE) in fiscal year (FY) 2025. As seen consistently from the 118th…more

Appropriations Bill, Biden Administration, Congressional Committees, Energy Policy, Federal Budget

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Santiago Noriega

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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Daniel Noste

FinCEN Issues Final Rule on AML/CFT Requirements for Investment Adviser Sector

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Aug. 28, 2024, issued a final rule to help safeguard the investment adviser sector from illicit finance activity (Final Rule). The Final Rule…more

AML/CFT, Bank Secrecy Act, Biden Administration, Compliance, Customer Due Diligence (CDD)

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Carolina Nuche

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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Amy O'Brien

D.C.'s DOEE Publishes Long-Awaited Proposed Revisions to District Flood Hazard Rules

The D.C. Department of Energy and Environment (DOEE) on July 19, 2024, published a proposed rulemaking (Proposed Rule) to adopt amendments to the District's Flood Hazard Rules (Rules) contained in Chapter 31, Title 20 of the…more

Comment Period, Construction Project, Department of Energy and Environmental Protection, FEMA, Flood Management

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Joe O'Brien

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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Marina Veljanovska O'Brien

Podcast - Change Condition Packages: Tips for Cleared Contractors

In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and…more

Department of Defense (DOD), Federal Contractors, National Security, Regulatory Standards, Risk Management

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Molly O'Casey

Understanding FOCI Mitigation

The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney Andrew…more

Defense Sector, Federal Contractors, FOCI, Foreign Investment, Foreign Ownership

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Scott O'Connell

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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Olivia O'Dwyer

Massachusetts Enacts Pay-Transparency Requirements for Employers

Massachusetts Gov. Maura Healey on July 31, 2024, signed into law An Act Relative to Salary Range Transparency (the Act), which will implement pay-transparency requirements in Massachusetts. The Act will take effect on July 31,…more

Best Practices, Compensation, Disclosure Requirements, Equal Employment Opportunity Commission (EEOC), Job Ads

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Courtney Oakes

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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Kathryn Oberto

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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Manuel Ocampo

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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Carlos Ochoa

Mexico Prepares to Vote on Amendment to Streamline and Dissolve Government Agencies

The Constitutional Law Committee (Comisión de Puntos Constitucionales de la Cámara de Diputados or CPC) of Mexico's House of Representatives (Cámara de Diputados), on July 25, 2024, published a schedule to analyze and approve…more

Administrative Agencies, Antitrust Division, Constitutional Amendment, Energy Sector, Mexico

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Joshua Odintz

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Alexander Olama

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Ronald Oleynik

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other agencies…more

Anti-Dumping Duty, Biden Administration, CAFTA-DR, Certification Requirements, Consumer Product Safety Commission (CPSC)

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Jackson Oliver

Tax Court: IRS Must Adhere to BBA Regulations' Plain Language

The U.S. Tax Court recently held in SN Worthington Holdings LLC v. Commissioner, 162 T.C. No. 10 (2024), that the petitioning partnership had properly elected into the Bipartisan Budget Act of 2015 (BBA) procedures for the year…more

Audits, Bipartisan Budget Act, Corporate Taxes, Default, IRS

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John Oliver

Ivy City: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has worked with Ivy City residents, community stakeholders and Washington, D.C., government agencies to develop the Ivy City Small Area Plan (ICSAP). Ivy City is a historically Black neighborhood…more

Affordable Housing, Mixed-Use Zoning, Municipalities, Public Comment, Real Estate Development

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Juan Felipe Fontecha Mejía

Banco de la República analiza beneficios y riesgos de emitir una moneda digital en Colombia

Con una visión estratégica sobre el futuro del sistema financiero colombiano, el Banco de la República ha publicado un análisis exhaustivo de los beneficios y riesgos asociados a la emisión de una moneda digital de banco central…more

Banking Sector, Colombia, Cryptocurrency, Digital Currency, Financial Institutions

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Kristine Orozco-Little

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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Catalina Mandujuano

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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Miguel Rosas Ortiz

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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Adrián Ortiz de Elguea

Energy Regulatory Commission Publishes DACGs on Electromobility in Mexico

Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Sept. 10, 2024, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the "Agreement No. A/108/2024 by…more

Charging Stations, Electric Generation Suppliers, Electric Vehicles, Electricity, Energy Reform

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Marcelo Ovejero

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot…more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Kevin Packman

FinCEN Issues Additional Helpful Guidance on How to Report a Dissolution of a Company

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Sept. 10, 2024, issued four FAQs to update and clarify how reporting should be undertaken for reporting companies that are dissolved prior to…more

Beneficial Owner, Compliance, Corporate Dissolution, Corporate Transparency Act, FinCEN

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Kristin Padgett

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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James Paine

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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Estefanny Pardo

Gobierno expide decreto para la implementación de los distritos mineros especiales en Colombia

Recientemente, el Ministerio de Minas y Energía expidió el Decreto 977 de 2024, por medio del cual regula los distritos mineros especiales y el Artículo 231 de la Ley 2294 de 2023 del Plan Nacional de Desarrollo (PND) 2022-2026…more

Energy Sector, Mining, Mining Contracts, Sustainability

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Gustavo Pardo

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Josafat Paredes

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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Sarah Parker

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

See all updates »

Barbra Parlin

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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Kenneth Parsons

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

See all updates »

Sarah Korapaty

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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Adam Paterno

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Daniel Patten

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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Melissa Pereira

FinCEN Issues Additional Helpful Guidance on How to Report a Dissolution of a Company

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Sept. 10, 2024, issued four FAQs to update and clarify how reporting should be undertaken for reporting companies that are dissolved prior to…more

Beneficial Owner, Compliance, Corporate Dissolution, Corporate Transparency Act, FinCEN

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Monica Perkowski

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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Ronald Perlman

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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Ed Perlmutter

Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?

In this episode of "The Eyes on Washington Podcast," Public Policy & Regulation attorneys Michael Werner, Sara Klock, Joshua Odintz and Ed Perlmutter discuss the proposed rule by the U.S. Drug Enforcement Administration (DEA) to…more

Controlled Substances, Controlled Substances Act, DEA, Marijuana, Schedule I Drugs

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Mark Peters

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is…more

Biden Administration, Chamber of Commerce, Contract Terms, Employer Liability Issues, Employment Contract

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Rafe Petersen

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Ryan Phelps

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Ashley Phillips

$850 Million Now Available for Methane Emission Reduction Efforts: Applications Due Aug. 26

The U.S. Environmental Protection Agency (EPA) and U.S. Department of Energy (DOE) on June 21, 2024, released a $850 million Funding Opportunity Announcement (FOA) to reduce methane emissions from oil and natural gas production…more

Department of Energy (DOE), Energy Projects, Energy Sector, Environmental Protection Agency (EPA), Funding

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Dianne Phillips

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing…more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Rich Phillips

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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Nicholas Pierre-Paul

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's five…more

Advertising, Celebrity Endorsements, Consumer Product Companies, Endorsements, Fake Reviews

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Tanisha Pinkins

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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Maria Fernanda Pinzon

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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Elizabeth Pitman

HHS Is Primed to Enforce Information Blocking Conduct

The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for healthcare…more

21st Century Cures Act, ACOs, Centers for Medicare & Medicaid Services (CMS), Data Blocking, Department of Health and Human Services (HHS)

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James Pittman

FY 2025 Budget Support Act Funds New Tax Abatement in Central Washington, D.C.

The Council of the District of Columbia held its second vote on the fiscal year (FY) 2025 Budget Support Act (BSA), which was unanimously approved on June 25, 2024. As part of the amended text, the Council funded the Central…more

Budgets, Commercial Property Owners, Conversion, Conversion Requirements, Residential Property Owners

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Karla Pizarro

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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Rebecca Plasencia

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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Brian Platton

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient…more

Business Associates, Data Privacy, Data Security, Data Selling, De-Identification

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Tamsen Plume

"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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Lauren Polk

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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Leslie Pollner

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the…more

Appropriation, Biden Administration, Federal Acquisition Regulations (FAR), Federal Budget, Federal Funding

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Scott Ponce

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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Alexa Póo

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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Vlad Popik

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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Javan Porter

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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James Harold Power

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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Gerardo Prado Hernandez

Energy Regulatory Commission Publishes DACGs on Electromobility in Mexico

Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Sept. 10, 2024, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the "Agreement No. A/108/2024 by…more

Charging Stations, Electric Generation Suppliers, Electric Vehicles, Electricity, Energy Reform

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Kayla Leland Pragid

Florida’s Equine Landscape

In this episode of our "Florida Capital Conversations" podcast series, Equine Industry Team Leader Kayla Pragid and Public Affairs Advisor Tori Deal delve into the diverse aspects of Florida's equine industry. Ms. Pragid shares…more

Agricultural Sector, Farms, Legislative Agendas, State and Local Government, State Legislatures

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Lauren Caverly Pratt

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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Douglas Praw

What to Consider When Buying Real Estate Promissory Notes

Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for…more

Chain of Title, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Creditors

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David Preiss

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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Joshua Prever

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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Sean Pribyl

White House, U.S. Coast Guard Seek to Address Maritime Cyber Espionage and Cybersecurity Risks

Topic Links Maritime trade is essential to America's economic viability and national security interests. The U.S. Marine Transportation System (MTS) – comprising an intricate system of ports, terminals, vessels, waterways and…more

Biden Administration, Coast Guard, Cyber Espionage, Cybersecurity, Department of Homeland Security (DHS)

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John Pritchard

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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Rachel Provencher

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Alec Puig

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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Roberto Pupo

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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Wendy Qiu

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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Norberto Quintana

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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Romeo Quinto

Algorithmic Price-Fixing Claims Terminated

A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software program…more

Algorithms, Amended Complaints, Confidential Information, Dismissal With Prejudice, Dismissals

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Kenneth Racowski

DOJ Introduces New Twist in Algorithmic Collusion Cases

It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of…more

Algorithms, Anti-Competitive, Antitrust Division, Antitrust Litigation, Antitrust Violations

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Steven Raffaele

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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Jessica Ragosta Early

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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Krithika Rajkumar

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District Court…more

Acquisitions, Antitrust Division, Antitrust Litigation, Appeals, Federal Trade Commission (FTC)

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Meg Raker

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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Turenna Ramirez

Import duties of 544 HTS codes are temporarily modified in Mexico

The "Decree amending the Tariff of the Law on General Import and Export Taxes" was published on April 22, 2024, by Mexico’s Ministry of Economy in the Official Gazette of the Federation. The following points from this decree…more

Duties, Exports, Imports, Mexico, Supply Chain

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J. Keith Ramsey

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state…more

Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts

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Jennifer Rangel

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the Texas…more

Advertising, Artificial Intelligence, Corporate Counsel, Disclosure Requirements, Government Investigations

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Harshita Rathore

Proposed Bill Aims to Resolve CDPAP Controversies and Address Critical Concerns in New York

A new bill was introduced in the New York State Senate last week in an attempt to address recent changes made to the Consumer Directed Personal Assistance Program (CDPAP), which effective April 1, 2025, will allow only a single…more

Applications, Compliance, Intermediaries, Medicaid, Personal Assistance Services (PAS)

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Eric Ray

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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Timothy Ray

Juneteenth

Holland & Knight stands in recognition of Juneteenth, the oldest nationwide observance of the emancipation of enslaved persons in the United States. This day serves as a tribute to the liberty, culture and accomplishments of…more

Diversity, Diversity and Inclusion Standards (D&I), Race Relations

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Colbey Reagan

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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Patrick Reagin

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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Alexis Reeves Alonzo

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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Blaine Remmick

Private Equity's Time on the Bench Is Over: NFL Owners Allow Private Equity Fund Investments

Private equity funds have been patiently waiting on the sidelines for their chance to invest in the NFL, and they have finally been called off the bench to show what they can do. Every NFL team owner except for one has voted to…more

Franchises, Investment Opportunities, Investors, NFL, Private Equity

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María Paulina Rendón

Expedición y certificación del CCITE en Colombia debe ser realizada electrónicamente

La Subdirección de Control y Fiscalización de Sustancias Químicas y Estupefacientes del Ministerio de Justicia y del Derecho de Colombia publicó recientemente una circular por medio de la cual informan a los usuarios que, a…more

Certifications, Colombia, Controlled Substances, Drug Trafficking, Ministry of Justice

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Jose Rengifo

Proceso constituyente en Colombia Parte II

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés continúa su conversación con José Rengifo, abogado de derecho constitucional, retomando el tema del proceso constitucional en Colombia. Discuten la…more

Administrative Procedure, Colombia, Constitutional Challenges, Constitutional Courts, Legislative Agendas

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Laura Renstrom

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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Thomas Reynolds

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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Magda Karina Reza

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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Kristen Ricci

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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Jameson Rice

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final…more

Chemical Spills, Chemicals, Clean Air Act, Department of Transportation (DOT), Environmental Protection Agency (EPA)

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Trisha Rich

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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Robert Ricketts

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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John Riley

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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William Ringhofer

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party sellers –…more

Amazon, Amazon Marketplace, Consumer Product Companies, Consumer Product Safety Commission (CPSC), Distributors

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Lara Rios

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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Juan Camilo Riveira

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Christopher Rizek

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Arianna Robbins

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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Joel Roberson

Update on U.S. Counter-UAS Authorities and Efforts to Address Threats from Drone Operations

The military conflicts in Ukraine and Israel have highlighted the role that small unmanned aircraft systems (sUAS) might play in future conflicts. The Federal Aviation Administration (FAA) Reauthorization Act of 2024 (the Act)…more

Aircraft, Airports, Airspace, Department of Homeland Security (DHS), Drones

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Josh Roberts

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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Ariel Robinson

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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David Robinson

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should…more

Breach of Contract, Business Torts, Commercial Contracts, Contract Drafting, Contract Negotiations

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Tiffany Roddenberry

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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Elvira Rodriguez

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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Chelsea Rogas

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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Danilo Romero Raad

Guidelines on the Processing of Personal Data Through Artificial Intelligence (AI) in Colombia

The Superintendence of Industry and Commerce (SIC) of Colombia issued External Circular No. 2 of 2024, establishing guidelines regarding personal data processed through artificial intelligence (AI) systems…more

Artificial Intelligence, Colombia, New Guidance, Personal Data

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Richard Roper

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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Arthur Rosenberg

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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Ira Rosner

CTA Heats Up with New FAQs, Government and Amicus Briefs and New Draft Legislation

The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of the…more

Beneficial Owner, Constitutional Challenges, Corporate Counsel, Corporate Entities, Corporate Governance

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Phil Rothschild

Federal Court Ruling Increases Trial Court Ability to View Documents on Motion to Dismiss

A panel from the U.S. Court of Appeals for the Eleventh Circuit that covers the states of Florida, Georgia and Alabama issued a decision on July 12, 2024, that clarified what a trial court can rely on in deciding a motion to…more

Appellate Courts, Evidence, Excessive Force, Incorporation by Reference, Judgment on the Pleadings

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Abbey Mansfield Ruby

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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Rodolfo Rueda

Energy Regulatory Commission Publishes DACGs on Electromobility in Mexico

Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Sept. 10, 2024, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the "Agreement No. A/108/2024 by…more

Charging Stations, Electric Generation Suppliers, Electric Vehicles, Electricity, Energy Reform

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Gabriel Ruiz

Mexico’s CRE Issues Modifying Agreement for Load Center Exclusion

Mexico's Federal Official Gazette (Diario Oficial de la Federación or DOF), on April 23, 2024, published the "Agreement Num. A/023/2024 issued by the energy regulatory commission by means of which agreement a/064/2017 is…more

Electric Generation Suppliers, Electricity, Energy Regulatory Commission, Energy Sector, Mexico

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Tim Ryan

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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Maria Juliana Saa

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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Travis Sabalewski

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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Chiara Kalogjera-Sackellares

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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Stuart Saft

Proposed New York City Legislation Could Negatively Impact the Hotel Industry

New York City's hotels are a critically important component of the city's tourism and business industries. However, on July 18, 2024, 26 members of the New York City Council introduced Int. 991-2024 (Int. 991) without meeting…more

Change in Control, Corporate Branding, Employer Mandates, Hotels, Licenses

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Jorge Sagarra

Maximize Your Legacy: Take Advantage of the High Estate and Gift Tax Exemption Sunset

As part of the Tax Cuts and Jobs Act (TCJA), the estate and gift tax exemption was doubled for tax years 2018-2025. In 2018, the exemption doubled from $5.49 million in 2017 to $11.18 million in 2018, and that amount has been…more

Estate Planning, Gift Tax, Gift-Tax Exemption, High Net-Worth, Income Taxes

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Caitlin Saladrigas

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising…more

Antitrust Division, Antitrust Litigation, Data Privacy, Data Protection, Department of Justice (DOJ)

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Mariana Salinas

Energy Regulatory Commission Publishes DACGs on Electromobility in Mexico

Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Sept. 10, 2024, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the "Agreement No. A/108/2024 by…more

Charging Stations, Electric Generation Suppliers, Electric Vehicles, Electricity, Energy Reform

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Keith Sambur

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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Alessandria San Roman

Alessandria San Roman Shares Her Cuban-American Journey and Its Influence on Her Legal Career

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, Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

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Francisco Sanchez

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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Jonathan Alexander Sanchez

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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Lee Sands

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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Annapoorni Sankaran

Reflecting on the Importance of Professional Mentors

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have…more

Career Development, Mentors, Professional Development, Young Lawyers

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David Santeusanio

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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John Saran

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality and…more

Acquisitions, Amended Regulation, Change in Control, Corporate Practice of Dentistry, Corporate Practice of Medicine

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Edward Sarnowski

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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Eric Scalzo

FTC Bans Non-Competes: Takeaways and Action Items for Healthcare Provider CEOs and Investors

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule has been summarized by our Holland & Knight colleagues. (See…more

CEOs, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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Tonya Scharf

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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Elizabeth Schartz

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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Michael Scheinberg

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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David Schneider

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

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

Building Permits, Dolan v City of Tigard, Essential Nexus, Fifth Amendment, George Sheetz v County of El Dorado

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Jacob Schneider

NIST Releases Three Post-Quantum Cryptography Standards

As discussed in a previous post, in 2022, the Quantum Computing Cybersecurity Preparedness Act ordered an examination of federal administrative agencies' data cryptography to prepare for a future where quantum computing is…more

Algorithms, Cryptography, Cybersecurity, Decryption, Digital Communications

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Gary Schoenbrun

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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Phillip Schreiber

When Social Media Posts Become Workplace Harassment

The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares harassing…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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David Schulte

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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Abigail Schultz

Collaboration Station: Director Grewal Touts Benefits and Efficiency of Cooperation

In recent remarks at the Securities Enforcement Forum West 2024, U.S. Securities and Exchange Commission (SEC) Director of the Division of Enforcement Gurbir Grewal extolled the benefits of and expounded on the elements of…more

Collaboration, Compliance, Cooperation, Remediation, Securities and Exchange Commission (SEC)

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Alan Schwartz

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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Christina Schwing

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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Shane Segarra

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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Orlando Segura Jr.

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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Martin Seidel

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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Lawrence Sellers

Recent Developments in Florida Energy and Environmental Legislation

In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in…more

Constitutional Amendment, Florida, Legislative Agendas, State and Local Government, State Constitutions

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Bradley Seltzer

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Patrick Selwood

USDA Announces Proposed Rule Under Salmonella Framework for Raw Poultry Products

The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products destined…more

Agricultural Sector, Biden Administration, Centers for Disease Control and Prevention (CDC), Comment Period, Farm Animals

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Christopher Senn

Update on U.S. Counter-UAS Authorities and Efforts to Address Threats from Drone Operations

The military conflicts in Ukraine and Israel have highlighted the role that small unmanned aircraft systems (sUAS) might play in future conflicts. The Federal Aviation Administration (FAA) Reauthorization Act of 2024 (the Act)…more

Aircraft, Airports, Airspace, Department of Homeland Security (DHS), Drones

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Daniel Sennott

Holland & Knight Defense Situation Report: May 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, Congressional Committees, Defense Production Act, Defense Sector, Department of Defense (DOD)

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Marissa Serafino

Senate Releases Bipartisan AI Roadmap

A group of four bipartisan senators known as the Bipartisan Senate Artificial Intelligence (AI) Working Group (Working Group) on May 15, 2024, released "Driving U.S. Innovation in Artificial Intelligence: A Roadmap for…more

Artificial Intelligence, Bipartisan Agreement, Department of Energy (DOE), Federal Funding, Infrastructure

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Rebecca Sereboff

Fiscal Year 2025 Department of Energy Funding: House vs. Senate Markups

The Subcommittees on Energy and Water Development (EWD) for both chambers of Congress have released proposed bills for funding the U.S. Department of Energy (DOE) in fiscal year (FY) 2025. As seen consistently from the 118th…more

Appropriations Bill, Biden Administration, Congressional Committees, Energy Policy, Federal Budget

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Diana Paola Serrano

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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Jeffrey Seul

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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Amish Shah

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Richard Sharman

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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William Sharp

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Roza Sheffield

The Davis-Bacon Act as Applied to GSA Leasing

The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government…more

Commercial Leases, Construction Industry, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

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William Shepherd

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was…more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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William Sherman

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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Charles Shewmake

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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Christine Shiker

Ivy City: Draft Small Area Plan Released for Public Comment

The Office of Planning (OP) has worked with Ivy City residents, community stakeholders and Washington, D.C., government agencies to develop the Ivy City Small Area Plan (ICSAP). Ivy City is a historically Black neighborhood…more

Affordable Housing, Mixed-Use Zoning, Municipalities, Public Comment, Real Estate Development

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Ashley Shively

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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Jennifer Sickler

Now Available for Publishers: Group Copyright Registration of Online News Content

For years, publishers have been without a cost-effective way to register the full content of news media websites. The U.S. Copyright Office recently addressed this need by creating a new "group" registration for online news…more

Copyright, Copyright Registration, Journalism, Media, News Stories

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Stosh Silivos

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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Dan Silverboard

HHS Announces Updates to Policies on Research Misconduct

The 2024 Public Health Service (PHS) Policies on Research Misconduct involving PHS-funded research were released by the U.S. Department of Health and Human Services (HHS) through the Office of Research Integrity (ORI) on Sept…more

Academic Misconduct, Department of Health and Human Services (HHS), Educational Institutions, Effective Date, Federal Funding

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Andrew Silvia

Massachusetts Enacts Pay-Transparency Requirements for Employers

Massachusetts Gov. Maura Healey on July 31, 2024, signed into law An Act Relative to Salary Range Transparency (the Act), which will implement pay-transparency requirements in Massachusetts. The Act will take effect on July 31,…more

Best Practices, Compensation, Disclosure Requirements, Equal Employment Opportunity Commission (EEOC), Job Ads

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Tara Singh Param

EEOC Delivers Final Rule Implementing the Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission's (EEOC) issued its much-awaited final rule implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The PWFA requires employers to provide pregnant workers or…more

Americans with Disabilities Act (ADA), Covered Employees, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Anthony Sirven

Religious Institutions Update: July 2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former…more

Anti-Discrimination Policies, Censorship, Coronavirus/COVID-19, Employment Litigation, Equal Protection

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Jose Sirven

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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Justin Michael Sizemore

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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Brooke Sizer

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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Samantha Skabelund

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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Briahnna Skinner

New FinCEN FAQ Guidance: Taxpayer ID Numbers, Disregarded Entities and Best Practices

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on July 24, 2024, issued two new FAQs providing guidance on 1) how to obtain a taxpayer identification number (TIN) in a manner to ensure timely…more

Beneficial Owner, Corporate Transparency Act, Disregarded Entities, Employer Identification Number (EIN), FinCEN

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Allison Skopec

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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Aaron Slavens

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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David Scott Sloan

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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Ben Slocum

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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Daniel Small

Podcast - The Basic Rules for Closing Argument

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines essential rules for lawyers during closing arguments. He speaks about the importance of not misstating evidence or…more

Closing Arguments, Cross Examination, Defense Strategies, Evidence, Jury Trial

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Brian Smith

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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Colin Smith

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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Richard Smith

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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David Sofge

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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Howard Sokol

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Miriam Soler Ramos

Local Governments in Florida Can No Longer Require Electric Vehicle Charging Stations

Florida Senate Bill 1084 (the Bill), which was passed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on May 1, took effect on July 1, 2024. The Bill addresses myriad issues, including the regulation of…more

Charging Stations, Electric Vehicles, Governor DeSantis, Infrastructure, Motor Vehicles

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Andrew Solinger

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them…more

Covered Entities, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance

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Carson Southard

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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Katherine Speece

Fiscal Year 2025 Department of Energy Funding: House vs. Senate Markups

The Subcommittees on Energy and Water Development (EWD) for both chambers of Congress have released proposed bills for funding the U.S. Department of Energy (DOE) in fiscal year (FY) 2025. As seen consistently from the 118th…more

Appropriations Bill, Biden Administration, Congressional Committees, Energy Policy, Federal Budget

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Michelle Sperling

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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Kathleen St. John

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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Sara Schretenthaler Staha

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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John Stansbury

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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Monte Starr

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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Andrew Starrels

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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Meital Stavinsky

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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Frank Stearns

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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Ilenna Stein

Massachusetts Board of Pharmacy to Take a Big Step: Licensing Nonresident Pharmacies

In a move that could reshape the regulatory landscape for pharmacies servicing Massachusetts residents, the Massachusetts Board of Pharmacy has announced that it will soon begin licensing nonresident pharmacies and requiring at…more

Compliance, Licensing Rules, Out-of-State Companies, Pharmacies, Pharmacist

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James Steinbauer

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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Richard Stephens

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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Tom Stephenson

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality and…more

Acquisitions, Amended Regulation, Change in Control, Corporate Practice of Dentistry, Corporate Practice of Medicine

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William Sterling

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements…more

Community Development, Construction Contracts, Construction Industry, Construction Project, General Contractors

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Jeremy Sternberg

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes. Establishing…more

Controlled Substances Act, Criminal Prosecution, Expert Witness, Federal Rules of Evidence, Healthcare Fraud

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David Stevens

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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Jon Steverson

Recent Developments in Florida Energy and Environmental Legislation

In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in…more

Constitutional Amendment, Florida, Legislative Agendas, State and Local Government, State Constitutions

See all updates »

Paul Stimers

NIST Releases Three Post-Quantum Cryptography Standards

As discussed in a previous post, in 2022, the Quantum Computing Cybersecurity Preparedness Act ordered an examination of federal administrative agencies' data cryptography to prepare for a future where quantum computing is…more

Algorithms, Cryptography, Cybersecurity, Decryption, Digital Communications

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Michael Stockham

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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Mark Stone

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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Samuel Stone

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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Daniel Strickland

Treasury, IRS Release Proposed Regulations Under Section 30C

The U.S. Department of the Treasury and IRS on Sept. 18, 2024, released proposed regulations under Section 30C of the Internal Revenue Code regarding the Alternative Fuel Vehicle Refueling Property Credit. The proposed…more

Alternative Fuels, Apprenticeships, Comment Period, Energy Projects, Inflation Reduction Act (IRA)

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Sonya Strnad

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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Don Stuart

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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Jose Suarez

Guidelines on the Processing of Personal Data Through Artificial Intelligence (AI) in Colombia

The Superintendence of Industry and Commerce (SIC) of Colombia issued External Circular No. 2 of 2024, establishing guidelines regarding personal data processed through artificial intelligence (AI) systems…more

Artificial Intelligence, Colombia, New Guidance, Personal Data

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Sean Sullivan

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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Ram Sunkara

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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Charnae Supplee

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security…more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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Marne Sussman

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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Douglas Sweeney

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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Daniel Sylvester

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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Peter Tabor

USDA Announces Proposed Rule Under Salmonella Framework for Raw Poultry Products

The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products destined…more

Agricultural Sector, Biden Administration, Centers for Disease Control and Prevention (CDC), Comment Period, Farm Animals

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Maddie Tansey

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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Nicholas William Targ

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid…more

CERCLA, Compliance, Discharge of Pollutants, Drinking Water, Due Diligence

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Timothy Taylor

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Gabriela Tellez

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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Jovi Tenev

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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Sean Tevel

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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Ashley Thomas

Podcast - Insights on the FTC's Approach to Digital Health Companies

In this episode of "Counsel That Cares," privacy and cybersecurity attorney Ashley Thomas discusses the Federal Trade Commission (FTC) and its more stringent approach toward digital health companies. She discusses the FTC's…more

Cybersecurity, Digital Health, Federal Trade Commission (FTC), Life Sciences, Proposed Rules

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Stacy Byrd Thomas

Private Fund Advisers, Breathe Easier: Fifth Circuit Vacates Private Fund Rules

The New Orleans-based U.S. Court of Appeals for the Fifth Circuit (Court), on June 5, 2024, vacated the new private fund rules (Private Fund Rules) adopted by the SEC in August 2023, resulting in a significant victory for…more

Dodd-Frank, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Funds

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Tyrone Thomas

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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Vivian Lee Thoreen

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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Michael Titens

FinCEN Reference Guide Clarifies Beneficial Ownership Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on July 26, 2024, issued a notice containing a reference guide for customers of financial institutions (the Reference Guide). The Reference…more

Beneficial Owner, Compliance, Compliance Dates, Corporate Transparency Act, Customer Due Diligence (CDD)

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Jasmine Tobias

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Robert Tompkins

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or…more

Acquisitions, Certification Requirements, Certifications, Comment Period, Federal Acquisition Regulations (FAR)

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Robert Tonn

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party sellers –…more

Amazon, Amazon Marketplace, Consumer Product Companies, Consumer Product Safety Commission (CPSC), Distributors

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John Toriello

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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Juan Carlos Torra

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about…more

Constitutional Amendment, Federal Labor Laws, Holiday Pay, Holidays, Mexico

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Halley Townsend

Commodity Futures Trading Commission Finalizes Voluntary Carbon Market Standards

The Commodity Futures Trading Commission (CFTC) on Sept. 20, 2024, finalized guidance (the Final Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC‑regulated exchanges. The CFTC previously…more

Carbon Pricing, CFTC, Commodities, Derivatives, Final Guidance

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Haylie Treas

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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Talis Trevino

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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Wells Trompeter

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare…more

Ambulatory Surgery Centers, Certificate of Need, Emergency Rooms, Health Care Providers, Healthcare Facilities

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Shawn Turner

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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Melissa Turra

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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Antonia Tzinova

Major Export Controls Revisions and the AUKUS Trilateral Security Partnership

The U.S. Department of Commerce and U.S. Department of State have been continuously easing restrictions on export-controlled trade between the United States, United Kingdom and Australia to foster technological innovation among…more

Amended Rules, Artificial Intelligence, Australia, CFIUS, Comment Period

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Guillermo Uribe Lara

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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Matthew Vafidis

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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Aymee Valdivia Granda

OFAC Amends Regulations to Support Cuban People, Independent Private-Sector Entrepreneurs

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR), 31 CFR Part 515, to promote internet freedom in Cuba, support independent Cuban private-sector…more

Amended Regulation, Bank Accounts, Banking Sector, Biden Administration, Blocked Person

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Juan Carlos Valencia Marquez

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Bradley Van Buren

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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Tara Vance

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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Chad Vanderhoef

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

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John Vaughan

FDA Warning Letter Marks Significant Shift in Enforcement of Laboratory Developed Tests

The U.S. Food and Drug Administration's (FDA) March 21, 2024, warning letter to Agena Bioscience Inc. (Agena), a genetic diagnostic test developer, generated a lot of immediate commentary among regulatory lawyers and…more

Centers for Medicare & Medicaid Services (CMS), CLIA, Department of Health and Human Services (HHS), Digital Health, Enforcement Priorities

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Woody Vaughan

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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Beth Vecchioli

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was…more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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Inés Elvira Vesga

Minería en tiempos de transición energética

En este episodio de nuestra serie "A Lo Legal Con Energía", Inés Elvira Vesga, socia del área de Energía y Recursos Naturales, conversa con Juan Camilo Nariño, presidente de la Asociación Colombiana de Minería. Juntos,…more

Colombia, Energy Projects, Energy Sector, Environmental Policies, Mineral Exploration

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Beth Evans Vessel

FTC Bans Non-Competes: Takeaways and Action Items for Healthcare Provider CEOs and Investors

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule has been summarized by our Holland & Knight colleagues. (See…more

CEOs, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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Emily Vest

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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Jose Luis Villareal

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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Beth Viola

IRS Releases Long-Awaited Section 45Q LCA Procedures

The IRS on July 24, 2024, released Notice 2024-60, which provides Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life…more

Administrative Review, Carbon Capture and Sequestration, Clean Air Act, Department of Energy (DOE), Energy Sector

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Jose Vivas

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,…more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Karen Walker

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

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Teresa Walker

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Christine Walz

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Stacey Wang

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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Alexandra Ward

Court Strikes Down Key Endangered Species Act Opinion

A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of Maryland…more

Administrative Agencies, Administrative Procedure, Administrative Procedure Act, BOEM, Endangered Species Act (ESA)

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Stephen Warren

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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Shalyn Watkins

FDA Warning Letter Marks Significant Shift in Enforcement of Laboratory Developed Tests

The U.S. Food and Drug Administration's (FDA) March 21, 2024, warning letter to Agena Bioscience Inc. (Agena), a genetic diagnostic test developer, generated a lot of immediate commentary among regulatory lawyers and…more

Centers for Medicare & Medicaid Services (CMS), CLIA, Department of Health and Human Services (HHS), Digital Health, Enforcement Priorities

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Shawna Francis Watley

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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Alan Watson

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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Nicole Osborne Watson

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies…more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

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Stacy Watson May

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

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Jennifer Weaver

Understanding Trends and Challenges in the Behavioral Health Sector

In this episode of "Counsel That Cares," healthcare litigation attorneys Sandra Heller and Jennifer Weaver discuss behavioral health sector trends, providing insights from the commercial and government perspectives. Ms. Heller…more

Health Care Providers, Healthcare Facilities, Mental Health, Physicians

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Loren Weil

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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William Weiner

FDA's Final Rule on Laboratory Developed Tests Comes with Controversy and Concerns

The U.S. Food and Drug Administration's (FDA) recent announcement of a final rule extending regulatory oversight to laboratory developed tests (LDTs) has sparked controversy. As discussed in a previous Holland & Knight alert,…more

American Hospital Association, CLIA, Clinical Laboratories, Exemptions, Federal Food Drug and Cosmetic Act (FFDCA)

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Andrew Weinstein

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

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Alan Weiss

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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Charles Weiss

Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both…more

Breach of Contract, Confidential Documents, Counterclaims, Local Rules, Misappropriation

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Charles Welch Tiedemann

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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Seth Welner

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

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Michael Werner

FDA Rejects Application for Psychedelic Drug

The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos…more

Abbreviated New Drug Application (ANDA), Advisory Committee, Clinical Trials, Food and Drug Administration (FDA), Pharmaceutical Industry

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John Wertz

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

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Brock Whalen

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies

See all updates »

Amelia White

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

See all updates »

Brandon White

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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David Whitestone

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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Keith Wiener

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

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Michael Wiener

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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Keiana Wilkerson

Religious Institutions Update: July 2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former…more

Anti-Discrimination Policies, Censorship, Coronavirus/COVID-19, Employment Litigation, Equal Protection

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Adrianna Williams

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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Gavin Williams

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)

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Eddie Williams III

HIPAA Breach Notice Can Be Delegated to Change Healthcare

After months of uncertainty and multiple letters from industry associations advocating on behalf of the healthcare industry with the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR), covered…more

Breach Notification Rule, Business Associates, Covered Entities, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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John Wesley Williamson

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare…more

Ambulatory Surgery Centers, Certificate of Need, Emergency Rooms, Health Care Providers, Healthcare Facilities

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Kwamina Thomas Williford

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Benjamin Wilson

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

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Chris Wilson

Tennessee Removes Alternative Measure for Franchise Tax, Creates Automatic Refund Period

Gov. Bill Lee recently signed into law Public Chapter 950, which creates significant changes in how Tennessee's franchise tax is calculated. Until now, the franchise tax has been calculated based on 1) a taxpayer's…more

Franchise Taxes, Governor Lee, Income Apportionment, Property Owners, State Taxes

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Richard Winter

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

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Jonathan Wolcott

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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Doug Wolford

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality and…more

Acquisitions, Amended Regulation, Change in Control, Corporate Practice of Dentistry, Corporate Practice of Medicine

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Melissa Wong

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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John Wood

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Thomas Woodrow

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

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Todd Wooten

Senate Releases Bipartisan AI Roadmap

A group of four bipartisan senators known as the Bipartisan Senate Artificial Intelligence (AI) Working Group (Working Group) on May 15, 2024, released "Driving U.S. Innovation in Artificial Intelligence: A Roadmap for…more

Artificial Intelligence, Bipartisan Agreement, Department of Energy (DOE), Federal Funding, Infrastructure

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Courtney Worcester

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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Todd Wozniak

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and…more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Barak Wrobel

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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Lynne Xerras

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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Genna Yarkin

"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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Catherine Yepes

FinCEN Issues Final Rule on AML/CFT Requirements for Investment Adviser Sector

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Aug. 28, 2024, issued a final rule to help safeguard the investment adviser sector from illicit finance activity (Final Rule). The Final Rule…more

AML/CFT, Bank Secrecy Act, Biden Administration, Compliance, Customer Due Diligence (CDD)

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Nili Yolin

Proposed Bill Aims to Resolve CDPAP Controversies and Address Critical Concerns in New York

A new bill was introduced in the New York State Senate last week in an attempt to address recent changes made to the Consumer Directed Personal Assistance Program (CDPAP), which effective April 1, 2025, will allow only a single…more

Applications, Compliance, Intermediaries, Medicaid, Personal Assistance Services (PAS)

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Scott Yoo

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

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Ken Yood

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality and…more

Acquisitions, Amended Regulation, Change in Control, Corporate Practice of Dentistry, Corporate Practice of Medicine

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G Michael Yopp

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital…more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Douglas Youngman

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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Mackenzie Zales

DOE Announces Award Negotiations Updates for Large Capital Projects

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

Administrative Procedure, Capital Improvements, Clean Energy, Climate Change, Community Development

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Jose Zapata

Formación en sostenibilidad y gestión de riesgos para el sector público y privado en Colombia

Mediante la Ley No. 2427 del 9 de septiembre de 2024, el Congreso de Colombia dispuso la necesidad de fortalecer la formación en sostenibilidad ambiental, cambio climático y gestión del riesgo de desastres en todos los niveles…more

Climate Change, Colombia, Disaster Preparedness, Public Employees, Public Officials

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Michael Zdeb

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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Victoria Zerjav

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security…more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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Hongjun Zhang Ph.D.

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

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Matthew Zimmerman

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

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