Troutman Pepper

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3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, Pennsylvania 19103-2799, United States
Phone: 215.981.4000
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Georgia
  • Illinois
  • Massachusetts
  • Michigan
  • New Jersey
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • Virginia
Number of Attorneys
1,000+ Attorneys

Wide-Ranging New York Noncompete Law Awaits Governor's Signature

Summary - On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only be…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Independent Contractors, Labor Reform

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Negotiating the Tension Between Transparency and Privacy

Making individual patient-level data available for other research presents companies with challenges, but researchers and companies can take steps to minimize the risks. Originally published in Drug and Medical Device, For…more

Clinical Trials, Data Privacy, Data-Sharing, Life Sciences, Medical Records

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Eleventh Circuit Throws Debt Collectors Under the FDCPA Bus for Sharing Account Information with Letter Vendors

In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of…more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Spoliation Rule Remains Ambiguous Despite Amendments

Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an…more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Discovery Disputes, Duty to Preserve

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Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment…more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

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Navigating the SEC's Whistleblower Enforcement Wave: A Guide for Financial Institutions — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Partners Sheri Adler and Mary Weeks to discuss the recent uptick in SEC enforcement activity related to whistleblowers. They focus on the implications…more

Anti-Retaliation Provisions, Consumer Financial Protection Act (CFPA), Financial Institutions, Securities and Exchange Commission (SEC), Whistleblower Protection Policies

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NOL Carryback Issues for Companies That Departed a Consolidated Group, Including Split Waivers and AMT Credit Refunds

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, H.R. 748) included changes to the federal income tax loss (NOL) carryforward provisions under Section 172 of the Internal Revenue Code. One of the significant…more

Business Taxes, CARES Act, Carryback Rules, Coronavirus/COVID-19, Corporate Taxes

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Takeaways from Listening Session on the Development of FDA’s Center for Tobacco Products Strategic Plan

On August 22, 2023, the Troutman Pepper Tobacco + Nicotine Team attended the Food and Drug Administration’s Center for Tobacco Products (“CTP”) virtual listening session on the development of CTP’s strategic plan.  We previously…more

E-Cigarettes, Food & Drug Regulations, Food and Drug Administration (FDA), Public Health, Public Safety

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SEC Chairman Encourages Companies to Disclose Funding Needs, Including Participation in Federal Emergency Funding Programs

Many companies are facing potential funding issues as a result of the coronavirus (COVID-19) epidemic. Investors want to know if the companies they invest in are planning to raise capital, including through participation in new…more

Capital Controls, CARES Act, Coronavirus/COVID-19, Disclosure Requirements, Federal Loans

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Change in the Wind: Time for Employers to Review Their 2022 Workplace Drug Testing Polices

Q: I read that some major companies no longer drug test applicants for marijuana. What should our company consider as we conduct a review of our workplace drug testing policy for 2022?…more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Advocacy Organizations Sue FDA Over Delay in Menthol Cigarette Ban

On April 2, three advocacy organizations filed a complaint in the U.S. District Court for the Northern District of California seeking an order directing the U.S. Food and Drug Administration (“FDA”) to promulgate its…more

Administrative Procedure Act, FDA Warning Letters, Federal Bans, Final Rules, Food and Drug Administration (FDA)

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Ninth Circuit Rejects Retroactive Consent for Recording Website Users

On May 31, the Ninth Circuit issued a memorandum disposition in Javier v. Assurance IQ, LLC, addressing two important questions in California: (1) whether a business can record user interactions on its website without their…more

Consent, Corporate Counsel, Invasion of Privacy, Video Recordings, Websites

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D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country…more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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DOL Guidance on Cybersecurity: A Cautionary Note for Plan Sponsors

Have you asked yourself recently: “Are my ERISA plan’s assets and participant data protected from cyberattacks?” If not, you should. The Department of Labor’s (DOL) release of cybersecurity best practices for plans covered by…more

Best Practices, Cybersecurity, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Ad Technology Compliance Tips From Video Privacy Claims

“Stranger Things” has made many of us think back on the days when we waited at Blockbuster to pick the latest release of our favorite movies, sometimes at the return dropbox. And the use of the term “Borked” has probably not…more

Cybersecurity, Data Collection, Data Protection, Personally Identifiable Information, Video Privacy Protection Act

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FDA Issues New Draft Guidance for Unapproved Use Communications

On Monday, October 24, the Food and Drug Administration (FDA) issued a new draft guidance titled, “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared…more

Draft Guidance, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences

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Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment…more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

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Key Takeaways for Regional and Community Banks from the Federal Reserve's April 2021 Supervision and Regulation Report

Twice a year — once in the spring and then again at the end of the year — the Board of Governors of the Federal Reserve System (Federal Reserve) publishes a report on banking conditions in the United States. Typically, the…more

Banking Sector, Banks, Federal Reserve, Financial Institutions

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Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False Certifications Regarding Payments Made to Subcontractors With Payment Applications

Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to…more

Breach of Contract, Construction Contracts, Construction Litigation, Construction Project, Contract Disputes

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FinCEN's Proposed New Rule to Increase Reporting Requirements in Residential Real Estate

On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a new rule to increase reporting requirements for nonfinanced, entity-purchased residential real estate. FinCEN…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Comment Period, Financial Institutions

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Biden Signs Executive Order Intended to Improve the Federal Government's Cybersecurity

On May 12, President Biden signed an executive order intended to improve the federal government’s cybersecurity. This comes in the wake of sweeping cyber incidents, such as the SolarWinds incident that affected both public and…more

Biden Administration, Cyber Attacks, Cybersecurity, Executive Orders, Federal Contractors

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The EU Is Throwing Stones in the Data Lake by Regulating AI – What Global Companies Need to Do Now to Prepare

High-stakes artificial intelligence (AI) is becoming even higher risk in the European Union, where AI regulation efforts are underway that could cost your company up to 6% of its total worldwide revenues—more than the potential…more

Artificial Intelligence, EU, European Commission, General Data Protection Regulation (GDPR), Proposed Rules

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New Jersey Federal Court Reviews Call Transcript to Dismiss FDCPA Complaint

In March, the U.S. District Court for the District of New Jersey granted the defendant’s motion to dismiss a claim that the defendant violated § 1692e(8) of the Fair Debt Collection Practices Act (FDCPA) when it failed to report…more

Consumer Reporting Agencies, Debt, FDCPA, Financial Services Industry, Motion to Dismiss

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FTC Updates HSR and Clayton Act Thresholds; Increases Civil Penalties for Violations

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed the…more

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

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Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain Actions?

Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not in…more

Barack Obama, Canning v NLRB, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Pro Forma Sessions

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Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) - The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town…more

Breach of Contract, Consequential Damages, Contract Drafting, Liquidated Damages

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FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting, the…more

Energy Projects, Energy Sector, Environmental Impact Report (EIR), FERC, Greenhouse Gas Emissions

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The Next Phase of RNG Is Here, Now What?

The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG project…more

Clean Energy, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Natural Gas, OEM

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Preparing for IRS Cash Transaction Reporting in the Cannabis Industry

The various forms of information reporting required by the Internal Revenue Code form the backbone of both voluntary compliance with tax laws and the starting point for audits by the Internal Revenue Service (IRS). One form that…more

Business Taxes, Cannabis-Related Businesses (CRBs), Cash Transactions, Controlled Substances, Dispensaries

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Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice

On November 20, a judge for the Southern District of New York granted a motion to dismiss a Fair Debt Collection Practices Act (FDCPA) class-action holding that a simple lack of a date on a model validation notice did not amount…more

Class Action, Debt, Debt Buyers, Debt Collection, Debt Collectors

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Tax Court Rules That Limited Partners May Be Subject to Self-Employment Tax

Summary - On November 28, the Tax Court, granting the Internal Revenue Service (IRS) summary judgment, held in Soroban Capital Partners LP v. Commissioner that a state law limited partner who is limited in name only, is not…more

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

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Know Your Customer - and Theirs - to Understand the Scope of Your Compliance Burden

Each year, the U.S. government invests hundreds of millions of dollars in research and development initiatives, impacting virtually all industry sectors of the U.S. economy…more

Cooperative Agreements, DFARS, Federal Funding, Grants, Research and Development

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2022 Midterm Election Results: Update 11/09/22

Republicans are expected to win control of the House. Republicans won at least 203 seats (a pickup of 11 seats) compared to 187 seats for Democrats (a pickup of four seats). Although Republicans flipped several Democrat-held…more

Election Results, Political Campaigns, Political Candidates, State and Local Government, State Elections

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Microsoft 365 eDiscovery Updates: Legal and Technical Developments

eMerge attorneys and technologists recently presented a two-part webinar series on the legal and technical considerations for corporations using Microsoft 365 to satisfy their eDiscovery obligations…more

Client Services, Data Management, Discovery, e-Discovery, Electronically Stored Information

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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FERC Issues Proposed Rulemaking on Transmission Line Ratings

On November 19, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing to reform its regulations and pro forma OATT to improve the accuracy and transparency of transmission line ratings. According to FERC, more…more

Energy Sector, FERC, ISOs, NPRM, RTO

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What We're Seeing – 2022 Dealmaking Outlook

The Rearview Mirror - Robust multiples and fear that the Biden administration might succeed in passing tax laws resulted in 2021 being one of the busiest years ever in the private equity space. Within the capital markets,…more

Corporate Sales Transactions, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Health Information Technologies, Initial Public Offering (IPO)

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Three's a Pattern: Kentucky Becomes the 15th State to Enact a Comprehensive Privacy Law

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection KCDPA (the KCDPA) into law, making Kentucky the third state in 2024 to enact a comprehensive privacy law (following New Jersey and New…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Security, Electronic Protected Health Information (ePHI)

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Encrypted Electronic Instant Messaging Applications Continue to Catch the Government's Attention

In March 2023, the Department of Justice (DOJ) Criminal Division updated its Evaluation of Corporate Compliance Programs (ECCP) guidance to address the use of personal devices and third-party messaging applications by corporate…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Controls, White Collar Crimes

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Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy discharge…more

Bankruptcy Code, Bankruptcy Court, Borrowers, CO Supreme Court, Creditors

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U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense…more

401k, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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SEC Seeks to Enhance Disclosures and Provide Additional Investor Protections Related to SPACs

Citing the “unprecedented surge” in the number of initial public offerings by special purpose acquisition companies (SPACs) over the past two years, the SEC has proposed new rules that would require enhanced disclosures and…more

Disclosure Requirements, Initial Public Offering (IPO), Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

Tocci Bldg. Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) - For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Prompt Payment

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Tackling Credit Push Fraud: Understanding Nacha's Risk Management Package - Payments Pros – The Payments Law Podcast

In this episode of Payments Pros, Carlin and Keith welcome back Jordan Bennett, Nacha's senior director of network risk management, for a two-part series on the newly approved rules designed to combat credit push fraud. Credit…more

Anti-Fraud Provisions, Business E-Mail Compromise (BEC), Financial Fraud, Financial Institutions, Financial Regulatory Reform

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Delaware Supreme Court Confirms Dual MFW Protections Are Needed Outside of the Freeze-Out Merger Context for Application of Business Judgment Rule

In In re Match Group, Inc. Derivative Litigation, the Delaware Supreme Court held that the dual procedural protections announced in the seminal case of Kahn v. M & F Worldwide Corp. (MFW) are required in order to shift the…more

Business Judgment Rule, Controlling Stockholders, DE Supreme Court, Delaware General Corporation Law, Derivative Suit

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TCPA: Text Messages Still Hot-Button Issue After Furniture Companies Resolve Class for Millions

On July 6, the U.S. District Court for the Middle District of Florida granted final approval of a multimillion-dollar, class-action settlement in Parker v. Stoneledge Furniture, LLC, et al., No. 21-740 (M.D. Fla.) to resolve…more

Auto-Dialed Calls, Class Action, Class Members, TCPA, Text Messages

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FINRA Finds Potential Rule Violations in Crypto Asset Sweep

In November 2022, the Financial Industry Regulatory Authority (FINRA) launched a targeted crypto asset sweep, reviewing more than 500 retail communications related to crypto assets from member firms…more

Broker-Dealer, Cryptoassets, Digital Assets, Financial Crimes, Financial Industry Regulatory Authority (FINRA)

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Texas Supreme Court Holds Administrative Wire Transfer Form Does Not Impose Contractual Duties on Bank

In Cadence Bank, N.A. v. Roy J. Elizondo III, PLLC, the Supreme Court of Texas recently held that an administrative form relied upon by a victim of a fraud scam did not impose contractual obligations on a bank to verify…more

Banking Sector, Banks, Wire Transfers

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Unsurprisingly, The No Surprises Act Has Surprises: Part II

On December 9, the American Medical Association (AMA) and the American Hospital Association (AHA) (the Associations) filed a lawsuit in the U.S. District Court for the District of Columbia challenging the proposed regulations…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Healthcare Facilities, No Surprises Act (NSA)

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Construction Arbitration

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Project

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Nora Brownell: An In-Depth Conversation With the Former FERC Commissioner – Battery + Storage Podcast

Get ready to plug into the electrifying mind of Nora Brownell. This week, Bill sits down with the former FERC commissioner and current partner at Clean Energy Ventures to discuss everything FERC-land and beyond. Listen in as…more

Battery, Clean Energy, Energy Sector, Energy Storage, FERC

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Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an…more

Educational Institutions, Financial Aid, Financial Assistance Policies, Motion to Dismiss, Statutory Interpretation

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2022 Midterm Election Results: Update 11/09/22

Republicans are expected to win control of the House. Republicans won at least 203 seats (a pickup of 11 seats) compared to 187 seats for Democrats (a pickup of four seats). Although Republicans flipped several Democrat-held…more

Election Results, Political Campaigns, Political Candidates, State and Local Government, State Elections

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Notable Requirements Under FinCEN's Final Rule Implementing the Corporate Transparency Act Reporting Framework

The Financial Crimes Enforcement Network (FinCEN) has published a final rule, implementing Section 6403 of the Corporate Transparency Act (CTA), with sweeping beneficial owner and company applicant reporting requirements that…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Final Rules, FinCEN

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PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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The SEC's New Marketing Rule - Practically Speaking: General Prohibitions

In December 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended. Those finalized amendments merged the Advisers…more

Advertising, Amended Rules, Investment Adviser, Investment Advisers Act of 1940, Marketing

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Coinbase Approved to Operate a Futures Commission Merchant

Coinbase Financial Markets, Inc., a leading cryptocurrency exchange, announced that it has secured regulatory approval from the National Futures Association (NFA) to operate a futures commission merchant offering crypto futures…more

CFTC, Coinbase, Consumer Financial Products, Crypto Exchanges, Cryptocurrency

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How Firms Can Use Feedback to Create an Internal Service Culture

Law firms are increasingly implementing formal processes to gather feedback on the client experience. But when it comes to the internal client experience—the service that attorneys and employees receive from a firm’s business…more

Client Services, Law Firm Ownership, Law Firm Partners, Law Practice Management

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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Federal Circuit Continues to Dismantle Diagnostic Patents

Any new and useful process, machine, manufacture, or composition of matter may be patented in the United States. However, the Supreme Court has held that “laws of nature, natural phenomena, and abstract ideas” are not eligible…more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patents

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California Federal Court Rules Undated Model Debt Violation Notice Does Not Violate the FDCPA

In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically, the…more

Article III, Debt, Debt Collection, Debt Collectors, FDCPA

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Consumer Financial Regulation: Pennsylvania

A Q&A guide to consumer finance regulation in Pennsylvania. This Q&A addresses state-specific laws governing the offering and sale of consumer financial products and services, including credit cards, residential mortgages,…more

Consumer Financial Products, Consumer Lenders, Credit Cards, Debt Collection, Financial Services Industry

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Judge Dismisses FDCPA Class Action Brought Over $0 Balance Line Item

Plaintiffs John Slomanski and Margaret Brusewitz brought an FDCPA class action, Slomanski and Brusewitz v. Alliance Collection Agencies, in the Eastern District of Wisconsin alleging that debt collection letters sent to them and…more

Class Action, Debt Collection, Debt Collectors, FDCPA

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Federal Court Holds the Reasonableness of the Government’s Interpretation of Geotechnical Data is Irrelevant to Differing Site Condition Claim

United States Army Corps of Engineers v. John C. Grimberg Co., Inc., No. 2019-1608, 2020 BL 215269 (Fed. Cir. June 9, 2020) - The Court of Appeals for the Federal Circuit reversed a decision by the Armed Services Board of…more

Construction Project, Defense Sector, Federal Contractors, Real Estate Development, Request for Equitable Adjustment

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More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive…more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County…more

Attorney's Fees, Constitutional Challenges, Consumer Protection Act, Financial Services Industry, Retailers

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment…more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

See all updates »

Exit Planning: Family Offices Need Solid Foundations

Private foundations can be attractive investment partners, but deals need to be structured with the exit in mind to avoid some tricky tax issues. Family office investment vehicles typically have a diverse pool of investors,…more

Exit Planning, Exit Strategies, Family Businesses, Family Offices, Investment Adviser

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What Your TV Wouldn’t Tell You and Your Fridge Didn’t Know: FTC Best Practices for Consumer-Facing IoT Devices

On January 27, the Federal Trade Commission (FTC) issued an FTC staff report titled “Internet of Things: Privacy & Security in a Connected World” (Report). The Report summarizes the FTC’s November 2013 workshop on the privacy…more

Best Practices, Corporate Counsel, Federal Trade Commission (FTC), Information Reports, Internet of Things

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1099ers Exposing Startups, Private Equity Firms to Costly Liability

A recent online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley startup tech companies using “the 1099 model” may be exposed to employment, tax and benefit law…more

1099s, Employer Liability Issues, Independent Contractors, Popular, Private Equity

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

Tenth Circuit Affirms Order Allowing Discharge of Private Student Loans

On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy…more

Consumer Bankruptcy, Consumer Financial Products, Dischargeable Debts, Financial Services Industry, Navient

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Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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The USPTO May Be Miscalculating Patent Term Adjustments

The U.S. Patent and Trademark Office released a final rule on June 16, 2020, to revise how it calculates patent term adjustment. But the USPTO’s PTA algorithm does not yet fully account for its final rule. Originally…more

Intellectual Property Protection, Patent Applications, Patent Term Adjustment, Patents, USPTO

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Personal Protective Equipment Disposal Management in the Workplace

In light of the potential for distribution of the vaccine, employers are revisiting their plans for return to work and the many challenges that office re-openings might bring, including the requirement that employees wear…more

Coronavirus/COVID-19, OSHA, Personal Protective Equipment, Waste Management, Workplace Safety

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Changes to the Immigration Landscape in the First 100 Days of the Biden Administration

Q: It is no secret that Trump and Biden have starkly different views on immigration laws and policies. Now that President Biden is in charge, how have things changed? What impact has there been on employers and their employees…more

Biden Administration, DACA, Foreign Workers, Form I-9, H-1B

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Nonprofit, Multi-Borrower Loans and Other Updates to the Main Street Lending Program

Who Needs to Know - Lenders and potential borrowers considering making loans or borrowing under the MSLP. Why It Matters - In the month of September, the Federal Reserve Bank of Boston (Boston Fed) released multiple…more

Borrowers, CARES Act, Coronavirus/COVID-19, EBITDA, Eligibility

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State Medicaid Waivers Provide Flexibility To Out-Of-State Providers Treating COVID-19

Upon a presidential declaration of an emergency or disaster, or a declaration of a public health emergency by the Secretary of the Department of Health and Human Services (HHS), section 1135 of the Social Security Act (42 U.S.C…more

Coronavirus/COVID-19, Health Care Providers, Medicaid, Out of Network Provider, Waivers

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State AGs Choose Products Liability Case as Battleground for State Sovereignty

A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the coalition…more

Life Sciences, Merck, Pharmaceutical Industry, Preemption, Prescription Drugs

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Delaware Chancery Court Finds Purchase Agreement Shows Parties' 'Clear Intention' to Arbitrate Net Working Capital Dispute

A recent opinion from the Delaware Court of Chancery reinforces the importance of using clear language when drafting dispute resolution clauses. In Agiliance, Inc. v. Resolver SOAR, LLC, No. 2018-0389-TMR, 2019 Del. Ch. LEXIS 33…more

Arbitration, Arbitration Agreements, Capital Assets, Contract Drafting, Contract Terms

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Massachusetts Division of Banks Fines Student Loan Servicer $500,000 for Servicing Without a License

On May 19, the Massachusetts Division of Banks entered into a consent order with Educational Computer Systems, Inc. (ECSI) to resolve allegations that ECSI was engaging in the business of a third party loan servicer or student…more

Banking Sector, Banks, Loan Servicer, Student Loans

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Texas Federal Court Grants Preliminary Injunction in Community Reinvestment Act Lawsuit

On March 29, a Texas federal court granted a preliminary injunction enjoining the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies)…more

Community Reinvestment Act, Consumer Financial Products, Final Rules, Financial Institutions, Financial Regulatory Reform

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The Reintroduction of Net Operating Loss - A Pepper Hamilton and Financial Executives Alliance Webinar

Recent law changes can provide portfolio company liquidity and/or require reconsideration of 2018–2020 deals. During this webinar, Steven D. Bortnick and Todd B. Reinstein, partners in the Tax and Estates Practice Group of…more

Acquisitions, Alternative Minimum Tax, CARES Act, Carryback Rules, Income Taxes

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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Developing, Disclosing, and Patenting Technology During National Emergencies

National emergencies, like the one COVID-19 has triggered in the United States, spur technological development, as concerned researchers look for ways to repurpose existing technology or develop new technology to help…more

Confidential Information, Coronavirus/COVID-19, Export Administration Regulations (EAR), Export Controls, Innovation

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Supreme Court Eases Burden on Copyright Holders for "Mistakes" Made in Copyright Filing

On February 24, the U.S. Supreme Court issued a highly anticipated 6-3 decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The ruling stands to protect the legal advantages of a copyright…more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, Corporate Counsel

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8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023…more

Advertising, Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Food & Drug Regulations

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Online Tracking Case Dismissed by Ninth Circuit Holding that Online Purchase Does Not Subject Web-Based Payment Processing Platform to Personal Jurisdiction in California

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment platform…more

California, Credit Cards, Due Process, E-Commerce, Financial Services Industry

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Cannabis Administration and Opportunity Act Introduced in the Senate: Will It Live Up to the Hype?

On July 21, the Cannabis Administration and Opportunity Act (CAOA), a comprehensive bill to decriminalize, regulate, and tax cannabis, was introduced by Senate Majority Leader Chuck Schumer (D-NY), Senator Cory Booker (D-NJ),…more

Decriminalization of Marijuana, Food and Drug Administration (FDA), Marijuana, Marijuana Related Businesses, Popular

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Washington Legislature Goes Big With "My Health My Data Act"

On April 27, the state of Washington enacted the My Health My Data Act (MHMDA), a comprehensive health privacy law that imposes broad restrictions on how “consumer health data” can be used by companies doing business in the…more

Data Privacy, Data Protection, Data Security, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Surprise Medical Bill Legislation: The Devil Is in the Details

Congress has been working for months to pass legislation protecting patients from surprise medical bills that arise when insured patients unknowingly receive out-of-network (OON) care, usually when receiving emergency medical…more

CBO Report, Health Care Providers, Health Insurance, Healthcare Reform, Inpatient Billing

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Leasing to Health Care Tenants: What You Need to Know

Commercial office building landlords frequently find themselves leasing to health care provider tenants. A landlord may not consider doctor’s offices or diagnostic labs as specialty uses, but there are several lease provisions…more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Commercial Leases, Health Care Providers

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U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal and State Employment Laws

On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Long-Term Part-Time Employee Eligibility Rules Now in Effect — Troutman Pepper Podcast

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE…more

Benefit Plan Sponsors, Employee Benefits, Proposed Regulation, Retirement, Retirement Funds

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FinCEN Issues Final Rule on Use of Entity FinCEN Identifiers to Fulfill BOI Reporting Requirements Under the CTA

Brief Overview: On November 8, the Financial Crimes Enforcement Network (FinCEN) published a final rule specifying the circumstances under which a reporting company may report another entity’s FinCEN identifier in lieu of…more

Beneficial Owner, Corporate Transparency Act, Final Rules, Financial Crimes, Financial Institutions

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Troutman Pepper Weekly Consumer Financial Services Newsletter - April 2024 # 4

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

Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Department of Justice (DOJ)

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End Game? Federal Court Enjoins Enforcement of NCAA's "NIL Recruiting Ban"

On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee, issued an opinion and order granting the Tennessee and Virginia attorneys generals’ (AG) request for a preliminary injunction enjoining…more

College Athletes, Colleges, Compensation & Benefits, Name and Likeness, NCAA

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PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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NILAR: Oregon's New Bill Changes the Name of the Game

On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic…more

Athletes, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Cryptocurrency Exchange QuadrigaCX and the Estate of Gerald Cotten - Digital Planning Podcast

In this episode of Digital Planning Podcast, hosts Jennifer Zegel, Ross Bruch, and Justin Brown welcomed Sheona McDonald, an accomplished filmmaker, who discussed her recently released documentary Dead Man’s Switch: A Crypto…more

Asset Management, Cryptocurrency, Digital Assets, Estate Planning, Popular

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ESG and Bribery

Environmental, social, and governance (ESG) compliance and reporting has been top of mind in 2021 and will remain a key focus in 2022 because investors increasingly want to make responsible investments. To respond to this…more

Anti-Bribery, Bribery, Corruption, Department of Justice (DOJ), Environmental Social & Governance (ESG)

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Copyright Claims Board: A New Stage for Copyright Infringement Claims

Paraphrasing the famous line from the father of modern acting technique, in establishing the Copyright Claims Board (CCB) on June 16, the Copyright Office effectively declared that there are no small copyrights, only small…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection

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Troutman Pepper Weekly Consumer Financial Services Newsletter - April 2024 # 4

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

Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Department of Justice (DOJ)

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State Antitrust Enforcement Venue Act: Recent Updates

Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s provisions…more

Anti-Competitive, Anticompetitive Behavior, Antitrust Division, Antitrust Provisions, Biden Administration

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way…more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Legal or Not, it's Working: Mandatory Board Diversity for Publicly-held Companies Headquartered in the Golden State

Pamela Palmer, James Levine, Howard Privette and Samantha Burdick of Troutman Pepper Hamilton Sanders LLP discuss California’s newly enacted board diversity law and the legal challenges it faces. Originally published in…more

Board of Directors, Corporate Governance, Diversity, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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How the Supreme Court’s Clarification of Enablement in Amgen May Affect the Future of Patent Law

On November 4, the U.S. Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. See generally Amgen Inc., v. Sanofi, No. 21-757 (U.S. 2022). The Court’s decision will…more

Amgen, Patent Act, Patent Infringement, Patent Litigation, Patents

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SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted…more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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US Supreme Court Narrows Assignor Estoppel Doctrine in Continuation Patent Case

On June 29, the Supreme Court issued a 5-4 decision in Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440 (June 29, 2021) (slip opinion). Minerva involves a challenge to the “assignor estoppel” doctrine, which is an equitable…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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CFPB Bans Third-Party Payment Processor and Its Founder for Ignoring Fraud and Supporting Scammers

On January 18, the Consumer Financial Protection Bureau (CFPB) filed a proposed final judgment and order in its March 2021 lawsuit against BrightSpeed Solutions, a third-party payment processor, and its founder, Kevin Howard. If…more

Civil Monetary Penalty, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Fraud, Payment Processors

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High Court Bankruptcy Ruling Is a Warning to Joint Obligors

In a unanimous decision, the U.S. Supreme Court held that Section 523(a)(2)(A) of the U.S. Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability. Originally…more

Bankruptcy Code, Bankruptcy Court, Bartenwerfer v Buckley, Chapter 7, Chicago v Fulton

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Tax Issues for Co-location of Energy Storage with Solar or Wind

The Inflation Reduction Act (IRA) changed the game when it comes to battery storage and its qualifications for investment tax credits (ITC). Partners Christine Byrnes and Anne Loomis discuss the eligibility of energy storage for…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits, Production Tax Credit

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You’re in Breach… Now What?

The best-structured loan covenants in credit facilities are flexible enough to allow a borrower to grow, while reducing the lender’s risk of loss. However, many models and projections underlying those covenants are at risk of…more

Investors, Lenders, Private Equity, Private Equity Firms

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Florida Court of Appeals Permits Successor-In-Interest to Pursue Claims Originally Thought to Be Barred by Settlement Agreement

MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) - A Florida Appellate Court recently reversed a trial court’s decision granting summary judgment finding an issue of fact…more

Affidavits, Appeals, Construction Defects, Construction Litigation, Construction Loans

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Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under CASPA

MEMORANDUM BY McLAUGHLIN, J.: This is a breach of contract action between Thomas P. Carney, Inc. ("Carney") and Constructural Dynamics, Inc. d/b/a Silvi Concrete Products, Inc., Penn Jersey Certified Concrete, Inc., d/b/a…more

CASPA, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

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The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out…more

Federal Contractors, HUBZone, NDAA, Prime Contractor, Regulatory Requirements

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More Privacy, Please - April 2023

Editor’s Note: Iowa became the sixth state in the nation to enact a comprehensive privacy law, and California’s latest privacy regulations came into effect. At the federal level, Congress experienced a leak of sensitive health…more

Biometric Information, Biometric Information Privacy Act, Cybersecurity, Data Privacy, Data Protection

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Effective Immediately: New Jersey Enacts an Insurance Bad Faith Statute for Auto Insurers

New Jersey has enacted an insurance bad faith statute that will penalize insurers for certain types of conduct in handling claims for uninsured and underinsured motorist coverage as the result of auto accidents. The new law…more

Auto Insurance, Bad Faith, Insurance Claims, Insurance Industry, Uninsured and Under-Insured Motorists

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More Privacy, Please - September 2022

Editor’s Note: In the U.S. laws and regulation space, the California attorney general announced the first-ever CCPA settlement, the California Privacy Protection Agency raised objections to the ADPPA, and the FTC announced…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Summary of FERC's April 2022 NOPR on Transmission Planning, Cost Allocation, and Generator Interconnection

On April 21, the Federal Energy Regulatory Commission (FERC or Commission) released its Notice of Proposed Rulemaking (NOPR) to reform its policies regarding Regional Transmission Planning and Cost Allocation. The NOPR follows…more

Energy Sector, FERC, Notice of Proposed Rulemaking (NOPR), Transmission Lines

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CFPB Annual Report Sees Continued Increase in Consumer Reporting Complaints and Complaints Involving Fraudulent Activity, Student Loan Repayment Difficulties, and Auto Finance

On March 29, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Consumer Response Annual Report, providing a high-level overview of the 1,657,600 consumer complaints received by the Bureau from January 1…more

Annual Reports, Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry

When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction…more

Arbitration, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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Summary of Proposed Changes to HUD's LEAN 232 Loan Documents

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update…more

Comment Period, HUD, LEAN Program, Loan Documentation, Loans

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EDVA Permits Plaintiff to Use Her Deposition as Trial Testimony

It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial testimony,…more

Depositions, Federal Rules of Civil Procedure, Judicial Proceedings, Litigation Strategies, Testimony

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The Impact On Litigation - Troutman Sanders and Pepper Hamilton COVID-19 Litigation Podcast Series

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In…more

Coronavirus/COVID-19, Court Closures, Court Schedules, Data Collection, Defense Strategies

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Public Comment Period on PA Department of Environmental Protection’s Oil and Gas Rulemaking Closes May 19

The Pennsylvania Department of Environmental Protection’s (DEP’s) rulemaking regarding surface activities for oil and gas wells, Environmental Protection Performance Standards at Oil and Gas Well Sites (Chapters 78 and 78a), has…more

Drilling Waste Disposal, Horizontal Wells, Inland Waterways, Oil & Gas, Rulemaking Process

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Final ESA Rules Include Fundamental Shift in RPMs

On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The…more

Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings

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California Court of Appeal Affirms No Coverage for False Claims Act Investigation Under Medical Professional Liability Policy

The California Court of Appeal has affirmed the Fresno County Superior Court’s grant of summary judgment to NORCAL Mutual Insurance Company (NORCAL), finding there was no potential for coverage for a False Claims Act…more

False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

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Second Circuit Rules Plaintiffs' Securities Class Action Cannot Ride the Coattails of Foreign Bank's Regulatory Troubles

A recent decision out of the Second Circuit Court of Appeals sets limits on plaintiffs’ ability to transform regulatory violations into the basis for securities class actions. The decision further clarifies that issuers do not…more

Anti-Money Laundering, Banking Sector, Banks, Financial Institutions, Foreign Banks

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SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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11th Circuit Rules Against SEC Penny-Stock Ban

In a 2-1 opinion issued on February 14, 2024, an Eleventh Circuit panel partially reversed a lower court ruling that would have barred a defendant from participating in future penny-stock offerings. The majority found it was an…more

Broker-Dealer, Investment, Offerings, Penny Stocks, Securities and Exchange Commission (SEC)

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IP Protection for Featured Characters in Digital and Physical Media

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game. However,…more

Copyright, Copyright Infringement, Copyright Litigation, Design Patent, Digital Media

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California Court of Appeal Affirms Grant of Summary Judgment Against Health Care Provider in Win for Managed Care Payors and Claims Administrators

The California Court of Appeal, in a major win for managed care payors and claims administrators, affirmed a lower court decision granting summary judgment in favor of United Healthcare (United), finding that United did not…more

Binding Agreements, Breach of Contract, Health Care Providers, Health Insurance, Healthcare

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A Path to ESG Disclosure

Regardless of your view of the efficacy of ESG disclosure for publicly-traded companies, investors increasingly are insisting on it, and the advisors that can profit from it the most – proxy advisory firms, large accounting…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, MD&A Statements

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Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for…more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands

A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms, Premises Liability

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New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17…more

Due Diligence, Environmental Policies, Environmental Social & Governance (ESG), Hazardous Waste, New York

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Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III…more

Appeals, Article III, Corporate Counsel, Data Protection, Debit and Credit Card Transactions

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FCC Cracks Down on Texting Scams and Robocalls

On March 16, the Federal Communications Commission (FCC) adopted its first set of regulations targeting what is perceived as the increasing problem of scam text messages sent to consumers. The first rule requires mobile service…more

FCC, Robocalling, Telecommunications, Text Messages

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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N.J. Order Authorizes Commandeering Of Medical Resources And Other Property

On April 2, New Jersey Gov. Phil Murphy issued Executive Order 113, authorizing the New Jersey State Director of Emergency Management to use the governor’s full authority under the Disaster Control Act to commandeer personal…more

Coronavirus/COVID-19, Executive Orders, Goods or Services, Medical Devices, Medical Supplies

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Delaware Supreme Court Confirms Dual MFW Protections Are Needed Outside of the Freeze-Out Merger Context for Application of Business Judgment Rule

In In re Match Group, Inc. Derivative Litigation, the Delaware Supreme Court held that the dual procedural protections announced in the seminal case of Kahn v. M & F Worldwide Corp. (MFW) are required in order to shift the…more

Business Judgment Rule, Controlling Stockholders, DE Supreme Court, Delaware General Corporation Law, Derivative Suit

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Investment Management Update - June 2022

Covering legal developments and regulatory news for funds, their advisers, and industry participants for the quarter ended March 31, 2022. …more

Broker-Dealer, Fiduciary Duty, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Management

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Juul Labs, Inc. v. FDA: A FOIA Twist on the Challenge to FDA's Marketing Denial Order

Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as…more

Administrative Procedure Act, FOIA, Food and Drug Administration (FDA), Marketing, Public Health

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SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

See all updates »

Delaware Supreme Court Confirms Dual MFW Protections Are Needed Outside of the Freeze-Out Merger Context for Application of Business Judgment Rule

In In re Match Group, Inc. Derivative Litigation, the Delaware Supreme Court held that the dual procedural protections announced in the seminal case of Kahn v. M & F Worldwide Corp. (MFW) are required in order to shift the…more

Business Judgment Rule, Controlling Stockholders, DE Supreme Court, Delaware General Corporation Law, Derivative Suit

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With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Financial Institutions

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Pa. Superior Court Reopens Debate on Personal Jurisdiction for Foreign Corporations

On December 7, the Superior Court of Pennsylvania granted en banc reargument for the Murray v. American LaFrance case. In September, a 2-1 majority ruled in Murray that registering as a foreign corporation in Pennsylvania equals…more

Foreign Corporations, General Jurisdiction, Personal Jurisdiction

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D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country…more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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Department of Labor Introduces New Proposal to Revise Salary Threshold

On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee must…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Taking Charge: Inside the U.S. Battery Boom

The Inflation Reduction Act (IRA) has supercharged global interest in U.S. battery storage, forcing companies to change their approach to the market. We look at how this generational legislation is driving growth and influencing…more

Batteries, Clean Energy, Energy Sector, Energy Storage, FERC

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Banking Regulatory Agencies Seek Information on Financial Institutions’ Use of Artificial Intelligence

Five federal banking regulatory agencies are gathering information and comments on financial institutions’ use of artificial intelligence (AI), including machine learning. On March 29, the Federal Reserve Board, the Consumer…more

Artificial Intelligence, Banking Sector, Financial Institutions, Financial Services Industry, Popular

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DOJ as Your Ally: Government Weighs In on Patient Support Services Kickback Claims

On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts…more

Corruption, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Government Investigations

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COVID-19 and Remobilization: Returning to the Construction Site Without Mandated COVID-19 Restrictions

This article summarizes the current landscape in Pennsylvania and California as COVID-19 restrictions are lifted, and highlights important considerations for employers in the construction industry in relation to vaccines and…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Construction Industry, Construction Project, Coronavirus/COVID-19

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Charging Transportation Electrification Forward: Identifying Opportunities & Regulatory Solutions in the Rapidly Evolving EV Market - Energy Law Insights

The rapidly evolving electric vehicle (EV) market presents electric utilities, EV service providers, private developers, and other stakeholders with several challenges and opportunities. These complex, and often novel,…more

Automotive Industry, Charging Stations, Electric Vehicles, Energy Sector, Infrastructure

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Digital Issues for Individuals Working at Home (Digital Planning Podcast)

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin Brown,…more

Client Communication, Client Representation, Confidential Information, Coronavirus/COVID-19, Cybersecurity

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CFPB Annual Report Sees Continued Increase in Consumer Reporting Complaints and Complaints Involving Fraudulent Activity, Student Loan Repayment Difficulties, and Auto Finance

On March 29, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Consumer Response Annual Report, providing a high-level overview of the 1,657,600 consumer complaints received by the Bureau from January 1…more

Annual Reports, Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7…more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in…more

Energy Projects, Energy Sector, Environmental Impact Report (EIR), Environmental Review, FERC

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District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp. (“CentiMark”)…more

Construction Project, Contract Terms, Fire Damage, Insurance Claims, Insurance Litigation

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Virginia Legislature Makes Changes to Employment Law

During Virginia's 2023 legislative session, a number of changes impacting employment law were passed and signed into law by Governor Glenn Youngkin. Those laws will become effective July 1. The following briefly describes some…more

Confidentiality Agreements, Employee Rights, Employees, Labor Reform, Minimum Wage

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Ninth Circuit Reverses District Court, Sending Opportunity Financial Lawsuit to Arbitration

The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Federal Arbitration Act, Financial Services Industry

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SEC Announces 2022 Regulatory Agenda

On June 22, the Office of Information and Regulatory Affairs (OIRA) released the Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. OIRA is the government’s central authority to review executive branch…more

Environmental Social & Governance (ESG), OIRA, Regulatory Agenda, Securities and Exchange Commission (SEC)

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Troutman Pepper's "Practically Speaking" Series Regarding the SEC's New Marketing Rule

In December 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended…more

Advertising, Investment Adviser, Investment Advisers Act of 1940, Marketing, New Rules

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SEC Adopts Final Rule Amendments for Rule 10b5-1 Trading Plans and Creates New Disclosure Requirements

Overview On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments and certain enhanced disclosure requirements related to Rule 10b5-1 trading plans. The new amendments include..…more

10b5-1 Plans, Cooling-Off Rule, Disclosure Requirements, Final Rules, Insider Trading

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SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in…more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Florida’s New TCPA Law Effective July 1

This past April, the Florida legislature passed an amendment to Florida’s version of the Telephone Consumer Protection Act, CS/SB 1120. Two days before the amendment’s effective date of July 1, 2021, Governor Ron DeSantis signed…more

Auto-Dialed Calls, Florida, Robocalling, State and Local Government, TCPA

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Fifth Circuit Reverses Transfer of Credit Card Late Fee Rule Lawsuit to D.C.

On April 5, the U.S. Court of Appeals for the Fifth Circuit issued an order effectively reversing the district court’s decision to transfer the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards, Debt Collection

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2023 Privacy Year in Review

Troutman Pepper’s 2023 Privacy Year in Review is a comprehensive analysis of the year’s key developments in privacy, security, and artificial intelligence and offers practical advice for companies navigating the bewildering…more

Cybersecurity, State and Local Government

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Virginia Governor Vetoes Bill that Would Have Expanded Class Actions

On March 14, Virginia Governor Glenn Youngkin vetoed House Bill (HB) 418 that would have created a vehicle for class actions in Virginia state courts and would have broadened statutory damages under the Virginia Consumer…more

Class Action, Consumer Litigation, Federal Rules of Civil Procedure, Financial Services Industry, Governor Vetoes

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FTC Testifies Before Congress on Its Work to Protect Consumers from COVID-19 Scams and Threats to Its Ability to Return Money to Victims of Illegal Conduct

On April 20, members of the Federal Trade Commission (FTC) testified before the Senate Commerce Committee to update lawmakers of their efforts to curtail scams and other fraudulent consumer abuses related to the novel…more

Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), FTCA Section 13(b)

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SEC Proposes New Rules to Enhance and Standardize Climate-Related Disclosures

On March 21, the SEC proposed a highly anticipated set of rules that would require public companies to include a suite of climate-related disclosures in their SEC filings. Although the SEC published guidance in 2010 emphasizing…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Public Comment

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Federal Magistrate Recommends Dismissal of FDCPA and FCRA Case on Statute of Limitation and Reasonableness of Reporting Grounds

On November 9, a magistrate judge in the Northern District of Georgia issued a Report & Recommendation to grant a motion to dismiss because the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claims were time-barred and…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Data Brokers, Debt Buyers

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Interlocking Directorates in the Antitrust Crosshairs

The Federal Trade Commission’s (FTC) recent multipronged challenge to EQT Corporation’s acquisition from the Quantum Energy Partners private equity investment group “marks the FTC’s first case in 40 years that enforces Section 8…more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Act, Hart-Scott-Rodino Act

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Life After Facebook: District of South Carolina Holds Predictive Dialer Is Not an ATDS

In one of the first major decisions after the Supreme Court’s Facebook v. Duguid decision, a federal district court in South Carolina (the “Court”) has ruled that the Aspect predictive dialer is not an automatic telephone…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, TCPA

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Pa. Supreme Court Finds Pa. Consumer Protection Law May Protect Nonresidents

On February 21, the Pennsylvania Supreme Court held that nonresidents can bring a claim against a business headquartered and operating from Pennsylvania under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law…more

Choice-of-Law, Consumer Protection Laws, Non-Residents, PA Supreme Court, State and Local Government

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Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties…more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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Exercise Caution Before Stating a Lawsuit is "Without Merit"

Many publicly reporting companies often respond to lawsuits by characterizing them as “without merit” in their securities filings. If the company does not prevail in such litigation, can it still be held responsible for making…more

Class Action, Misappropriation, Misleading Statements, Publicly-Traded Companies, Scienter

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New Planning Opportunities Inspired by IRS Memo on Taxation of Equity Awards

Synopsis - The Internal Revenue Service (IRS) released a Generic Legal Advice Memorandum, GLAM 2020-004 (the IRS Memo) dated May 18, 2020 addressing the timing of income and payroll tax withholding on three types of employee…more

Compensation & Benefits, Employee Benefits, Executive Compensation, IRS, Popular

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Final Regulations Issued for Hardship Distributions From Qualified Retirement Plans

As we wrote in November 2018, the Treasury Department issued proposed regulations that significantly relaxed many rules governing hardship distributions from qualified plans, including eliminating requirements that employee…more

403(b) Plans, Distribution Rules, Employee Benefits, Employer Contributions, Final Rules

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Georgia Court of Appeals Affirms Superior Court’s Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard Law Governing the “Modified Total Cost” Approach to Damages

Gainesville Mech., Inc. v. Air Data, Inc., No. A19A0518., 2019 BL 229069 (Ga. Ct. App. June 19, 2019) - The First Division of the Georgia Court of Appeals affirmed a superior court’s decision to confirm an arbitration award…more

Appeals, Arbitration, Arbitration Awards, Construction Litigation, Construction Project

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Investment Management and Private Funds Roundtable – June 2020

Pepper Hamilton partner Gregory J. Nowak hosted another virtual Investment Management and Private Funds Roundtable. Mr. Nowak was joined by Mark Dabertin, special counsel at Pepper Hamilton, to discuss the crossroads of alt…more

Financial Industry Regulatory Authority (FINRA), Investment Management, Merchant Cash Advance (MCA), Private Funds, Syndication

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Securities Industry Arbitrations and Litigation Update: FINRA Arbitration Statistics Through May 31 Evidence Continuing Decline of Promissory Note Arbitrations — but Will the Trend Last?

The Financial Institutions Regulatory Authority (FINRA) has made its arbitration statistics for the year 2021, through May 31, available on its website. Overall, FINRA experienced an intriguing 19% decline in the number of…more

Arbitration, Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Promissory Notes, Securities Litigation

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Virginia Consumer Data Protection Act Series: Consumer Rights

As we noted in Part One of this Series, which provides an introduction and overview of the Virginia Consumer Data Protection Act, most privacy laws – including those adopted in the United States – are built on the Fair…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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New York City’s Revival Window Opens for Gender-Motivated Violence Survivors

On March 1, New York City’s “revival window” opened for survivors of gender-motivated violence. The revival window, also referred to as a “lookback period,” runs until March 1, 2025, providing survivors with two years to bring…more

Crime Victims, Gender-Based Violence, Sexual Abuse, Sexual Assault

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Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s Statutory Scope

In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA) case…more

Ascertainable Class, Class Certification, Class Members, FCC, Statutory Interpretation

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Key Considerations for the 2021 Reporting Season

As public companies prepare for the 2021 reporting season, they will need to consider new SEC disclosure requirements and guidance. In addition, public companies must evaluate the impact of the COVID-19 pandemic (COVID-19),…more

Coronavirus/COVID-19, Disclosure Requirements, Financial Statements, Form 10-K, GAAP

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A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic Arbitration Awards

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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FERC Proposes to Largely Eliminate Compensation for Reactive Power

On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities. …more

Comment Period, Energy Policy, FERC, Interconnections, Large Generators

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FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and…more

Climate Change, Comment Period, Energy Policy, Energy Projects, FERC

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Feds Take Action to Alleviate Supply Chain Issues Impacting Solar Industry

While the solar module market continues to experience the shipping and inflation issues that are impacting many industries, the U.S. Department of Commerce (DOC) and the U.S. Customs and Border Protection (CBP) have taken action…more

Customs and Border Protection, Imports, Solar Energy, Solar Panels, Supply Chain

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More Privacy, Please - June 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to…more

Biden Administration, Biometric Information, Biometric Information Privacy Act, Cryptocurrency, Cybersecurity

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Iowa on Cusp of Enacting Privacy Legislation

Recently, the Iowa Legislature sent a bill to Iowa Governor Kim Reynolds for her signature that would make Iowa the sixth state to enact a comprehensive privacy law. The Iowa Senate unanimously passed Senate File 262 (SF 262) on…more

Cybersecurity, Data Privacy, Data Protection, Data Security, State Privacy Laws

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The Federal Circuit Could Make the ITC a More Appealing Forum

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will…more

Domestic Injury, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Patent Infringement

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Colleges, Educational Institutions, Name and Likeness, NCAA

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Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit…more

Consumer Financial Products, Financial Markets, Financial Services Industry, Leveraged Loans, Reves v Ernst & Young

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SEC Releases New Guidance on Tailored Shareholder Reports

On January 19, 2024, the Division of Investment Management staff at the Securities and Exchange Commission (SEC), released several responses to frequently asked questions (FAQs) related to the adoption of rules and form…more

Division of Investment Management, EFTs, Investment Company Act of 1940, Investment Management, Investors

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New DOJ Guidance Tightens Corporate Enforcement Strategy

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement…more

Compliance Monitoring, Corporate Crimes, Corporate Culture, Criminal Prosecution, Department of Justice (DOJ)

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Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan…more

Compensation & Benefits, Competition, Deferred Compensation, Employee Benefits, Employees

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NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law…more

Land Developers, Land Use Restrictions, Municipalities, Real Estate Development, State and Local Government

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Enforcing IP in a Pandemic: Considerations, Risks, Strategies

Moderna, a biotechnology company that is currently advancing a leading COVID-19 vaccine candidate, recently stated that it would not enforce its vaccine patents during the current health crisis. In light of this announcement,…more

Biotechnology, Coronavirus/COVID-19, Infectious Diseases, Intellectual Property Litigation, Intellectual Property Protection

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Texas Ruling Guides on Asset Sales for Secured Creditors

The general rule in bankruptcy is that administrative expenses, generally defined as the necessary costs and expenses of preserving property of the estate, are paid from the debtor's bankruptcy estate. Originally published in…more

Bankruptcy Code, Bankruptcy Court, Creditors, Debtors, Sale of Assets

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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ARRC Formally Recommends CME Group's SOFR Term Rates

On July 29, the Alternative Reference Rates Committee (ARRC) formally recommended the use of the CME Group’s forward-looking Secured Overnight Financing Rate (SOFR) term rates (Term SOFR) as a replacement to the London Interbank…more

Alternative Reference Rates Committee (ARRC), Banking Sector, CFTC, Libor, Secured Overnight Funding Rate (SOFR)

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DOD Issues Final “Enhanced Debriefing” Rule for Government Bids

The U.S. Department of Defense’s (DOD) new “enhanced” debriefing rule is intended to provide bidders more transparency and increase the efficiency of the DOD’s bidding system. Effective March 18, the rule is mandatory for…more

Bid Protests, Department of Defense (DOD), Federal Contractors

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A Difference of Opinion Remains: The Third Circuit's Rejection of an "Objective Falsity" Requirement for FCA Liability Stands After the Supreme Court Denies Certiorari

The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and when…more

False Claims Act (FCA), Health Care Providers, Qui Tam, Relators

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Powering Anything, Anywhere With Alex Livingston, Joule Case — Battery + Storage Podcast

In this episode of the Battery + Storage Podcast, host Bill Derasmo speaks with Alex Livingston, president of Joule Case. Alex shares his journey from studying mechanical engineering at the University of Idaho to co-founding…more

Batteries, Clean Energy, Electricity, Energy Projects, Energy Sector

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New York Appellate Court Affirms Decision to Deny Motion to Compel Arbitration in Multi-Billion Dollar Construction Dispute

BML Properties Ltd. v. China Construction America Inc., et al., 101 N.Y.S. 3d 597 (N.Y. App. Div. 2019) - On July 2, 2019, a New York appellate court upheld a lower court ruling by Justice Saliann Scarpulla, denying a…more

Appeals, Arbitration, Arbitration Agreements, Construction Disputes, Construction Litigation

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USEPA Advances Toward Regulation of PFAS in Drinking Water

Climate change and environmental justice are currently dominating the conversation in the environmental legal community, but 2021 promises to be an extremely active year for one of the most challenging environmental issues of…more

Drinking Water, PFAS, Safe Drinking Water Act, USEPA

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Overview of Managing Customer Relationships in Troubled Times

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt

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NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber service…more

Health Care Providers, Manufacturers, Meals-Gifts-and Entertainment Rules, Pharmaceutical Industry, Physician Payments

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US DOL Updates Prevailing Wage Rules for Construction Industry

On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication of…more

Anti-Retaliation Provisions, Construction Industry, Construction Workers, Department of Labor (DOL), Employer Liability Issues

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Unraveling the Concept of Garden Leave: Insights From Silicon Valley — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden…more

Contract Terms, Employer Liability Issues, Employment Contract, Garden Leave, Hiring & Firing

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US Supreme Court Limits Scope of Omission Liability for Section 10(b) Securities Fraud Claims

On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934…more

Failure To Disclose, Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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2022 Midterm Election Results: Update 11/09/22

Republicans are expected to win control of the House. Republicans won at least 203 seats (a pickup of 11 seats) compared to 187 seats for Democrats (a pickup of four seats). Although Republicans flipped several Democrat-held…more

Election Results, Political Campaigns, Political Candidates, State and Local Government, State Elections

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Five Ways to Bring Your Firm's Culture Into the Recruiting Process

As the pool of top associate talent has decreased over the past several years due to reduced numbers of experienced midlevel associates, increased opportunities for in-house positions, and declining law school enrollment, the…more

Corporate Culture, Hiring & Firing, Interviews, Law Firm Associates, Law Firm Partners

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Virginia Governor Vetoes Bill that Would Have Expanded Class Actions

On March 14, Virginia Governor Glenn Youngkin vetoed House Bill (HB) 418 that would have created a vehicle for class actions in Virginia state courts and would have broadened statutory damages under the Virginia Consumer…more

Class Action, Consumer Litigation, Federal Rules of Civil Procedure, Financial Services Industry, Governor Vetoes

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More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive…more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17…more

Due Diligence, Environmental Policies, Environmental Social & Governance (ESG), Hazardous Waste, New York

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FTC Advances Negative Option Rulemaking Agenda, Eyeing Broader Regulation of Subscriptions and Automatic Renewals

Today, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking with the stated intent to make it easier for consumers to cancel recurring subscriptions and memberships. This rulemaking is part of the FTC’s…more

Automatic Renewals, Consumer Contracts, Federal Trade Commission (FTC), Proposed Rules, Subscription Services

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New FDA Guidance on AI and Medical Products

n March 15, the U.S. Food and Drug Administration (FDA) published a paper titled “Artificial Intelligence and Medical Products: How CBER, CDER, CDRH, and OCP are Working Together.” This paper describes the FDA’s strategy for…more

Algorithms, Artificial Intelligence, Bias, CDRH, Center for Biologics Evaluation and Research (CBER)

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Top Five Costly Mistakes to Avoid in Commercial Loan Closings

Banks are in the business of making loans. Lenders, underwriters and credit committees do their best to weed out the potentially problematic credits. The approval of a strong credit however is only the beginning. Originally…more

Closing Documents, Commercial Loans, Contract Terms, Post-Closing Rights, Uniform Commercial Code (UCC)

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SEC Proposes Rule Changes Shortening the Securities Settlement Cycle to T+1 By March 31, 2024

On February 9, the Securities and Exchange Commission (SEC) proposed rule amendments to shorten the standard securities settlement cycle for most broker-dealer transactions to one business day after the trade date (commonly…more

Comment Period, Proposed Amendments, Proposed Rules, Public Comment, Securities and Exchange Commission (SEC)

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2020 State Attorney General Actions Offer Guideposts for Companies in the Coming Year

In 2020, state attorneys general spearheaded regulatory actions that addressed some of the most pressing consumer concerns, reaching resolutions on data breaches, for-profit and automobile financing, opioids, medical devices,…more

CARES Act, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Cybersecurity, Loans

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More Privacy, Please - October 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to…more

Biometric Information, Cybersecurity, Data Privacy, Data Protection, Data Security

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Structuring Cross-Border Venture Investments Under the CFIUS Pilot Program

U.S. technology companies raising funds from foreign investors should carefully consider whether the proposed financing transaction can be structured to avoid falling within the purview of the Committee on Foreign Investment in…more

CFIUS, Covered Transactions, Cross-Border Transactions, Emerging Technology Companies, Export Control Reform Act (ECRA)

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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Navigating Facility Relocation: Legal and Practical Considerations — Regulatory Oversight Podcast

This episode of Regulatory Oversight spotlights a recent episode of The Consumer Finance Podcast, "Navigating Facility Relocation: Legal and Practical Considerations," featuring David Dove from our Regulatory Investigations,…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Regulatory Reform, Financial Services Industry, Regulatory Oversight

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Time to Assess "Foreign Private Issuer" Status - 2023

It is time to assess “foreign private issuer” status. Foreign public and private issuers enjoy the benefits of significant exemptions and exclusions from registration under U.S. federal securities laws based on whether they are…more

Capital Markets, Foreign Private Issuers, Publicly-Traded Companies, Registration Statement, Securities Regulation

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Seven Top Trends in COVID-19 Litigation Targeting Business Practices

The unprecedented health emergency and closely related economic crisis created by COVID-19 have triggered a wave of putative class action and individual lawsuits targeting a wide range of businesses…more

Advertising, Banks, CARES Act, Coronavirus/COVID-19, Employer Liability Issues

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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way…more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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FTC Seeks Public Comment on Potential Franchise Rule

The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise…more

Biden Administration, Comment Period, Federal Trade Commission (FTC), Franchises, FTC Franchise Rule

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Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array of…more

Contract Terms, Energy Contracts, Energy Sector, Force Majeure Clause, Oil & Gas

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US Supreme Court Limits Scope of Omission Liability for Section 10(b) Securities Fraud Claims

On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934…more

Failure To Disclose, Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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SEC Adopts Final Rules Amending and Modernizing Beneficial Ownership Reporting Requirements

On October 10, the Securities and Exchange Commission (SEC) adopted, by a bipartisan 4-1 margin, the final rules to amend and modernize the regulations governing beneficial ownership reporting under Sections 13D and 13G of the…more

Beneficial Owner, Business Ownership, Filing Deadlines, Final Rules, Regulatory Reform

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Legal Considerations for Establishing Operations in the United States

The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world…more

Business Operations, Business Taxes, CFIUS, Delaware General Corporation Law, FCPA Guidance

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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PFAS to Drive Environmental Enforcement in 2019

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging…more

CERCLA, Department of Environmental Quality, Drinking Water, Environmental Claims, Environmental Liability

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US Supreme Court to Decide Fate of Chevron Doctrine in Potentially Watershed Administrative Law Case

On May 1, the U.S. Supreme Court granted review in Loper Bright Enterprises v. Raimondo, No. 22-451, on the question of whether to overturn or limit Chevron deference, the controversial doctrine that requires courts to defer to…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, SCOTUS

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Time to Build Your Team?

Optimism in the face of uncertainty is one of the key distinguishing traits that separates those willing to risk it all and found a new venture from the rest of the pack. Uncertainty looms in the macro economy, and yet, now…more

Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules, Restrictive Covenants

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UPDATE: Montana District Court Vacates EPA’s “Secret Science” Rule

The EPA’s “Secret Science” rule establishing new standards for consideration of certain “pivotal” scientific studies, which was slated to go into effect on January 6, 2021, has been vacated and remanded by the U.S. District…more

Administrative Procedure Act, Environmental Protection Agency (EPA), Remand, Vacated

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Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan…more

Compensation & Benefits, Competition, Deferred Compensation, Employee Benefits, Employees

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CFPB and DOJ Reinforce Federal Housing Protections for the Military Community

The Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) issued joint letters, restating the federal housing protections afforded to military servicemembers during the COVID-19 pandemic. While some…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Military Service Members, SCRA

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Exploring the Future of Open Banking: A Discussion on CFPB's 1033 Proposed Rule – Crossover Episode With Regulatory Oversight Podcast – The Consumer Finance Podcast

In this special crossover episode with Regulatory Oversight podcast, Ashley Taylor is joined by Kim Phan and Kristen Eastman to discuss the Consumer Financial Protection Bureau's (CFPB) 1033 proposed rule, also known as the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Proposed Rules, Regulation Z

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Continuous Cessation of Labor on Construction Projects Can Trigger Statutory Remedy Deadlines

State and local governments throughout the country continue to issue orders in response to the novel coronavirus (COVID-19) outbreak. Many states have ordered the shutdown of all businesses, with various exceptions such as…more

Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Delays

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FDIC Makes Bank Merger Policy a Priority This Year

On February 7, Acting Chairman Martin J. Gruenberg announced the Federal Deposit Insurance Corporation's (FDIC) priorities for 2022, including undertaking a comprehensive review of the process of considering and evaluating bank…more

Bank Merger Act, Banks, FDIC, Mergers

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Foreign Private Issuers Escape Potential Section 16 Reporting Obligations … For Now

Foreign private issuers (FPIs) may have dodged a bullet on December 7 after Congress scrapped a proposal to impose the reporting obligations under Section 16 of the Exchange Act of 1934, as amended (Exchange Act), on FPIs that…more

Foreign Private Issuers, NDAA, Reporting Requirements, Section 16, Securities and Exchange Commission (SEC)

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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How to Avoid a Similar Fate? SEC Charges Firms With Record-Keeping Violations for Off-Channel Communications

On February 9, the Securities and Exchange Commission (SEC) announced settlements with 16 firms relating to record-keeping violations stemming from off-channel communications totaling $81 million. The 16 firms were five…more

Broker-Dealer, Electronic Communications, Enforcement Actions, Instant Messaging Apps, Investment Adviser

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Illinois Brick Simplified: U.S. Supreme Court Rules That Purchasers from iPhone App Store Can Sue Apple Despite the Fact that Apple Does Not Set App Prices

On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class…more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Apple, Direct Purchasers

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Keeping Yourself Accountable to Client Feedback

One of the many benefits of receiving client feedback is that it is often candid. Clients are not shy about stating what they want or need and what can be improved. This gives attorneys a great roadmap for client development…more

Client Services, Law Firm Ownership, Law Practice Management, Professional Development

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Requests for Remote Work Accommodations Require Individualized Assessments

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Employee Benefits, Employer Liability Issues

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California Court of Appeal Affirms Grant of Summary Judgment Against Health Care Provider in Win for Managed Care Payors and Claims Administrators

The California Court of Appeal, in a major win for managed care payors and claims administrators, affirmed a lower court decision granting summary judgment in favor of United Healthcare (United), finding that United did not…more

Binding Agreements, Breach of Contract, Health Care Providers, Health Insurance, Healthcare

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit…more

Consumer Financial Products, Financial Markets, Financial Services Industry, Leveraged Loans, Reves v Ernst & Young

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No-Poach Case Against HP Dismissed for Failure to Allege a Plausible Conspiracy

Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what…more

Antitrust Litigation, Cartwright Act, Employer Liability Issues, No-Poaching, Sherman Act

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Recent Cases Demonstrate DOJ Strategy of Deferred Prosecution Agreements Alongside False Claims Act Suits

Two recent cases suggest that the Department of Justice (DOJ) may be more open to deferred prosecution agreements (DPAs) as a vehicle to resolve False Claims Act (FCA) suits. Just recently on January 4, the U.S. Attorney’s…more

Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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SDNY Ramps Up Pressure on Companies to Voluntarily Disclose Wrongdoing

On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or private…more

Bribery, Corporate Liability, Corporate Misconduct, Corruption, Department of Justice (DOJ)

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New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”…more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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Right-to-Repair Movement Without Right-to-Repair Laws

The “right-to-repair” movement continues to gain momentum, and as predicted, litigation has started even in the absence of enacted right-to-repair laws. In a recently filed class-action complaint in the U.S. District Court for…more

Antitrust Violations, Class Action, Right to Repair, Sherman Act

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Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fourth…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, RICO, Trade Secrets

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CFPB Constitutional Questions Persist

Issues of CFPB constitutionality and structural deficiencies remain after the 2020 U.S. Supreme Court decision in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020). In recent oral argument before the…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Services Industry

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SEC's New "Accredited Investor" and "QIB" Definitions May Expand Potential Private Fund Investor Pool

In light of recent amendments adopted by the U.S. Securities and Exchange Commission (the SEC), the pool of potential investors for private fund managers may be expanding…more

Accredited Investors, Financial Regulatory Reform, Investment Funds, Private Funds, Qualified Institutional Buyers

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CARES Act Provider Relief Fund: July 2020 Update

Since April 2020, many health care providers have received payments from the CARES Act Provider Relief Fund (PRF) in the form of general or targeted distributions. Many providers have questions about receiving and using these…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, HRSA

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State AGs Choose Products Liability Case as Battleground for State Sovereignty

A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the coalition…more

Life Sciences, Merck, Pharmaceutical Industry, Preemption, Prescription Drugs

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Securities Industry Arbitrations and Litigation Update: FINRA Reaffirms Its Commitment to Enforcement Actions In Connection with the Protection Of Elderly Investor Customers

Mindful of the impending retirement of many millions of investors in the “baby boomer” generation, which hold a substantial amount of the world’s wealth, the Financial Industry Regulatory Authority (FINRA) continues to heavily…more

Arbitration, Consumer Financial Products, Elder Issues, Enforcement Actions, Exploitation

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FinCEN Proposes New Investment Adviser AML Rule

On February 1/3, the Financial Crimes Enforcement Network (FinCEN) proposed a new rule (the Proposed Rule), that, if adopted, would add certain investment advisers to the definition of “financial institution” under the Bank…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Customer Due Diligence (CDD)

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Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to…more

Acceleration, Claim Procedures, Construction Contracts, Construction Disputes, Construction Litigation

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Key Considerations for the 2021 Reporting Season

As public companies prepare for the 2021 reporting season, they will need to consider new SEC disclosure requirements and guidance. In addition, public companies must evaluate the impact of the COVID-19 pandemic (COVID-19),…more

Coronavirus/COVID-19, Disclosure Requirements, Financial Statements, Form 10-K, GAAP

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EPA Issues Long-Awaited Update to CWA Financial Capability Assessment

The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of delinquent bills and the termination of service. The affordability of water and…more

Clean Water Act, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Four Principles Private Equity Investors and Strategic Acquirers Can Teach Each Other in a Slowing and Ever-Changing Deal Market

After an overheated 2020 and 2021, the U.S. economy is slowing down in the face of increasing uncertainty — and is taking the deal market with it. We expect 2022′s slowing deal market to stay that way into 2023. As importantly,…more

EBITDA, Investment, Investors, Private Equity

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State AG on the Move: Vermont Attorney General TJ Donovan

On June 10, Vermont Attorney General TJ Donovan announced his resignation as attorney general as of Monday, June 20 to become the director of public policy and U.S. state strategies for Roblox, an online gaming company. This…more

Resignation, State and Local Government, State Attorneys General

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FTC and CFPB Crack Down on Military Lending Act Violations

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) highlighted their efforts to aggressively enforce provisions of the Military Lending Act (MLA) in a recently issued press release and…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Federal Trade Commission (FTC), Financial Services Industry, Military Lending Act

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Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this…more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Private Equity Roundtable Discussion with Hamilton Lane - Getting the Band Together: Club Deals & Co-Investment Fundraising Are on the Rise (Video C)

As the PE dealmaking environment heated up in the past decade, limited partners (LPs) have sought to gain even more exposure to the asset class. Simultaneously, general partners (GPs) at PE firms have begun to band together more…more

General Partnerships, Investors, Limited Partnerships, Private Equity, Private Equity Firms

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'Obvious Over What?' LKQ's En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head

Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility…more

Design Patent, Intellectual Property Protection, Obviousness, Patent Trial and Appeal Board, Patents

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CCPA Enforcement Area No. 1 - The Infamous "Do-Not-Sell" Button

Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array of…more

Contract Terms, Energy Contracts, Energy Sector, Force Majeure Clause, Oil & Gas

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Texas Appellate Court Affirms Grant of Governmental Immunity From Suit Seeking Delay Costs

Triple B Servs., LLP v. City of Conroe, No. 09-21-00096-CV, 2022 Tex. App. LEXIS 4824, 2022 WL 2720451 (Tex. App. July 14, 2022) - The Texas Court of Appeals recently affirmed a ruling, granting the city of Conroe…more

Breach of Contract, Construction Contracts, Construction Industry, Immunity

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Preventing Limitation of Liability End-Runs

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Project

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance video…more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Duty to Preserve, Electronically Stored Information

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Oregon Bill Proposes to Replace Escrow Deposit System With “Equity Assessment” for Certain Tobacco Product Manufacturers

The Oregon Legislature’s 2023 regular session kicked off with a bang for the tobacco industry when House Bill 2128 (HB2128) was introduced at the request of Attorney General Ellen Rosenblum who also happens to the be…more

Escrow Accounts, Manufacturers, Tobacco, Tobacco Regulations

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Bankruptcy Court Recharacterizes Alleged Loan as Equity Under Delaware Law

When is a loan not a loan? The SDNY Bankruptcy Court in In Re: Live Primary, LLC held that a $6 million start-up loan was actually an equity contribution after analyzing the terms of the transaction and the intent of the…more

Bankruptcy Code, Bankruptcy Court, Corporate Counsel, Creditors, Debtors

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Driving Change: Scaling Up EVs in the U.S.

We are pleased to publish our latest white paper, entitled Driving Change: Scaling Up EVs in the U.S." The report highlights the challenges of expanding electric vehicles (EVs) and EV battery manufacturing in the U.S. Outdated…more

Air Pollution, Automotive Industry, Carbon Emissions, Charging Stations, Clean Energy

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Wire Fraud Scams: What You Need to Know - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Chris Willis and his colleagues and fellow Partners Mary Zinsner and Susan Flint as they discuss the current landscape of wire fraud scams in the financial services industry…more

Business E-Mail Compromise (BEC), Creditors, Cyber Crimes, Cybersecurity, Email

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SEC Proposes Rule Amendments for Beneficial Ownership Reporting

On February 10, the Securities and Exchange Commission (SEC) proposed rule amendments to modernize beneficial ownership reporting under Sections 13(d) and 13(g) of the Exchange Act. Under the current rules, beneficial owners of…more

Beneficial Owner, Proposed Rules, Schedule 13D, Securities and Exchange Commission (SEC), Securities Exchange Act

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General Counsel of the CFPB Delivers Remarks Focusing on Medical Collections and Tenant Screening

In a recent speech at the National Consumer Law Center/National Association of Consumer Advocates Spring Training, Seth Frotman, General Counsel of the Consumer Financial Protection Bureau (CFPB or Bureau), focused on medical…more

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

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Third Circuit Applies Expansive Definition of 'Fair and Equitable' to Campus Sexual Misconduct Proceedings

In a precedential decision issued on May 29, the U.S. Court of Appeals for the Third Circuit reversed the lower court’s dismissal of a complaint filed against a private university alleging discrimination under Title IX and…more

Breach of Contract, Cross Examination, Dear Colleague Letter, Disciplinary Proceedings, Educational Institutions

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Electronically Stored Information Discovery in Arbitration

Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the construction bar. Originally published on…more

Arbitration, Construction Disputes, Discovery, Electronically Stored Information

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FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product…more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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SEC Releases New Guidance on Tailored Shareholder Reports

On January 19, 2024, the Division of Investment Management staff at the Securities and Exchange Commission (SEC), released several responses to frequently asked questions (FAQs) related to the adoption of rules and form…more

Division of Investment Management, EFTs, Investment Company Act of 1940, Investment Management, Investors

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DOL Publishes Final Independent Contractor Rule

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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What Are a Disclosure Statement and a Plan, and What Are the Key Elements of These Documents? – Creditor’s Rights Toolkit

Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong…more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

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PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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CFPB Relaxes Underwriting Requirement for Small Dollar Lending

The Consumer Financial Protection Bureau (CFPB) issued a final rule on July 7, 2020 rescinding the mandatory ability to repay underwriting provisions on small dollar loans that it had previously announced under 12 C.F.R. § 1041…more

Ability-to-Repay, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Small Dollar Lenders

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Microsoft 365 eDiscovery Updates: Legal and Technical Developments

eMerge attorneys and technologists recently presented a two-part webinar series on the legal and technical considerations for corporations using Microsoft 365 to satisfy their eDiscovery obligations…more

Client Services, Data Management, Discovery, e-Discovery, Electronically Stored Information

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Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On…more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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Delaware Updates Rules for Equity Award Delegations

A board of directors of a Delaware company may delegate its authority to grant equity awards if certain requirements enumerated in the Delaware General Corporation Law (DGCL) are met. Effective August 1, 2023, updates were made…more

Board of Directors, Compensation & Benefits, Delaware, Delaware General Corporation Law, Delegation Authority

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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New Disclosure Requirements for Public REITs' Share Repurchases

On May 3, the Securities and Exchange Commission (SEC) adopted final amendments that call for certain quantitative and qualitative disclosure requirements with respect to repurchases of an issuer’s equity securities that are…more

10b5-1 Plans, Disclosure Requirements, New Amendments, Publicly-Traded Companies, Regulatory Reform

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FDA Draft Guidance Instructs Sponsors on Content and Timing of Diversity Plans for Clinical Trials

For several years, FDA has advanced a policy of increasing diversity in clinical trial populations. During that time, FDA issued broad policy statements, as well as guidance on improved data collection and steps sponsors could…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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State of the Law: Contours of State False Claims Acts and How to Stay Out of Harm’s Way - Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Stephen Piepgrass welcomes Regulatory Investigations, Strategy + Enforcement Partner Amy Williams and Health Sciences Partner Asher Funk to discuss the similarities and differences…more

Enforcement, False Claims Act (FCA)

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Ninth Circuit Reverses District Court, Sending Opportunity Financial Lawsuit to Arbitration

The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Federal Arbitration Act, Financial Services Industry

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Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On…more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way…more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Protecting Your Company From Increased Scrutiny After Release of ARCOS Opioid Data

In July, The Washington Post published data showing approximately 76 billion oxycodone and hydrocodone pills were purchased and sold in the Unites States from 2006 to 2012. The data came from the Automation of Reports and…more

Attorney-Client Privilege, Controlled Substances, Criminal Investigations, Data Management, DEA

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USPTO Director Review — Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings at the U.S. Patent Office…more

America Invents Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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The 100-Day Program at the ITC

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in…more

28 U.S.C. § 1295(a)(6), Administrative Law Judge (ALJ), Article III, Federal Pilot Programs, International Trade Commission (ITC)

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More Privacy, Please - August/September 2023

Editor’s Note: As the summer months come to an end, there has been no shortage of privacy news and updates. Oregon signed both a comprehensive privacy law and data broker law, and the SEC adopted new rules regarding the…more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy

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Modeling the Market: The National Venture Capital Association Revises its Model Documents

The National Venture Capital Association (NVCA) published on July 28, 2020 an updated suite of model venture capital financing documents that reflect the current events shaping the investment climate, and for the first time,…more

CFIUS, Critical Infrastructure Sectors, Emerging Growth Companies, FIRRMA, Foreign Investment

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FinCEN Proposes New Investment Adviser AML Rule

On February 1/3, the Financial Crimes Enforcement Network (FinCEN) proposed a new rule (the Proposed Rule), that, if adopted, would add certain investment advisers to the definition of “financial institution” under the Bank…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Customer Due Diligence (CDD)

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Cracking the SAFE: Opening the Banking Industry to Cannabis

On March 26, the U.S. House Committee on Financial Services is scheduled to mark up the Secure and Fair Enforcement (SAFE) Banking Act of 2019. This Act aims to allow banks and financial institutions to engage in business…more

Bank Secrecy Act, Banks, Decriminalization of Marijuana, Forfeiture Statutes, Legislative Agendas

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SEC Division of Examinations Announces 2021 Examination Priorities

On March 3, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (Division), formerly known as the Office of Compliance Inspections and Examinations, announced its examination priorities for fiscal year…more

Broker-Dealer, Investment Adviser, OCIE, Retail Investors, SEC Examination Priorities

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Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are..…more

Appellate Courts, Construction Industry, Construction Project, Liens, Mechanics Lien

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John Coates Calls for SPAC Myth-Busting

In a recent interview with Law360 , Harvard Law Professor and former U.S. Securities and Exchange Commission official John Coates expressed the need for regulators to be more aggressive in disputing myths perpetuated by the…more

Initial Public Offering (IPO), Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Second Circuit Affirms De Maison Disgorgement Amount as Reasonable

Executive Summary - On December 16, 2021, the Second Circuit affirmed a lower court’s judgment, ordering disgorgement and imposing a civil penalty involving a defendant (Ms. de Maison) charged with participating in a…more

Disgorgement, Investors, Pump and Dump, Securities and Exchange Commission (SEC)

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FDA Remains Vigilant Against CBD-Related Health Claims

Why It Matters - In March 2021, the FDA issued four warning letters to CBD companies around the country. The administration takes a strong stance on product labelling and marketing efforts containing health claims about CBD…more

Cannabidiol (CBD) oil, Cannabis Products, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Claims

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Employee Benefits and Executive Compensation: Getting Ready for 2024 – Top-Hat Plans — Special Edition Podcast

In the final installment of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Jim Earle and Josh Gelfand discuss the basics of top-hat plans — what they are and the necessary steps to ensure…more

Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Executive Compensation

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AB 2257: A Significant Expansion of California Independent Contractor Laws

Q: What are the details of Assembly Bill (AB) 2257 and how does it change the way I utilize independent contractors?…more

ABC Test, Employee Definition, Employer Liability Issues, Exemptions, Gig Economy

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AAA Issues Amended Commercial Arbitration Rules

Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion to…more

American Arbitration Association, Arbitration, Arbitration Agreements, Commercial Arbitration

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Final ESA Rules Include Fundamental Shift in RPMs

On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The…more

Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings

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Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a…more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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CFPB Updates Risk-Based Nonbank Supervision Designation Process

On Tuesday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a procedural rule streamlining the designation proceedings for nonbank supervision based on a particular entity posing “risks to consumers.” As…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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CFPB’s Spring Edition of Its Supervisory Highlights Focuses on Consumer Reporting

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) released the spring edition of its Supervisory Highlights report, providing a high-level overview of alleged unfair, deceptive, or abusive acts or practices…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Consumer Reporting Agencies, Enforcement Actions

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Notable Requirements Under FinCEN's Final Rule Implementing the Corporate Transparency Act Reporting Framework

The Financial Crimes Enforcement Network (FinCEN) has published a final rule, implementing Section 6403 of the Corporate Transparency Act (CTA), with sweeping beneficial owner and company applicant reporting requirements that…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Final Rules, FinCEN

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A Study on the Representation of Women at the International Trade Commission

The International Trade Commission (ITC) is a popular venue for pursuing claims of patent infringement. Its fast procedural schedules and stringent remedies, including blocking infringing products at the United States border,…more

Intellectual Property Protection, International Trade Commission (ITC), Patent Infringement, Patents

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Unraveling the Concept of Garden Leave: Insights From Silicon Valley — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden…more

Contract Terms, Employer Liability Issues, Employment Contract, Garden Leave, Hiring & Firing

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The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out…more

Federal Contractors, HUBZone, NDAA, Prime Contractor, Regulatory Requirements

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Pennsylvania Supreme Court Voids No-Hire Provision in Service Contract Between Two Employers

Q: I heard that companies entering into commercial contracts in Pennsylvania can no longer restrict each other from hiring their employees. Is that true?…more

Employer Liability Issues, Hiring & Firing, No-Hire/No-Solicitation Agreements, No-Poaching, PA Supreme Court

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Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body camera…more

Body Worn Cameras, Law Enforcement, Pending Legislation, Police, Police Brutality

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Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for…more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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New York City Enacts Biometrics Law for Food and Drink Establishments, Entertainment Venues, and Retail Stores

New York City’s Biometric Identifier Information Law goes into effect July 9. The law applies to food and drink establishments, places of entertainment, and retail stores in New York City that collect, retain, convert, store, or…more

Biometric Information, Data Collection, Data Privacy, Facial Recognition Technology, Fingerprints

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EPA Makes Major Changes to Risk Management Program Under Clean Air Act

On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three…more

Clean Air Act, Employees, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product…more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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No Standing for Injunctive Relief: Eleventh Circuit Vacates Brain Performance Supplement Class Action Settlement

On April 12, the Eleventh Circuit Court of Appeals vacated an $8 million class-action settlement for lack of standing. While the issue was not raised by the district court or either party on appeal, the court ruled that the…more

Class Action, Injunctive Relief, Standing, Vacated

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Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this…more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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California Appeals Court Determines ADA Not Applicable to E-Commerce Websites Lacking a Brick-and-Mortar Store

The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, E-Commerce, Public Accommodation, Website Accessibility

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SEC Releases New Guidance on Tailored Shareholder Reports

On January 19, 2024, the Division of Investment Management staff at the Securities and Exchange Commission (SEC), released several responses to frequently asked questions (FAQs) related to the adoption of rules and form…more

Division of Investment Management, EFTs, Investment Company Act of 1940, Investment Management, Investors

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Reexamination in IPR and PGR Practice – Patents: Post-Grant Podcast

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In the final installment of this…more

Inter Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patents, Post-Grant Review

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Talk About Competition! New York City Considers Three Different Noncompete Bans

Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,…more

Competition, Employees, Employment Contract, Financial Industry Regulatory Authority (FINRA), Freelance Workers

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IRA Insight: IRA Targets Domestic Production of EV Batteries and DOE Publishes List of Current EVs Eligible for New Clean Vehicle Credit

I. Introduction - President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on August 16, as we provided in our extensive summary. The IRA includes landmark investment opportunities in domestic energy…more

Department of Energy (DOE), Electric Vehicles, Inflation Reduction Act (IRA), Tax Credits

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Big News from the Supreme Court in the Madden v. Midland Funding Case

While far from certain, this development shows that the Supreme Court is interested in the case and will likely give weight to the Solicitor General’s recommendation as to whether the Second Circuit’s ruling should be reviewed…more

Consumer Lenders, Financial Services Industry, Madden v Midland Funding, Online Marketplace Lending, SCOTUS

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What’s in a Patty: Does a Veggie Burger by Any Other Name Taste as Good?

Imitation meat has become ambitious. In contrast to past meat alternatives such as tofu or seitan, new meat substitutes are advertised as almost indistinguishable from the real thing. Advertising also focuses on current…more

Advertising, First Amendment, Food and Drug Administration (FDA), Food Labeling, Food Marketing

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How Can I Claim a Business Bad Debt Deduction?

The Internal Revenue Code permits a business bad debt deduction when a customer fails to pay for the services rendered or the products supplied by your business. However, the ability to claim an ordinary deduction with respect…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtor-Creditor, Debtors

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Delaware Supreme Court Confirms Dual MFW Protections Are Needed Outside of the Freeze-Out Merger Context for Application of Business Judgment Rule

In In re Match Group, Inc. Derivative Litigation, the Delaware Supreme Court held that the dual procedural protections announced in the seminal case of Kahn v. M & F Worldwide Corp. (MFW) are required in order to shift the…more

Business Judgment Rule, Controlling Stockholders, DE Supreme Court, Delaware General Corporation Law, Derivative Suit

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OCC Proposes Updated Real Estate Standards for Bank Premises

On January 4, the Office of the Comptroller of the Currency (OCC) issued a proposed rule (Proposal) that would amend the requirements applicable to ownership of real property by national banks and federal savings associations…more

Banking Sector, Banks, OCC, Real Estate Market

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SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court reestablished…more

Arbitration, Arbitration Agreements, Class Action, Employment Litigation, Federal Arbitration Act

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Rhode Island and Minnesota Latest States with Bills Opting Out of Federal Banking Law Allowing Interest Rate Exportation

On February 12, ten Rhode Island senators introduced S 2275, a bill proposing to opt Rhode Island out of §§ 521-523 of the Depository Institutions Deregulation and Monetary Control Act (DIDMCA). On February 13, HF 3680 was…more

Banks, Borrowers, Credit, Depository Institutions, DIDMCA

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California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction…more

Construction Contracts, Construction Litigation, Construction Project, Contract Disputes, Contract Terms

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Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and grand…more

Antitrust Division, Antitrust Provisions, Criminal Liability, Data Preservation, Department of Justice (DOJ)

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SEC Releases New Guidance on Tailored Shareholder Reports

On January 19, 2024, the Division of Investment Management staff at the Securities and Exchange Commission (SEC), released several responses to frequently asked questions (FAQs) related to the adoption of rules and form…more

Division of Investment Management, EFTs, Investment Company Act of 1940, Investment Management, Investors

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SEC Responds to Warren's Letter on Authority to Regulate Crypto

On August 5, Securities and Exchange Commission (SEC) Chair Gary Gensler responded to Senator Elizabeth Warren's July 7 letter regarding the SEC's authority to regulate cryptocurrencies, as discussed in our client advisory here…more

Cryptocurrency, Investors, Securities and Exchange Commission (SEC)

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D.C. Circuit Upholds Short Term Plans as Alternative to ACA Plans

On July 17, 2020, a panel majority of the D.C. Circuit Court of Appeals upheld a rule issued by the Department of Treasury, the Department of Labor, and the Department of Health and Human Services (collectively, the…more

Affordable Care Act, Chevron Deference, COBRA, Department of Health and Human Services (HHS), Department of Labor (DOL)

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California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 Listing

On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible…more

Drinking Water, OEHHA, PFAS, Proposition 65, Toxic Chemicals

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PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body camera…more

Body Worn Cameras, Law Enforcement, Pending Legislation, Police, Police Brutality

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Model Risk Management and Its Implications Under the Bank Secrecy Act

On April 9, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies), in consultation with the Financial…more

Bank Secrecy Act, Banking Sector, Banks, BSA/AML, OCC

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What Constitutes an Emergency in Public Contracts?

In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than 1.5…more

Competitive Bidding, Construction Contracts, Contract Drafting, Contract Terms, Delay Claims

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Outlook And Impact Of Coronavirus On Venture Capital Investments And Emerging-Growth Companies

The combined health and economic crisis caused by the outbreak of coronavirus (COVID-19) and subsequent isolation efforts across the world have left many emerging-growth companies with numerous questions about how to get through…more

Capital Investments, Coronavirus/COVID-19, Emerging Growth Companies, Investment, Startups

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Artificial Intelligence — From Risk to Reward: Key Questions to Address When Crafting Generative AI Usage Policies

Generative artificial intelligence (AI) has seemingly infiltrated every aspect of corporate America, and organizations’ legal, compliance, and human resources departments are understandably struggling to keep pace with its…more

Algorithms, Application Programming Interface (APIs), Artificial Intelligence, Cybersecurity, Equal Employment Opportunity Commission (EEOC)

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Developing, Disclosing, and Patenting Technology During National Emergencies

National emergencies, like the one COVID-19 has triggered in the United States, spur technological development, as concerned researchers look for ways to repurpose existing technology or develop new technology to help…more

Confidential Information, Coronavirus/COVID-19, Export Administration Regulations (EAR), Export Controls, Innovation

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You’re in Breach… Now What?

The best-structured loan covenants in credit facilities are flexible enough to allow a borrower to grow, while reducing the lender’s risk of loss. However, many models and projections underlying those covenants are at risk of…more

Investors, Lenders, Private Equity, Private Equity Firms

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Microsoft 365 eDiscovery Updates: Legal and Technical Developments

eMerge attorneys and technologists recently presented a two-part webinar series on the legal and technical considerations for corporations using Microsoft 365 to satisfy their eDiscovery obligations…more

Client Services, Data Management, Discovery, e-Discovery, Electronically Stored Information

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More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive…more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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Three's a Pattern: Kentucky Becomes the 15th State to Enact a Comprehensive Privacy Law

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection KCDPA (the KCDPA) into law, making Kentucky the third state in 2024 to enact a comprehensive privacy law (following New Jersey and New…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Security, Electronic Protected Health Information (ePHI)

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New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance video…more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Duty to Preserve, Electronically Stored Information

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After Multiple Strikes, Final Rules Issued for the No Surprises Act

On August 19, the U.S. Departments of Health and Human Services, Labor, and the Treasury (the Departments) issued final rules implementing the No Surprises Act, known as the “Requirements Related to Surprise Billing: Final…more

Disclosure Requirements, Final Rules, Health Care Providers, Out of Network Provider, Surprise Medical Bills

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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ARRC Formally Recommends CME Group's SOFR Term Rates

On July 29, the Alternative Reference Rates Committee (ARRC) formally recommended the use of the CME Group’s forward-looking Secured Overnight Financing Rate (SOFR) term rates (Term SOFR) as a replacement to the London Interbank…more

Alternative Reference Rates Committee (ARRC), Banking Sector, CFTC, Libor, Secured Overnight Funding Rate (SOFR)

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FDIC Announces Lineage Bank Consent Order Containing Third-Party Risk Management Program and Fintech Partnership Orders

The Federal Deposit Insurance Corporation (FDIC) recently announced a consent order with Tennessee-based Lineage Bank containing orders relating to the bank’s third-party risk management program and its financial technology…more

Banks, Consent Order, Consumer Financial Products, FDIC, Financial Regulatory Reform

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CFPB Backs Connecticut and California Bills to Prohibit Medical Debt Reporting

Recently, the Consumer Financial Protection Bureau (CFPB or Bureau) submitted letters to senators in Connecticut and California supporting their proposals to prohibit medical debt reporting…more

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

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SEC Reiterates Auditor Responsibilities in Risk Assessment

Independent auditors have been placed on notice to tighten internal fraud investigations following an October 11 statement by the U.S. Securities and Exchange Commission’s (SEC) chief accountant, which can be found here. This…more

Auditors, Audits, Enforcement Actions, PCAOB, Risk Assessment

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FINRA’s First Disciplinary Action Targeting Firm’s Use of Social Media Influencers

The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a financial…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Influencers, Investment Opportunities, Misleading Statements

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USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights

While energy production gets a lot of attention, how that energy gets to end users is just as important. In this video, Troutman Pepper’s Brooks Smith and Brian Harms look at natural gas pipelines and other energy transmission…more

Clean Energy, Electricity, Energy Market, Energy Projects, Energy Sector

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FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued its…more

Federal Trade Commission (FTC), SCOTUS, Section 5, Sherman Act, The Clayton Act

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FTC Extends Comment Period on Proposed Ban of Noncompete Agreements

The Federal Trade Commission (FTC) continues to pursue its campaign against noncompete clauses. On January 5, the FTC voted 3-1 to publish a notice of proposed rulemaking, which, if implemented, would bar employers from entering…more

Comment Period, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules

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Discretionary Denials at the PTAB: What to Expect? - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB. In this…more

Denial of Institution, Inter Partes Review (IPR) Proceeding, New Guidance, Parallel Proceedings, Patent Litigation

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Protecting Intellectual Property - Investment Management Roundtable Discussion

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on now…more

Acquisitions, Asset Management, Copyright, Data Privacy, Intellectual Property Protection

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Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors

Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or suppliers…more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

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Understanding the RICO Enterprise Requirement - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fifth…more

Racketeering, RICO, White Collar Crimes

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Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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FTC Issues Policy Statement Confirming Its Position That Improperly Listing Patents in the Orange Book May Be Considered a Violation of the FTC Act

The Federal Trade Commission (FTC) has released a new Policy Statement addressing one of its long-standing concerns in the pharmaceutical industry: the improper listing of patents in the Orange Book. In an open meeting of the…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), FTC Act, Generic Drugs, Hatch-Waxman

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Right to Try Legislation: Worthwhile or Window Dressing?

"Right to Try" legislation, which enables terminally ill patients or patients with a "life threatening disease or condition" to seek access to investigative drugs with little to no oversight from the FDA, has been enacted in 38…more

Biopharmaceutical, Clinical Trials, Expanded Access Programs (EAPs), Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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NCAA Enforcement Standards - Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Name and Likeness, NCAA, Student Athletes

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Virtual Trials Are No Longer Just a Remote Possibility

On August 6, the U.S. District Court for the Middle District of North Carolina (M.D.N.C.) completed a five-day bench trial that was conducted entirely by videoconference…more

Coronavirus/COVID-19, Court Closures, FRCP 43, Infectious Diseases, Judicial Proceedings

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Maryland Federal Court Denies Mortgage Servicer’s Motion to Dismiss Borrowers’ RESPA Claim

The United States District Court for the District of Maryland recently denied a mortgage servicer’s motion to dismiss a putative class action claim pursuant to the Real Estate Settlement Procedures Act (RESPA) § 2605(g),…more

Borrowers, Escrow Accounts, Financial Services Industry, Mortgage Servicers, Mortgages

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What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal?

In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and…more

Advertising, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Manufacturers, Marketing

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SEC Proposes Rule Changes Shortening the Securities Settlement Cycle to T+1 By March 31, 2024

On February 9, the Securities and Exchange Commission (SEC) proposed rule amendments to shorten the standard securities settlement cycle for most broker-dealer transactions to one business day after the trade date (commonly…more

Comment Period, Proposed Amendments, Proposed Rules, Public Comment, Securities and Exchange Commission (SEC)

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The Stick and the Carrot: DOJ Continues to Eye Corporate Crimes, While Encouraging Prompt Self-Disclosures of Misconduct Discovered During M&A

On October 4, Deputy Attorney General (DAG) Lisa Monaco announced the Department of Justice’s (DOJ) new Safe Harbor Policy for voluntary self-disclosures made in connection with mergers and acquisitions (M&A). This policy is a…more

Compliance, Cooperation, Corporate Crimes, Corporate Misconduct, Corruption

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Ninth Circuit: Universities May Be Liable Under Title IX for Off-Campus Assaults

In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s…more

Educational Institutions, Liability, Sexual Assault, Sexual Violence Policies, Students

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Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under…more

Anti-Competitive, Antitrust Division, Competition, Department of Labor (DOL), Employees

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Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment…more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

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I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience over…more

Arbitration, Construction Disputes, Construction Litigation, Construction Project, Contract Terms

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Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On…more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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Highlights of the Defend Trade Secrets Act of 2016

The DTSA permits federal civil actions to be brought for the misappropriation of trade secrets if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Misappropriation

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OCC Proposes Rescission of June 2020 CRA Rulemaking and Releases FAQs

The Office of the Comptroller of the Currency (OCC) issued a proposal to rescind its June 2020 Community Reinvestment Act (CRA) rulemaking and replace it with previous rules jointly adopted by the OCC, the Federal Reserve Board…more

Banking Sector, Community Reinvestment Act, FDIC, Federal Reserve, OCC

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U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal and State Employment Laws

On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Delaware Supreme Court Affirms Historic Material Adverse Effect Ruling

On December 7, 2018, the Delaware Supreme Court issued an order affirming the judgment of the Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018). …more

Contract Termination, DE Supreme Court, Fresenius, Material Adverse Effects, Merger Agreements

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SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court reestablished…more

Arbitration, Arbitration Agreements, Class Action, Employment Litigation, Federal Arbitration Act

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Delaware Court Issues Novel Ruling Clarifying Treatment of Cryptocurrency Assets When Evaluating Contract Damages

Judge Paul Wallace of the Delaware Superior Court issued a recent opinion in Diamond Fortress Technologies, Inc. v. EverID, Inc., clarifying the treatment of cryptocurrency assets when calculating damages. The opinion also lays…more

CFTC, Corporate Counsel, Cryptoassets, Cryptocurrency, Initial Coin Offering (ICOs)

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U.S. Supreme Court Agrees To Hear Government’s Appeal Of Sixth Circuit’s Ruling In U.S. v. Quality Stores That SUB Payments Are Not ‘Wages’ Subject To FICA Taxation

On October 1, 2013, the U.S. Supreme Court agreed to hear the federal government’s appeal of the Sixth Circuit’s decision in United States v. Quality Stores, Inc. (In re Quality Stores, Inc.), 693 F.3d 605 (6th Cir. 2012),…more

FICA Taxes, Quality Stores, SCOTUS, Wages

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Supreme Court Scales Back SEC's Disgorgement Remedy

A near-unanimous majority of the U.S. Supreme Court recently upheld, and simultaneously reigned in, the Securities and Exchange Commission’s (SEC’s) ability to obtain disgorgement under the federal securities laws. In the lead…more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

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Environmental Justice in Georgia: Proposal of the Georgia Environmental Justice Act of 2021 (Proposed HB 432)

The topic of environmental justice garnered more attention as the Biden-Harris administration took office. On February 11, HB 432 was introduced by six Democrats in Georgia’s House of Representatives. The proposed bill is titled…more

Environmental Justice, Environmental Policies, Georgia, State and Local Government

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Comptroller of the Currency Cites TBTF Risks at Large Regional Banks

On April 1, Acting Comptroller of the Currency Michael J. Hsu stated that the OCC, under the “significant role” it plays in national bank mergers, is considering certain “resolvability safeguards” with its review of larger bank…more

Banking Sector, Global Systemically Important Banks (G-SIBs), OCC, TLAC, Too Big to Fail

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Regulatory Takings and Executive Power to Seize Property

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In…more

Coronavirus/COVID-19, Eminent Domain, Regulatory Takings

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Great Expectations: HIPAA-Regulated Entities Asked to Know Users' Intent on Unauthenticated Webpages

On March 18, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued an updated bulletin to "increase clarity for regulated entities and the public" with respect to the use of online tracking…more

Authentication, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Internet

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High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act

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Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties…more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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CFPB Request for Information About the Status of Data Brokers Under the Fair Credit Reporting Act - The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his fellow Partner Julie Hoffmeister as they discuss the Consumer Financial Protection Bureau's (CFPB) recent request for information about data brokers and the potential…more

Consumer Financial Protection Bureau (CFPB), Data Brokers, Fair Credit Reporting Act (FCRA)

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Second Circuit Reaffirms that if You Don’t Dispute with the CRA, You Don’t Have a Claim

Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the notification…more

Consumer Reporting Agencies, Credit Reporting Agencies, Credit Reports, Data Brokers, Failure To State A Claim

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Insurance Coverage for Property Damage Caused by Defective Workmanship

One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. Originally published in ConsensusDocs (Vol. 3, No…more

Additional Insured Endorsements, Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Project

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Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education Administrator Needs To Know

With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"…more

Colleges, Copyright, Copyright Applications, Copyright Infringement, Copyright Ownership

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New DOJ Guidance Tightens Corporate Enforcement Strategy

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement…more

Compliance Monitoring, Corporate Crimes, Corporate Culture, Criminal Prosecution, Department of Justice (DOJ)

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EPA Announces Key CCR Policy Amid Alternative Closure Determinations

On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact with…more

Coal Ash, Coal Industry, Environmental Protection Agency (EPA)

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SEC Issues Final Climate Disclosure Rules, Paring Down Its 2022 Proposal, With Implications for Greenwashing Claims

The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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California Attorney General Sponsors Bill Banning Credit Reporting of Medical Debt

On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to credit…more

California, Credit Cards, Credit Reporting Agencies, Credit Reports, Data Collection

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Employee Benefits and Executive Compensation: Getting Ready for 2024 - Qualified Plans — Special Edition Podcast

In the inaugural episode of Troutman Pepper’s three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield, Constance Brewster, and Brianna Hourihan discuss recent legislative developments…more

Compensation & Benefits, Employee Benefits, EPCRS, Executive Compensation, Qualified Retirement Plans

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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way…more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Senate Proposal Opens the Door for More State Antitrust Lawsuits

Senate Proposal Opens the Door for More State Antitrust Lawsuits - On July 14, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Enforcement Actions

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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GLI - Mergers & Acquisitions 2023 - 12th Edition

Overview - The year 2022 started strong but proved to be a mixed year for M&A in what could be described as a return to earth after the record-setting year that was 2021. The U.S. M&A market alone exceeded $2 trillion in 2021…more

Acquisition Agreements, Contract Terms, Corporate Sales Transactions, Merger Agreements, Sandbagging

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The End Is Here — Or Is It? The Public Health Emergency Concludes, but Telehealth Expansion Remains

The COVID-19 Public Health Emergency (PHE) resulted in many changes to the health care system. One of the most dramatic involved the introduction of regulatory flexibilities that enabled the rapid expansion of telehealth. From…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Public Health Emergency

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Going the Distance: The Expanding Lifecycles of Private Equity Funds

Pepper Hamilton annually commissions a survey to keep clients abreast of middle-market private equity trends. This year, with Mergermarket, we surveyed 50 middle-market PE firms regarding fund life cycles. Our findings were no…more

Capital Raising, General Partnerships, Investment, Limited Partnerships, Private Equity Funds

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Health Care M&A Activity Remains Immune to COVID-19

The coronavirus has had a significant impact on health care businesses, the health care industry and health care M&A throughout the United States and abroad. Notwithstanding the impact, top drivers from 2019 continue to fuel…more

Acquisitions, Coronavirus/COVID-19, Infectious Diseases, Mergers

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Seller Beware: FTC Issues Notices of Penalty Offenses in Effort to Combat “Explosion” of Deceptive Endorsements and Advertising

The Federal Trade Commission (FTC or Commission) recently signaled its readiness to take a more aggressive approach when it comes to enforcing consumer protection laws, especially for violations by for-profit colleges and…more

Advertising, AMG Capital Management LLC v FTC, Endorsements, Federal Trade Commission (FTC), Unfair or Deceptive Trade Practices

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Senate Bill Introduced to Ban Forced Consumer Arbitration Clauses

U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Mandatory Arbitration Clauses

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Federal Court Rules Michigan Privacy Law Protects Nonresidents

A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No. 2:19-cv-11889 (E.D. Mich.,…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Protection, Data Security

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John Deere And Farmers Get Creative On 'Right To Repair'

Deere & Co. and the American Farm Bureau Federation — an advocacy group for the agriculture industry — signed a memorandum of understanding in January. The MOU marks a significant moment in the “right to repair”…more

Farmers, John Deere, Manufacturers, Right to Repair

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Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On…more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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SEC Proposes New Investment Adviser Outsourcing Oversight Requirements

On October 26, the Securities Exchange Commission (SEC) kicked off what’s expected to be an active season of fall rulemaking by proposing new Rule 206(4)-11 under the Investment Advisers Act of 1940, as amended (Advisers Act)…more

Comment Period, Form ADV, Investment Adviser, Investment Advisers Act of 1940, Proposed Rules

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Standardization of BIM Implementation in the United States

Advances in digital technology are rapidly changing the way contractors, owners and engineers exchange information and streamline efficiency in the construction industry. A key element of this transformation is building…more

Building Information Modeling (BIM), Construction Project, Infrastructure, Real Estate Development, Technology

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Printed Publications in Post-Grant Reviews

GRÜNENTHAL GMBH v. ANTECIP BIOVENTURES II LLC, PGR2019-00026, -00027, 00028 (PTAB, July 28, 2020) - The PTAB issued decisions in a trio of post-grant reviews. One of the defenses put forward by the Patent Owner was that the…more

Evidentiary Standards, Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Deadline for New UK Contract Requirements for Personal Data Transfers Is Here (EU and California Deadlines Looming)!

Don't Hyperventilate. There are new United Kingdom (UK), European Union (EU), U.S., and global regulatory requirements that just went into effect or will be effective before or soon after year-end that will impact contracts…more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), International Data Transfers

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The CFPB Takes Aim at Overdraft Fees

The Consumer Financial Protection Bureau (CFPB) has a new target: overdraft fees. In a December 1 press call, CFPB Director Rohit Chopra targeted the use of overdraft fees in the consumer banking industry, claiming that some…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Overdraft Fees

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New Jersey Federal Court Reviews Call Transcript to Dismiss FDCPA Complaint

In March, the U.S. District Court for the District of New Jersey granted the defendant’s motion to dismiss a claim that the defendant violated § 1692e(8) of the Fair Debt Collection Practices Act (FDCPA) when it failed to report…more

Consumer Reporting Agencies, Debt, FDCPA, Financial Services Industry, Motion to Dismiss

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Supreme Court Narrows Applicability of Bankruptcy Code's Safe Harbor for Securities-Related Transfers

In a case that could have significant, long-term ramifications for the holders of stock and other securities, the U.S. Supreme Court vastly limited the scope of a Bankruptcy Code “safe harbor” that shields certain transfers made…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Seventh Circuit Revives McDonald's Employee No-Poach Litigation

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the…more

Antitrust Litigation, Antitrust Provisions, Class Action, Employer Liability Issues, Employment Contract

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Chime Financial Fintech Cannot Claim it is a Bank

The Department of Financial Protection and Innovation (DFPI) of California entered a settlement agreement with Chime Financial, Inc. (Chime), a neobank company that is not licensed to operate as a bank or otherwise exempt from…more

Banking Sector, Department of Financial Protection and Innovation (DFPI), Financial Services Industry, FinTech, Popular

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New Jersey Curbs Nonessential Construction Projects

On April 8, New Jersey Gov. Phil Murphy entered Executive Order No. 122 (EO 122), which expands prior business closure orders to include many construction projects throughout the state…more

Construction Project, Coronavirus/COVID-19, Executive Orders, Infrastructure, Operators of Essential Services

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D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country…more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an…more

Educational Institutions, Financial Aid, Financial Assistance Policies, Motion to Dismiss, Statutory Interpretation

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SEC Modernizes Disclosures for Banking Registrants

On September 11, the U.S. Securities and Exchange Commission (SEC) announced the adoption of rules to update and expand the disclosures that banking registrants provide to investors. The new rule has been long in the making…more

Bank Holding Company, Banking Sector, Disclosure Requirements, Financial Institutions, Financial Services Industry

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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New Revenue Recognition Standards Reinforce Need for Precise Accounting Definitions in Transaction Documents

Revenue recognition standards adopted by the Financial Accounting Standards Board (FASB) will become effective over the next two years. In light of the changes, it is a good time to remind ourselves that accounting terms in…more

Accounting Standards, Disclosure Requirements, FASB, GAAP, IFRS

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A Conversation with Georgetown University - COVID-19 Client Stories

At Pepper, we have a proud history of helping universities protect and commercialize the innovations and new discoveries developed on their campuses. That work has continued even during the current COVID-19 crisis. In this…more

Coronavirus/COVID-19, Innovation, Intellectual Property Protection, IP License, Patents

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Health Care Private Equity Trends to Watch in 2022

Private equity interest in the health care sector is at an all-time high, spurred by the digital health revolution, value-based care, and an increased demand for a range of consumer-driven health services…more

Investment, Investors, Private Equity, Private Equity Firms, Private Equity Funds

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What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal?

In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and…more

Advertising, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Manufacturers, Marketing

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More Than a Majority: Chancery Court Provides Rare Guidance on Charter Amendments

It is well known that the Delaware General Corporation Law (DGCL) provides that a majority of the voting power of all stockholders entitled to vote is required for a Delaware corporation to take certain fundamental actions,…more

Acquisitions, Delaware General Corporation Law, Mergers, Proposed Amendments, Special Purpose Acquisition Companies (SPACs)

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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California Federal Court Rules Employer’s Background Check Disclosures Meet FCRA Requirements

A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the…more

Background Checks, Employer Liability Issues, Fair Credit Reporting Act (FCRA), Hiring & Firing, Job Applicants

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

See all updates »

New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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A Victory for Reliable Scientific Opinion in the Third Circuit

A recent Third Circuit decision reinforces that courts must rigorously review - and opposing parties should challenge - the reliability of experts' methodologies. In In re Zoloft (Sertraline Hydrochloride) Products Liability…more

Expert Testimony, Pharmaceutical Industry, Prescription Drugs, Scientific Research, Statistical Analysis

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Delaware Updates Rules for Equity Award Delegations

A board of directors of a Delaware company may delegate its authority to grant equity awards if certain requirements enumerated in the Delaware General Corporation Law (DGCL) are met. Effective August 1, 2023, updates were made…more

Board of Directors, Compensation & Benefits, Delaware, Delaware General Corporation Law, Delegation Authority

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New York Federal Court Finds Failure to Review Account Notes When Investigating a Dispute Could Be Considered Reckless Under the FCRA

In Martinez v. Celtic Bank, the Southern District of New York recently denied a motion for summary judgment finding that a jury could consider an investigation reckless when a furnisher fails to review any records other than a…more

Consumer Reporting Agencies, Credit Cards, Creditors, Delinquency Status, Fair Credit Reporting Act (FCRA)

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Nonprofit, Multi-Borrower Loans and Other Updates to the Main Street Lending Program

Who Needs to Know - Lenders and potential borrowers considering making loans or borrowing under the MSLP. Why It Matters - In the month of September, the Federal Reserve Bank of Boston (Boston Fed) released multiple…more

Borrowers, CARES Act, Coronavirus/COVID-19, EBITDA, Eligibility

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Hub Hub Hooray for the SEC’s FinHub

The SEC is set to challenge the old adage — “the more things change, the more they stay the same” — with the establishment of FinHub as a standalone office. On December 3, the Securities and Exchange Commission (SEC)…more

FinHub, FinTech, Initial Coin Offering (ICOs), Securities and Exchange Commission (SEC)

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A Path to ESG Disclosure

Regardless of your view of the efficacy of ESG disclosure for publicly-traded companies, investors increasingly are insisting on it, and the advisors that can profit from it the most – proxy advisory firms, large accounting…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, MD&A Statements

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Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries…more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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What Can the TV Series Succession Teach Us About Harassment? - Hiring to Firing Podcast

What should employers do when they learn about harassment in the workplace? In Episode 8 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Leah Katz sit down with Sarah Goncher, deputy general counsel…more

Health Care Providers, Workplace Harassment Guidance

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Pinto v. Farmers Insurance Exchange: California Appellate Court Confirms Juries Must Specifically Find Insurer Acted Unreasonably in Bad Faith Failure to Settle Cases

On March 8, the California Court of Appeal issued an important opinion clarifying that the trier of fact in a bad faith “failure to settle” case must specifically find that the insurer acted unreasonably in order to find against…more

Insurance Industry, Insurance Litigation, Jury Instructions, Jury Trial

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AAA Adopts New Mass Arbitration Rules

On January 15, the American Arbitration Association (AAA) issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules (collectively, the New Rules). The New Rules will apply…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Filing Fees

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New FDA Guidance on AI and Medical Products

n March 15, the U.S. Food and Drug Administration (FDA) published a paper titled “Artificial Intelligence and Medical Products: How CBER, CDER, CDRH, and OCP are Working Together.” This paper describes the FDA’s strategy for…more

Algorithms, Artificial Intelligence, Bias, CDRH, Center for Biologics Evaluation and Research (CBER)

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A Look at Consumer Reporting in 2023, and What's to Come

The legal landscape of consumer reporting continues to evolve with courts, federal regulators and state legislatures all playing roles in shaping this area of the law. Originally published in Law360 - January 9, 2024…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Debt, Fair Credit Reporting Act (FCRA)

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New Trademark Fees at USPTO

On January 2, 2021, the U.S. Patent and Trademark Office (Trademark Office) will introduce the modified and new trademark fees summarized below…more

Fees, Trademark Office, Trademarks, USPTO

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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EO Provides CFIUS Guidance on Conducting National Security Reviews

On September 15, President Biden issued Executive Order 14083 (EO) — “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” — providing formal guidance to…more

Biden Administration, CFIUS, Executive Orders, Foreign Investment, National Security

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The Impact On Litigation - Troutman Sanders and Pepper Hamilton COVID-19 Litigation Podcast Series

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In…more

Coronavirus/COVID-19, Court Closures, Court Schedules, Data Collection, Defense Strategies

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SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in…more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Securities Industry Arbitrations and Litigation Update: FINRA Reaffirms Its Commitment to Enforcement Actions In Connection with the Protection Of Elderly Investor Customers

Mindful of the impending retirement of many millions of investors in the “baby boomer” generation, which hold a substantial amount of the world’s wealth, the Financial Industry Regulatory Authority (FINRA) continues to heavily…more

Arbitration, Consumer Financial Products, Elder Issues, Enforcement Actions, Exploitation

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Federal Court in PA Finds Liquidated Damages Provision Unenforceable Where the Per Day Liquidated Damage Amount Was Copied from Contracts for Prior Unrelated Projects Rather than a Project-Specific Forecast of Likely Damages

D.A. Nolt, Inc. v. The Philadelphia Municipal Authority, 2020 BL 199761 (E.D. Pa. May 28, 2020) - The Philadelphia Municipal Authority (the “Authority”) contracted D.A. Nolt, Inc. (“Nolt”) to renovate a building that would…more

Construction Contracts, Construction Disputes, Construction Litigation, Construction Project, Contract Terms

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California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands

A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms, Premises Liability

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FERC Proposes to Largely Eliminate Compensation for Reactive Power

On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities. …more

Comment Period, Energy Policy, FERC, Interconnections, Large Generators

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CFPB Enters Consent Order Against BloomTech Over Misleading Income-Share Agreements

On April 17, the Consumer Financial Protection Bureau (CFPB or Bureau) entered a consent order against BloomTech, a for-profit vocational school, and its CEO, Austen Allred, for deceptive marketing practices related to…more

Consent Order, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears…more

Evidence, Jury Instructions, Jury Trial, Jury Verdicts, Litigation Strategies

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Supreme Court Clarifies Scope of Implied Preemption in Prescription Drug Cases

On May 20, the U.S. Supreme Court issued its latest opinion on preemption in cases involving prescription medications, Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290 (U.S. May 20, 2019)…more

Agency Disapproval, Clear Evidence Standard, Failure To Warn, FDA Approval, Federal v State Law Application

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Powering Through the Environmental Challenges of EV Development - Energy Law Insights

Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors…more

Automotive Industry, Carbon Emissions, Electric Vehicles, Energy Sector, Environmental Policies

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Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

RKI Expl. & Prod., LLC v. Ameriflow Energy Servs., LLC, No. 02-20-00384-CV, 2022 Tex. App. LEXIS 4331 (Tex. App. June 23, 2022) - A recent decision by the Court of Appeals of Texas highlights the perils of failing to…more

Construction Contracts, Construction Industry, Contract Terms, Contractors, Indemnification Clauses

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Impacts of the Inflation Reduction Act on US Battery Developers

More batteries. More people. More urgency to reduce grid queues. These are three key demands from companies in the US battery storage sector if the industry is to take full advantage of the IRA, which became law last…more

Clean Energy, Energy Projects, Energy Storage, Inflation Reduction Act (IRA), Investment Tax Credits

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Proposed Regulations Shed Light on Three-Year Holding Period Requirement for Carried Interest

Introduction and Background - Treasury and the IRS issued proposed regulations on July 31, 2020 under Section 1061 of the Code (Proposed Regulations). Section 1061 effectively creates a three-year holding period requirement…more

Capital Gains, Carried Interest, Economic Substance Doctrine, Holding Periods, Income Taxes

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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Disputes, Contract Interpretation

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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New Hampshire Enacts Comprehensive Privacy Law – SB 255

On March 6, 2024, New Hampshire Governor Chris Sununu signed Senate Bill 255 into law, making New Hampshire the 14th U.S. state to enact a comprehensive privacy law. The law, which becomes effective on January 1, 2025, is only…more

Consumer Privacy Rights, Data Privacy, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Troutman Pepper Weekly Consumer Financial Services Newsletter - April 2024 # 4

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

Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Department of Justice (DOJ)

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Open COVID Pledge and Free Licensing Opportunities: Issues to Consider Before Accepting

Many of the world’s leading technology companies have signed on to the “Open COVID Pledge,” which calls for companies to make intellectual property licensable for free for purposes of ending and minimizing the impact of the…more

Amazon Marketplace, Copyright, Coronavirus/COVID-19, Facebook, Fees

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FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and…more

Climate Change, Comment Period, Energy Policy, Energy Projects, FERC

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President Biden’s Working Group on Financial Markets Issues Report on Stablecoins

On November 1, the President’s Working Group on Financial Markets (PWG), along with the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency, issued a “Report on Stablecoins” (Report) that…more

CFTC, Cryptocurrency, Digital Assets, Securities and Exchange Commission (SEC), Stablecoins

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EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until December 24, 2015

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing…more

Compliance, Continuing Care Retirement Communities, Controlled Substances, Controlled Substances Act, Dental Practice

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Idaho Bankruptcy Court Holds that Later-Recovered Assets Revert to Borrower Absent Plan Provision to the Contrary

What happens to funds recovered by the trustee after the final plan payment is made in a chapter 13 case? According to the U.S. Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those funds…more

Asset Management, Bankruptcy Code, Bankruptcy Court, Borrowers, Chapter 13

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Calif. Banking Brief: The Notable Compliance Updates in Q3

The California Department of Financial Protection and Innovation, or DFPI, continued to have significant influence over legislative and regulatory developments in the third quarter of 2023. Originally published in Law360 -…more

California, Civil Penalty Fund, Consumer Loan Companies, Cryptocurrency, Department of Financial Protection and Innovation (DFPI)

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Proposed Rule Would Allow Expanded Solicitations of Interest Prior to a Registered Public Offering

On February 28, the Securities and Exchange Commission proposed a new rule under the Securities Act of 1933. The new rule 163B would expand the availability to follow-on and other registered offerings and to all issuers of “test…more

Accredited Investors, Comment Period, EGCs, Gun-Jumping, Proposed Rules

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Restructuring In The Time Of Coronavirus

An increasing number of businesses — even those that have traditionally been financially and operationally sound — are now experiencing unanticipated revenue losses as a result of the coronavirus pandemic. Companies may find…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Corporate Restructuring

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US Supreme Court Limits Scope of Omission Liability for Section 10(b) Securities Fraud Claims

On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934…more

Failure To Disclose, Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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FTC Issues Report to Congress on the Fraud Threats Faced by Older Consumers

On October 18, the Federal Trade Commission (FTC) issued a report to Congress in which it outlined its ongoing efforts to protect older Americans from fraud related losses…more

Consumer Fraud, Consumers, Elder Issues, Enforcement Actions, Federal Trade Commission (FTC)

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Do Not Bet on Block Billing Just Yet

In Colonial River Wealth Advisors, LLC v. Cambridge Investment Research, Inc., No. 3:22cv717, 2024 U.S. Dist. LEXIS 3058 (E.D. Va. Jan. 5, 2024), Judge Young granted the prevailing defendant’s fee petition, awarded $227,357 in…more

Attorney's Fees, Billing, Fees, Reasonableness Factors, State and Local Government

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Keys to IRA Tax Breaks for US Green Energy, EV Production

On Aug. 16, President Joe Biden signed the Inflation Reduction Act into law. The legislation includes landmark tax incentives for domestic energy production and manufacturing, with the goal of reducing carbon emissions in the…more

Biden Administration, Clean Energy, Electric Vehicles, Energy Projects, Energy Tax Incentives

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New York State Legislature Adopts Substantial Disclosure Requirements in Certain Commercial Finance Transactions, Including for the Merchant Cash Advance Industry and Others Copy

On Thursday, July 23, 2020, the New York State Legislature voted to approve companion bills (S 5470/A 10118-A), commonly referred to as the “New York State Small Business Truth in Lending Act” (NY TILA). In passing the NY TILA,…more

Banking Sector, Commercial Loans, Department of Business Oversight, Disclosure Requirements, Financial Institutions

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2023 Year in Review and a Look Ahead – The Consumer Finance Podcast

Please join Troutman Pepper Partners Chris Willis and Michael Lacy for a special inside look at our annual publication of the Consumer Financial Services Year in Review and Look Ahead. In our eighth year of publishing this…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Financial Institutions, Financial Regulatory Reform

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Biden to Nominate Privacy Advocate Alvaro Bedoya as an FTC Commissioner

On September 13, President Biden announced his intent to nominate privacy advocate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission (FTC). If confirmed, Bedoya will take the seat currently held by Rohit…more

Biden Administration, Federal Trade Commission (FTC), FTC Commissioners, Presidential Nominations

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FTC Policy Statement Seeks to Expand US Antitrust Enforcement

On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement was…more

Antitrust Provisions, Federal Trade Commission (FTC), FTC Act, Section 5, Sherman Act

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Newly Released CFIUS Enforcement and Penalty Guidelines

The Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), recently issued CFIUS Enforcement and Penalty Guidelines. While CFIUS — the committee that reviews potential national…more

CFIUS, Cross-Border Transactions, Foreign Investment, National Security

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COVID-19 Disruptions Prompt Relief From Certain Public Company Reporting Deadlines - Updated March 25

The U.S. Securities and Exchange Commission (SEC) initially announced on March 4 that it is providing conditional regulatory and time-limited relief from certain filing and periodic reporting obligations under the Securities…more

Coronavirus/COVID-19, Corporate Governance, Publicly-Traded Companies, Relief Measures, Securities and Exchange Commission (SEC)

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FDIC Proposes Increased Scrutiny of Bank Mergers

Today, a divided Federal Deposit Insurance Corporation’s (FDIC) Board of Directors issued a proposed Statement of Policy (SOP) on bank merger transactions that would create a combined bank with more than $100 billion in assets…more

Anti-Competitive, Bank Merger Act, Banks, Comment Period, Corporate Sales Transactions

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COVID-19 Commercial Leasing Trends (Part One)

Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Negotiations, Contract Termination

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Investment Management Update - September 2020

RULEMAKING AND GUIDANCE - SEC Adopts Amendments to Exemptive Applications Procedures - On July 6, 2020, the U. S. Securities and Exchange Commission adopted rule amendments to establish an expedited review procedure for…more

Amended Rules, Compliance, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Ethics

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Overview of Managing Customer Relationships in Troubled Times

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt

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Factually v. Legally Inaccurate Information, The Difference Matters: Court Rejects FCRA Claims Based on Disputed Legal Issue

On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (Trans Union) motion for judgment on the pleadings, denying Blue Sobenes’ (Sobenes) claims…more

Consumer Reporting Agencies, Credit Reports, Debt Buyers, Debt Collection, Fair Credit Reporting Act (FCRA)

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PE Roundtable Discussion With Hamilton Lane - Getting the Band Together: Club Deals and Co-Investment Fundraising Are on the Rise (Video A)

As the PE dealmaking environment heated up in the past decade, limited partners (LPs) have sought to gain even more exposure to the asset class. Simultaneously, general partners (GPs) at PE firms have begun to band together more…more

General Partnerships, Investors, Limited Partnerships, Private Equity, Private Equity Firms

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CA Court of Appeal Affirms Bar on Recovery of Licensed General Contractor for Work Performed by Its Unlicensed Subcontractor

Most are familiar with California’s harsh penalty for unlicensed contractor work. California Business and Professions Code Section 7031 (Section 7031) bars any recovery for compensation for work performed by an unlicensed…more

Construction Industry, Construction Project, Contractors, General Contractors, Subcontractors

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Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a…more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Arbitration

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Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan…more

Compensation & Benefits, Competition, Deferred Compensation, Employee Benefits, Employees

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Federal Government Issues Comprehensive Guidance for Employers Using Form I-9 Software Programs

In the ever-evolving landscape of employment verification, the use of Form I-9 software programs is increasingly prevalent. These programs, often part of an HRIS (Human Resource Information System), streamline the process of…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Bank of America, N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). - ASD Gem Realty LLC and ASD Diamond, Inc. (together, ASD or Owner) contracted Sweet Construction Corp. (Sweet) to renovate a commercial…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Subcontractors

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Disputing Patent-Eligible Subject Matter in PGRs and IPRs - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent-Eligible Subject Matter, Post-Grant Review

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Energy Demand Response Programs and Patent Exposure

“Recently, demand response opportunities for residential customers have been expanding. Where these programs allow energy providers to directly control, through the internet, consumers’ smart thermostats and appliances, energy…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the Federal…more

Abstract Ideas, Animation, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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Analyzing the Impact of the IRA on Energy Storage — Battery + Storage Podcast

In this episode of the Troutman Pepper Battery + Storage Podcast, host Bill Derasmo is joined by Troutman Pepper Partners Anne Loomis and John Leonti to discuss the transformative effects of the Inflation Reduction Act (IRA) on…more

Energy Sector, Energy Storage, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity

In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin after the First Circuit barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation to…more

Bankruptcy Code, Bankruptcy Court, Chapter 13, Debt Collection, Financial Services Industry

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NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law…more

Land Developers, Land Use Restrictions, Municipalities, Real Estate Development, State and Local Government

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District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric…more

Clean Water Act, FERC, Permits, Section 404

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Delaware Court of Chancery Rules Noncompetition Clause Unenforceable By Subsidiaries Unless Identified in Agreement

In Frontline Techs. Parent, LLC v. Murphy (Aug. 23, 2023), the Delaware Court of Chancery rejected enforcement of former employees’ noncompetition restrictions because the agreement language did not prohibit competition with the…more

Former Employee, Non-Compete Agreements, Restrictive Covenants, Subsidiaries

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Federal Court Denies DOJ's Request to File Statement of Interest in Pending McDonald's No-Poach Class Action

The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of…more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Franchises, No-Poaching

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New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”…more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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Private Equity Perspectives: Episode One – A Look Back – and Ahead

As changing market conditions and geopolitical risks continue to pose challenges for dealmakers, it can be difficult to identify and capitalize on opportunities. In this series, members of Troutman Pepper's Private Equity…more

Economic Downturn, Price Inflation, Private Equity

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Government Affairs - The Senate

INTRODUCTION - Although several Senate races are too early or too close to call officially, it appears that Republicans will retain their majority in the 117th Congress. As of Wednesday morning, Senate Democrats have…more

Election Results, Political Candidates, Political Parties, Senate Committees

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Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and grand…more

Antitrust Division, Antitrust Provisions, Criminal Liability, Data Preservation, Department of Justice (DOJ)

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Pennsylvania Supreme Court Decision Broadens Medical Peer Review Protections in Leadbitter v. Keystone Anesthesia Consultants

The Pennsylvania Supreme Court issued an order and opinion on August 17 holding that medical peer review documents do not need to be generated by a “peer review committee” to be protected under the Pennsylvania Peer Review…more

Health Care Providers, Hospitals, PA Supreme Court, Peer Review, Physicians

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Comprehensive Data Privacy Legislation Unveiled in Congress

On April 7, House Energy & Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Senate Commerce Committee Chair Maria Cantwell (D-WA) announced a bipartisan, bicameral draft of comprehensive data privacy legislation, the…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Federal Trade Commission (FTC)

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Court Vacates SEC's Share Repurchase Rule

On December 19, the U.S. Court of Appeals for the Fifth Circuit filed an order vacating the Securities and Exchange Commission's (SEC) share repurchase rule. This action officially kills the share repurchase rule, at least for…more

Final Rules, Repurchase Agreements, Repurchases, Securities and Exchange Commission (SEC), Securities Regulation

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SEC Settlement Shows Commission’s Willingness to Waive Penalties for Investigatory Targets Focusing on Corrective Action

On January 28, the Securities and Exchange Commission (SEC or Commission) issued a press release, announcing the settlement of various fraud charges against a private technology company in light of their “significant remedial…more

Anti-Fraud Provisions, Corporate Counsel, Corrective Actions, Rule 10b-5, Securities Act of 1933

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What Are a Disclosure Statement and a Plan, and What Are the Key Elements of These Documents? – Creditor’s Rights Toolkit

Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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EV Tech Series: IP Enforcement at the ITC and Federal Courts - Battery + Storage Podcast

Over the past decade, there has been a significant push in investing in green and renewable technologies, particularly in battery, solar, and wind technologies. As a result, an increase in patent filings in this space has…more

Energy Sector, Green Energy, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC)

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Recent Developments in Anti-Money Laundering - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Chris Willis and his colleague and fellow Partner Jordi de Llano as they discuss recent developments in anti-money laundering. In this episode, the attorneys examine FinCen’s…more

Anti-Money Laundering, Bank Secrecy Act, Consumer Financial Products, Corporate Transparency Act, Financial Institutions

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More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive…more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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Using Expert Witnesses in FCRA Cases - FCRA Focus

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Jessica Lohr as they discuss the use of expert witnesses in FCRA cases. During this episode the team covers a multitude of relevant topics,…more

Class Certification, Damages, Expert Witness, Fair Credit Reporting Act (FCRA), Federal Industry Standards

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[Webinar] Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations - June 15th, 8:30am EDT

Pepper Hamilton invites you to attend a webinar discussing the unique issues to be considered when acquiring a company that does business with the federal government…more

Acquisition Agreements, Acquisitions, Federal Contractors, Webinars

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

See all updates »

The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Colleges, Educational Institutions, Name and Likeness, NCAA

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

Are You Ready For Your Next Audit?

By now, federal contractors should have taken a hard look at their current Affirmative Action Plan (AAP) policies, procedures and documentation to ensure compliance with the new requirements. Under the Office of Federal Contract…more

Affirmative Action, Audits, Federal Contractors, Hiring & Firing, OFCCP

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Ninth Circuit Reverses District Court, Sending Opportunity Financial Lawsuit to Arbitration

The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Federal Arbitration Act, Financial Services Industry

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ESG and Corporate Reporting

A NIRI Philadelphia chapter virtual meeting addressed new SEC “human capital” disclosure requirements and stricter proxy advisor policies on board diversity that will shape corporate reporting during the coming…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, Human Capital

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Q1 De Novo Bank Trends

There has been recent turmoil in the U.S. stock markets over the past few weeks as the country starts to take steps toward reopening as a result of the pandemic. However, financial institution stocks have been buoyed by…more

Banking Sector, Banks, FDIC, Financial Institutions, Investors

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2023 Privacy Year in Review

Troutman Pepper’s 2023 Privacy Year in Review is a comprehensive analysis of the year’s key developments in privacy, security, and artificial intelligence and offers practical advice for companies navigating the bewildering…more

Cybersecurity, State and Local Government

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Supreme Court Holds Government Agencies are Not Immune from FCRA Liability

On February 8, the U.S. Supreme Court issued a unanimous decision in Department of Agriculture Rural Development Rural Housing Service (USDA) v. Kirtz, holding that the Fair Credit Reporting Act’s (FCRA) clear statutory text…more

Borrowers, Consumer Reporting Agencies, Consumer Reports, Department of Agriculture Rural Development Rural Housing Service v Kirtz, Fair Credit Reporting Act (FCRA)

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OCC Proposes Rescission of June 2020 CRA Rulemaking and Releases FAQs

The Office of the Comptroller of the Currency (OCC) issued a proposal to rescind its June 2020 Community Reinvestment Act (CRA) rulemaking and replace it with previous rules jointly adopted by the OCC, the Federal Reserve Board…more

Banking Sector, Community Reinvestment Act, FDIC, Federal Reserve, OCC

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Driving Change: Scaling Up EVs in the U.S.

We are pleased to publish our latest white paper, entitled Driving Change: Scaling Up EVs in the U.S." The report highlights the challenges of expanding electric vehicles (EVs) and EV battery manufacturing in the U.S. Outdated…more

Air Pollution, Automotive Industry, Carbon Emissions, Charging Stations, Clean Energy

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Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,…more

California, Discrimination, Employees, Employer Liability Issues, Healthcare

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Ninth Circuit Rejects Retroactive Consent for Recording Website Users

On May 31, the Ninth Circuit issued a memorandum disposition in Javier v. Assurance IQ, LLC, addressing two important questions in California: (1) whether a business can record user interactions on its website without their…more

Consent, Corporate Counsel, Invasion of Privacy, Video Recordings, Websites

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NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber service…more

Health Care Providers, Manufacturers, Meals-Gifts-and Entertainment Rules, Pharmaceutical Industry, Physician Payments

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Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong…more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

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The Changing Landscape of State AG Antitrust Enforcement — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Ashley Taylor is joined by his colleague Drew Mann to discuss the recent increase in antitrust actions by state attorneys general (AGs) and the potential impact of the State Antitrust…more

Acquisitions, Antitrust Division, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ)

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Women at the ITC in 2023: What This Year's Data Shows

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are…more

Administrative Hearings, Administrative Law Judge (ALJ), Diversity and Inclusion Standards (D&I), Imports, Intellectual Property Protection

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PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which…more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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OCC Publishes Semiannual Risk Perspective for Fall 2020 – Key Issues and Effects of COVID-19

Why It Matters - On November 9, the Office of the Comptroller of the Currency’s (OCC) National Risk Committee issued its Semiannual Risk Perspective for fall 2020 (Report), providing a review of issues facing banks and…more

CARES Act, Coronavirus/COVID-19, OCC, Paycheck Protection Program (PPP)

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Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast

In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of integrating…more

Defense Strategies, Juror, Jury Selection, Jury Trial, Litigation Strategies

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Utah State Court Rejects Claim Based on Debt Collector’s Alleged Failure to Register Under Collection Agency Act

The Utah court of appeals has recently affirmed the dismissal of a plaintiff’s suit against a debt buyer based on its alleged failure to register as a collection agency prior to filing collection lawsuits. The court’s decision…more

Collection Agencies, Consumer Litigation, Debt Buyers, Debt Collection, Debt Collectors

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Post-Injunction Enforcement — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Colleges, Compensation & Benefits, Name and Likeness, NCAA

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Ninth Circuit Rejects Retroactive Consent for Recording Website Users

On May 31, the Ninth Circuit issued a memorandum disposition in Javier v. Assurance IQ, LLC, addressing two important questions in California: (1) whether a business can record user interactions on its website without their…more

Consent, Corporate Counsel, Invasion of Privacy, Video Recordings, Websites

See all updates »

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis…more

Agribusiness, Bankruptcy Code, Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs)

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Government Affairs - The Senate

INTRODUCTION - Although several Senate races are too early or too close to call officially, it appears that Republicans will retain their majority in the 117th Congress. As of Wednesday morning, Senate Democrats have…more

Election Results, Political Candidates, Political Parties, Senate Committees

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President Biden Suspends Bulk Power System Executive Order; Directs Agencies to Address Public Health- and Climate-Related Rules

On January 20, 2021, President Joseph Biden issued Executive Order No. 13990 (“Executive Order”), which, among other things, suspended Executive Order 13920, “Securing the United States Bulk-Power System” (“Executive Order…more

Biden Administration, Climate Change, Executive Orders, OMB, Public Health

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Emerging Issues in Planned Community and Condominium Disputes

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’…more

Assignments, Attorney's Fees, Compensatory Damages, Condominiums, Construction Defects

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Don't Forget Alumni Engagement When Merging Law Firms

The complexities of law firm mergers are vast. Efforts to integrate clients, systems, spaces and cultures under tight time restraints is an immense undertaking that affects populations across both firms — including the alumni…more

Client Services, Law Firm Ownership, Law Practice Management, Legal Operations, Merger Agreements

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How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way…more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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No License? No Standing! District Court Dismisses FDCPA Suit Against Unlicensed Debt Collector For Lack Of Standing

On January 4, the District Court of New Jersey dismissed a Fair Debt Collection Practices Act (FDCPA) complaint against an unlicensed debt collector for lack of standing. In Valentine v. Unifund CCR, LLC, et al., the court held…more

Article III, Debt Collection, Debt Collectors, FDCPA, Injury-in-Fact

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Taking Charge: Inside the U.S. Battery Boom

The Inflation Reduction Act (IRA) has supercharged global interest in U.S. battery storage, forcing companies to change their approach to the market. We look at how this generational legislation is driving growth and influencing…more

Batteries, Clean Energy, Energy Sector, Energy Storage, FERC

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New FDA Guidance on AI and Medical Products

n March 15, the U.S. Food and Drug Administration (FDA) published a paper titled “Artificial Intelligence and Medical Products: How CBER, CDER, CDRH, and OCP are Working Together.” This paper describes the FDA’s strategy for…more

Algorithms, Artificial Intelligence, Bias, CDRH, Center for Biologics Evaluation and Research (CBER)

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US Supreme Court Limits Scope of Omission Liability for Section 10(b) Securities Fraud Claims

On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934…more

Failure To Disclose, Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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OCC Finalizes Rule Requiring Large Banks to Provide Fair Access to Services, Capital, and Credit

In a final act of his tenure, Brian Brooks, the acting Comptroller of the Currency (OCC) on January 14 finalized a rule to ensure “fair access to banking services provided by large national banks, federal savings associations,…more

Banking Sector, Banks, Financial Services Industry, OCC

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D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country…more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other…more

Business Court, Forum Selection, Jurisdiction, New Rules

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July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?…more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries…more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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DOL Proposed Rule: New Definition of "Investment Advice Fiduciary"

On October 31, the Department of Labor (DOL) released a proposed rule (the Proposed Rule) aiming to redefine and expand who qualifies as an “investment advice fiduciary” under the Employee Retirement Income Security Act of 1974,…more

Comment Period, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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SCOTUS to Consider Extent of the Lanham Act's Extraterritorial Reach

On November 4, the U.S. Supreme Court (SCOTUS) granted certiorari in Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. 2021), cert. granted sub nom. Abitron Austria GmbH v. Hetronic Int’l, Inc., No…more

Lanham Act, SCOTUS, Trademark Infringement, Trademark Litigation, Trademarks

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More Privacy, Please - October 2022

Editor’s Note: In the U.S. laws and regulation space, the White House is focusing on privacy, evident through its session on accountability for big tech and the recent executive order highlighting cybersecurity risks. Meanwhile,…more

Biometric Information, Biometric Information Privacy Act, CFIUS, COPPA, Cybersecurity

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

See all updates »

Fifth Circuit Reverses Transfer of Credit Card Late Fee Rule Lawsuit to D.C.

On April 5, the U.S. Court of Appeals for the Fifth Circuit issued an order effectively reversing the district court’s decision to transfer the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards, Debt Collection

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New European Unitary Patent and Court

What Is a Unitary Patent? - Deemed “a better patent system for Europe,” the Unitary Patent System will make it possible to obtain a single patent right that covers up to 25 (currently 17) EU Member States through the…more

EU, European Patent Office, Intellectual Property Protection, Patents, Unified Patent Court

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How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the…more

Brand, College Athletes, Influencers, Name and Likeness, NCAA

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Senate Committee Considers Three New FERC Nominees

On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David Rosner…more

Administrative Agencies, Administrative Appointments, Biden Administration, Climate Change, Congressional Investigations & Hearings

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CFPB Updates Risk-Based Nonbank Supervision Designation Process

On Tuesday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a procedural rule streamlining the designation proceedings for nonbank supervision based on a particular entity posing “risks to consumers.” As…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad…more

Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB

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In Limited Ruling, CTA Held "Unconstitutional" by U.S. District Court

On March 1, the U.S. District Court of the Northern District of Alabama filed an opinion that rendered the Corporate Transparency Act (CTA) unconstitutional. Importantly, the court’s ruling only applies to the plaintiffs in the…more

Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges, Corporate Transparency Act

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Federal Circuit Continues to Dismantle Diagnostic Patents

Any new and useful process, machine, manufacture, or composition of matter may be patented in the United States. However, the Supreme Court has held that “laws of nature, natural phenomena, and abstract ideas” are not eligible…more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patents

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The Next Phase of RNG Is Here, Now What?

The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG project…more

Clean Energy, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Natural Gas, OEM

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Hydrogen Sector Needs More Regulatory Certainty

Hydrogen is having more than just a moment. Consistent announcements for new hydrogen project developments, technological breakthroughs and large investments over the last several years have shown the potential of this largely…more

Clean Energy, Climate Change, Energy Projects, Energy Sector, Hydrogen Power

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EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting

Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate…more

Air Pollution, Air Quality Standards, Carbon Emissions, Clean Air Act, Environmental Policies

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California AG Bonta Upholds $21M Penalty Against Ashford University Over GI Bill Errors

In a recent ruling, the California Court of Appeal largely affirmed a lower court’s decision from March 2022, finding that Ashford University (now known as University of Arizona Global Campus), an online, for-profit college, had…more

California, Educational Institutions, Enforcement Actions, False Claims Act (FCA), Financial Aid

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Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in…more

Energy Sector, FERC, Hydropower, Renewable Energy

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More Privacy, Please - March 2023

Editor’s Note: The U.S. Marshals Service suffered a data breach, demonstrating that no one is immune from such an occurrence. In regulatory news, government agencies remained focused on privacy, as the SEC proposed amendments to…more

Biometric Information, Biometric Information Privacy Act, Cybersecurity, Data Privacy, Data Protection

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Change in Georgia Lien Law

On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way…more

Affidavits, Breach of Contract, Construction Contracts, Construction Industry, Governor Kemp

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Who Is the Claims Agent and What Type of Information Can I Obtain on Their Website? - Creditor’s Rights Toolkit

Troutman Pepper's Creditor’s Rights Toolkit is a series that provides practical insights to help creditors confront the challenges of commercial bankruptcy. A claims agent is a third party retained by the debtor to take on…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Contract Terms

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NLRB Rules That Dartmouth Basketball Players Are Employees

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor…more

College Athletes, Compensation & Benefits, Employee Definition, Employees, Hiring & Firing

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Michigan Manufacturers May Resume Production On May 11-But There's A Catch

On May 7, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-77 (Order), extending the mandatory stay-at-home restrictions for all Michigan residents through May 28…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Manufacturers

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Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2023

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

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Cryptoassets, Cryptocurrency

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COVID-19 Commercial Leasing Trends (Part One)

Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Negotiations, Contract Termination

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New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other…more

Business Court, Forum Selection, Jurisdiction, New Rules

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The Uses and Risks of AI in BSA/AML Compliance: Navigating the Future of Financial Crime Prevention

In the realm of financial crime prevention, the adoption of generative artificial intelligence (AI) technologies has the potential to revolutionize Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) compliance. AI offers…more

Algorithms, Anti-Money Laundering, Artificial Intelligence, Bank Secrecy Act, BSA/AML

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July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?…more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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More Privacy, Please - February 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to…more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection

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Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct. App.) - Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. (BoMar) to construct a hotel in Columbus, OH. The contract consisted of…more

Construction Contracts, Construction Industry, Contract Disputes, Termination for Convenience

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Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a…more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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What Are a Disclosure Statement and a Plan, and What Are the Key Elements of These Documents? – Creditor’s Rights Toolkit

Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong…more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

See all updates »

Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

See all updates »

Health Care Providers Challenge Constitutionality of Michigan Shutdown Orders

A group of Michigan-based health care providers and one of their patients are the latest to assert constitutional claims related to COVID-19 shutdown orders. Unlike other businesses challenging shutdown orders, these providers…more

Business Closures, Constitutional Challenges, Coronavirus/COVID-19, Health Care Providers, Unnecessary Medical Procedures

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Motions to Amend: PTO Pilot Program Extended - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper…more

Inter Partes Review (IPR) Proceeding, Motion to Amend, Patent Litigation, Patents, Post-Grant Review

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COVID-19 Headlines FTC’s “Green Lights & Red Flags”

On October 29, 2020, the FTC hosted its most recent “Green Lights & Red Flags” workshop. This virtual workshop focused on recent fraud patterns, advertising compliance, and data security…more

Advertising, Coronavirus/COVID-19, Data Security, Federal Trade Commission (FTC)

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Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for…more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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2022 State Attorneys General Election Re-Cap

On November 8, 30 states and the District of Columbia held elections for state attorneys general. Below are the current results of the elections for each of the 31 races. We will continue to update this blog post as results are…more

Election Results, Political Candidates, Popular, State Attorneys General, State Elections

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Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in…more

Energy Sector, FERC, Hydropower, Renewable Energy

See all updates »

PCAOB's NOCLAR Proposal in the Hot Seat

On March 6, the Public Company Accounting Oversight Board (PCAOB) held a virtual roundtable to discuss its June 6, 2023 proposed rule: Amendments to PCAOB Auditing Standards Related to a Company’s Non-Compliance with Laws and…more

Auditors, Audits, Disclosure, Financial Reporting, Financial Statements

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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2022 State Attorneys General Election Re-Cap

On November 8, 30 states and the District of Columbia held elections for state attorneys general. Below are the current results of the elections for each of the 31 races. We will continue to update this blog post as results are…more

Election Results, Political Candidates, Popular, State Attorneys General, State Elections

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What We're Seeing – 2022 Dealmaking Outlook

The Rearview Mirror - Robust multiples and fear that the Biden administration might succeed in passing tax laws resulted in 2021 being one of the busiest years ever in the private equity space. Within the capital markets,…more

Corporate Sales Transactions, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Health Information Technologies, Initial Public Offering (IPO)

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Florida Federal District Court Grants Debt Collector’s Motion for Summary Judgment Citing Lack of Evidence of Inadequate FCRA Dispute Investigation

A U.S. District Court in the Southern District of Florida recently granted a motion for summary judgment filed by debt collector, I.C. Systems, finding that the plaintiff failed to provide any evidence of an inadequate…more

Credit Reporting Agencies, Debt Collection, Debt Collectors, Failure to Investigate, Fair Credit Reporting Act (FCRA)

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ODP Should Not Nullify PTA

The long and arduous path of prosecution begins with the filing of a parent patent application. Several years later, the applicant files a first continuation application. A few more years pass after which the applicant files a…more

Patent Applications, Patent Infringement, Patent Term Adjustment, Patents, USPTO

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LOT VS. UNIT: Avoiding Description Errors In Transactions Involving Condominium Units

In the purchase, sale or development of commercial condominium units, it is fundamental for both investors and developers to understand exactly what comprises the “unit.” It is equally important that the documents associated…more

Condominiums, Deeds, Housing Developers, Investors, Letters of Intent

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Outlook And Impact Of Coronavirus On Venture Capital Investments And Emerging-Growth Companies

The combined health and economic crisis caused by the outbreak of coronavirus (COVID-19) and subsequent isolation efforts across the world have left many emerging-growth companies with numerous questions about how to get through…more

Capital Investments, Coronavirus/COVID-19, Emerging Growth Companies, Investment, Startups

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Caregivers in Cybersecurity — Unauthorized Access Podcast

Unauthorized Access, our privacy and cybersecurity-focused podcast, spotlights the human side of the cybersecurity industry. In this episode, Sadia welcomes Sherri Davidoff, CEO of LMG Security, to discuss the challenges and…more

Caregivers, Cybersecurity, Data Privacy, Data Protection, Data Security

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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Can You Enforce an International Arbitration Award That’s Been Set Aside?

On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In…more

Arbitration, Arbitration Agreements, Arbitration Awards, International Arbitration

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SCOTUS to Consider Extent of the Lanham Act's Extraterritorial Reach

On November 4, the U.S. Supreme Court (SCOTUS) granted certiorari in Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. 2021), cert. granted sub nom. Abitron Austria GmbH v. Hetronic Int’l, Inc., No…more

Lanham Act, SCOTUS, Trademark Infringement, Trademark Litigation, Trademarks

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ISDA Swap Primer: Recent Developments and Considerations

Swap contracts, famously described as the financial equivalent of “weapons of mass destruction,” have continued to evolve since their heyday leading up to the 2008-2009 financial crisis. Most swaps use the standardized (though…more

Dodd-Frank, ISDA, Swap Dealers, Swaps

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Unanimous Supreme Court Decision Allows for Early Challenges to Federal Agency Enforcement Actions

On April 14, the Supreme Court unanimously held that federal district courts have jurisdiction to review constitutional challenges to the structures of the Federal Trade Commission (FTC) and Securities and Exchange Commission…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Federal Trade Commission (FTC), FTC Act

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Bankruptcy Case Is Reminder on Collateral Ownership Issue

On April 28, the U.S. Bankruptcy Court for the Northern District of Oklahoma in Kirtley v. Mabrey Bank (In re: Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal…more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Collateral, Creditors

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NLRB Rules That Dartmouth Basketball Players Are Employees

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor…more

College Athletes, Compensation & Benefits, Employee Definition, Employees, Hiring & Firing

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USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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You’ve Been Warned: Onerous Amendments to NJ Warn Act Take Effect April 10

On January 10, Governor Murphy signed Assembly Bill No. 4768, paving the way for a series of previously enacted amendments to New Jersey’s WARN Act, N.J.S.A. 34:21-1, et seq., (“NJ WARN Act” or the “Act”) to finally take effect…more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

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Will Resiliency Carry the Digital Asset Sector Through 2024?

In 2023, the digital asset industry demonstrated remarkable resilience amidst significant challenges, including the dissolution of several digital asset financial services companies, numerous bank failures, and a $4.7 billion…more

Banks, Blockchain, Consumer Financial Products, Cryptoassets, Cryptocurrency

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HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second…more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries…more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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Air & Climate Report: April 2022

With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see…more

Air Pollution, Air Quality Standards, Cross-State Air Pollution, Environmental Protection Agency (EPA)

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PCAOB's NOCLAR Proposal in the Hot Seat

On March 6, the Public Company Accounting Oversight Board (PCAOB) held a virtual roundtable to discuss its June 6, 2023 proposed rule: Amendments to PCAOB Auditing Standards Related to a Company’s Non-Compliance with Laws and…more

Auditors, Audits, Disclosure, Financial Reporting, Financial Statements

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The Rise in Greenwashing Claims - Energy Law Insights

Claims of ‘greenwashing’ – allegations that companies overstate the environmental benefits of renewable energy and other projects – continue to rise. Troutman Pepper’s Andrea Wortzel, Melissa Horne, and Vaughn Morrison analyze…more

Environmental Social & Governance (ESG), Greenwashing

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New European Unitary Patent and Court

What Is a Unitary Patent? - Deemed “a better patent system for Europe,” the Unitary Patent System will make it possible to obtain a single patent right that covers up to 25 (currently 17) EU Member States through the…more

EU, European Patent Office, Intellectual Property Protection, Patents, Unified Patent Court

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New York City’s Revival Window Opens for Gender-Motivated Violence Survivors

On March 1, New York City’s “revival window” opened for survivors of gender-motivated violence. The revival window, also referred to as a “lookback period,” runs until March 1, 2025, providing survivors with two years to bring…more

Crime Victims, Gender-Based Violence, Sexual Abuse, Sexual Assault

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Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?

The Setting Every Community Up for Retirement Enhancement Act (SECURE 1.0) requires plans to permit employees who work at least 500 hours but less than 1,000 hours in three consecutive 12-month periods to make elective deferrals…more

401k, Department of Labor (DOL), Employee Benefits, Employees, Employer Liability Issues

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'Snap Removals' Upheld by the Third Circuit

A recent decision by the Third Circuit effectively expands the scope of removable cases. As the first appellate decision to directly address the issue, the U.S. Court of Appeals for the Third Circuit upheld a Pennsylvania…more

Diversity Jurisdiction, Federal Rules of Civil Procedure, Forum, Jurisdiction, Motion To Remove

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Five Tips for Adding Value to Legal Clients' Experience in 2023

2022 was a year of transition, with law firms and clients moving into a new post-pandemic phase while dealing with rising inflation and global uncertainty. Throughout this time, we have been working with clients of all sizes to…more

Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Project Management

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NY Executive Order Provides Relief for Tenants and Property Owners Impacted by COVID-19

On May 7, 2020, New York Gov. Andrew Cuomo enacted Executive Order No. 202.28, which extended and expanded — but in some cases narrowed — the temporary suspension of several New York state laws due to the COVID-19 crisis. The…more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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EPA Makes Major Changes to Risk Management Program Under Clean Air Act

On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three…more

Clean Air Act, Employees, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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SEC Adopts Final Cybersecurity Rules — Requires Companies to Focus on their Security and Disclosure Plans

On July 26, the Securities and Exchange Commission (SEC) adopted, by a 3-2 margin, a final rule to require more immediate disclosure of material cybersecurity incidents by public companies. In addition, the final rule requires…more

Capital Markets, Cybersecurity, Data Breach, Disclosure Requirements, Final Rules

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Life Sciences Deals: Hot Topics in 2018 (PowerPoint Slides)

Life science companies operate in a heavily regulated environment and the rules of the game are constantly changing. Join members of Pepper’s Health Sciences Department as they discuss the latest in deals in the life sciences…more

Life Sciences

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SEC Continues to Focus on SPAC Market

In recent years, the U.S. Securities and Exchange Commission (SEC) has had its eye on the special purpose acquisition company (SPAC) market — warning investors against putting money into SPACs, expressing skepticism about their…more

Enforcement Actions, Financial Services Industry, Initial Public Offering (IPO), PCAOB, Securities and Exchange Commission (SEC)

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A Look at Consumer Reporting in 2023, and What's to Come

The legal landscape of consumer reporting continues to evolve with courts, federal regulators and state legislatures all playing roles in shaping this area of the law. Originally published in Law360 - January 9, 2024…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Debt, Fair Credit Reporting Act (FCRA)

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District of Massachusetts Finds Optimistic Statements Do Not Amount to Actionable Securities Fraud

A recent decision out of the U.S. District Court for the District of Massachusetts (District of Massachusetts) reaffirms the ability of pharmaceutical companies to make optimistic public statements about clinical trials without…more

Food and Drug Administration (FDA), Rule 10(b), Securities Exchange Act, Securities Fraud

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Best Practices: In-house Legal Support of SEC Disclosures

To help navigate the Securities and Exchange Commission's (SEC) detailed disclosure requirements, Troutman Pepper attorneys offer the below checklist as a blueprint for organizing your disclosure process and strategy. These tips…more

Best Practices, Corporate Counsel, Disclosure Requirements, Outside Counsel, Securities and Exchange Commission (SEC)

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California AG Releases Fourth Set of Proposed Modifications to CCPA Regulations

On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice…more

Biden Administration, Civil Rights Act, Department of Justice (DOJ), Discrimination, Disparate Impact

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Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this…more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Oklahoma Passes FCC-Like Maximum Pole Attachment Rate for Rural Electric Coops

On April 28, the governor of Oklahoma approved HB3835, setting a maximum pole attachment rate for rural electric cooperatives (Rural Coops) in the event of a dispute with a "communications services provider" regarding pole…more

FCC, Pole Attachment Order, Utilities Sector, Utility Poles

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Investment Management Update - March 2021

Just before we said goodbye to 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended (Advisers Act). The SEC…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, OCIE

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Air & Climate Report: August 2022

In the world of air quality and climate change, summer 2022 began with a bang, as the Supreme Court finally spoke on the merits of EPA’s efforts to regulate carbon dioxide emissions from power plants under Section 111 of the…more

Clean Air Act, Climate Change, Environmental Protection Agency (EPA), Power Plants, Regulatory Authority

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8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023…more

Advertising, Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Food & Drug Regulations

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FERC Approves Changes to PJM Capacity Accreditation Rules; Rejects Proposed Changes Seeking to Better Reflect Risk in Capacity Market Offers.

On January 30, 2024, FERC approved, subject to condition, PJM’s proposal to reform its Reliability Pricing Model, including resource adequacy risk modeling, capacity accreditation, testing requirements for capacity resources,…more

Accreditation, Capacity Market, Energy Market, Enforcement Actions, FERC

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Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On…more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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FERC Revises Policy on Authorizing Pipelines to Commence Construction Pending Requests for Rehearing of Certificate Orders

On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas pipeline companies to proceed with construction of approved pipeline projects,…more

Energy Projects, Energy Sector, FERC, Natural Gas, Oil & Gas

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FDIC Announces Lineage Bank Consent Order Containing Third-Party Risk Management Program and Fintech Partnership Orders

The Federal Deposit Insurance Corporation (FDIC) recently announced a consent order with Tennessee-based Lineage Bank containing orders relating to the bank’s third-party risk management program and its financial technology…more

Banks, Consent Order, Consumer Financial Products, FDIC, Financial Regulatory Reform

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CARES Act Reforms Monograph System For Over-The-Counter Drugs

Included in the CARES Act are long-awaited reforms to the FDA’s regulation of over-the-counter (OTC) medications. H.R. 748, §§ 3851-3862. The FDA has hailed the law as granting it “transformative, new authorities that will…more

CARES Act, Coronavirus/COVID-19, Expedited Approval Process, FDA Approval, New Legislation

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California Federal Court Rules Undated Model Debt Violation Notice Does Not Violate the FDCPA

In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically, the…more

Article III, Debt, Debt Collection, Debt Collectors, FDCPA

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FDA Draft Guidance Instructs Sponsors on Content and Timing of Diversity Plans for Clinical Trials

For several years, FDA has advanced a policy of increasing diversity in clinical trial populations. During that time, FDA issued broad policy statements, as well as guidance on improved data collection and steps sponsors could…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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FinCEN Proposes Extending AML/CFT Requirements to Certain Investment Advisors

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently announced a Notice of Proposed Rulemaking (NPRM) aimed at keeping bad actors from exploiting the U.S. financial system and assets…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Comment Period

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Will Resiliency Carry the Digital Asset Sector Through 2024?

In 2023, the digital asset industry demonstrated remarkable resilience amidst significant challenges, including the dissolution of several digital asset financial services companies, numerous bank failures, and a $4.7 billion…more

Banks, Blockchain, Consumer Financial Products, Cryptoassets, Cryptocurrency

See all updates »

RICO Lawsuit Against Shein — RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,…more

Copyright Infringement, Criminal Prosecution, Enforcement Actions, Fashion Industry, Racketeering

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Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has…more

Air Pollution, Chevron Deference, Clean Energy, Clean Power Plan, Climate Change

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The Patent Winter Is Here: Do You Have a Winning IP Strategy or Will You Be Left in the Cold?

The Big Pharma superpowers are on the edge of a patent cliff. The combination of patent expirations, uncertain product and patent pipelines, and expiring regulatory exclusivities will negatively impact a host of Big Pharma…more

Innovation, Intellectual Property Protection, Patents, Research and Development

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Federal Judge Refuses to Dismiss Tobacco and Cannabis Company's Class-Action SEC Disclosure Suit Based on 10b-5(b) Scienter and Loss Causation Requirements

On January 6, a federal judge for the Western District of New York denied a cannabis and tobacco engineering company’s attempt to dismiss claims that it concealed a U.S. Securities and Exchange Commission (SEC) investigation to…more

Class Action, Loss Causation, Rule 10b-5, Scienter, Securities and Exchange Commission (SEC)

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SEC v. Ripple Labs, Inc.: XRP Considered an Unregistered Security in Institutional Sales but Not in Programmatic Sales or Other Distributions

In a long-awaited decision in SEC v. Ripple Labs, Inc., U.S. District Judge Analisa Torres of the Southern District of New York held that Ripple Labs, Inc.’s (Ripple) XRP token is not, in and of itself, a security requiring…more

Cryptocurrency, Digital Assets, Financial Services Industry, Financial Transactions, Howey

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Do Your Diligence: M&A Considerations Following OIG’s Special Fraud Alert on Telemedicine

Reimbursement and licensing regulations that once restricted telehealth services have relaxed in recent years, fueling massive investment in telemedicine companies and provider implementation of telehealth modalities. A study by…more

Anti-Kickback Statute, Department of Justice (DOJ), Health Care Providers, Healthcare Fraud, OIG

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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More Privacy, Please - December 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cybersecurity Information Sharing Act (CISA), Data Security, FDIC

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Texas Federal Court Grants Preliminary Injunction in Community Reinvestment Act Lawsuit

On March 29, a Texas federal court granted a preliminary injunction enjoining the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies)…more

Community Reinvestment Act, Consumer Financial Products, Final Rules, Financial Institutions, Financial Regulatory Reform

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Federal Government Issues Comprehensive Guidance for Employers Using Form I-9 Software Programs

In the ever-evolving landscape of employment verification, the use of Form I-9 software programs is increasingly prevalent. These programs, often part of an HRIS (Human Resource Information System), streamline the process of…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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Employee Benefits and Executive Compensation: Getting Ready for 2024 - Health and Welfare Plan Developments — Special Edition Podcast

In the second episode of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield and Lydia Parker discuss key health and welfare plan developments as we close out 2023 and head into…more

Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Executive Compensation

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When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of spider…more

Agribusiness, CO Supreme Court, Colorado, Decriminalization of Marijuana, Enforcement Actions

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USPTO Extends Certain Patent Deadlines to Address COVID-19 Delays

Amid concerns from inventors, applicants and their representatives that the COVID-19 outbreak is creating hardships in maintaining the prosecution and protection of patents and trademarks, the Director of the United States…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection, Patent Applications

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Supreme Court Leaves as Many Questions as It Answers in 'Google v. Oracle'

The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google’s Android mobile platform had infringed Oracle’s Java programming language’s copyright. However, the Court did not…more

Copyright, Copyright Infringement, Fair Use, Google, Intellectual Property Protection

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The Role of General Counsel in Advising Boards of Directors on the Use of AI — The Consumer Finance Podcast

Join Troutman Pepper Partner Chris Willis and Counsel Shannon Patterson as they discuss the top issues a company's board of directors needs to consider regarding the use of artificial intelligence (AI) in its business. Shannon…more

Artificial Intelligence, Consumer Financial Products, Consumer Lenders, Corporate Governance, Financial Institutions

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Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida

A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is…more

Bad Faith, Insurance Industry, Insurance Litigation, Insurance Reform, Insurance Regulations

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More Privacy, Please - October 2022

Editor’s Note: In the U.S. laws and regulation space, the White House is focusing on privacy, evident through its session on accountability for big tech and the recent executive order highlighting cybersecurity risks. Meanwhile,…more

Biometric Information, Biometric Information Privacy Act, CFIUS, COPPA, Cybersecurity

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Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,…more

California, Discrimination, Employees, Employer Liability Issues, Healthcare

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Lessons Learned: A Government Litigation Case Study

Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division…more

Department of Justice (DOJ), Mistrial, Poultry, Price-Fixing

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New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17…more

Due Diligence, Environmental Policies, Environmental Social & Governance (ESG), Hazardous Waste, New York

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Final Section 162(f) Regulations Set Forth Deductibility Rules for Payments Involving Government Investigations

Background - Sections 162(f) and 6050X changed the requirements for taxpayers to deduct amounts paid to the government or at its direction under court-ordered judgments, settlement agreements, non-prosecution agreements,…more

Government Investigations, IRS, Section 162(f), Tax Cuts and Jobs Act

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Texas Federal Court Grants Preliminary Injunction in Community Reinvestment Act Lawsuit

On March 29, a Texas federal court granted a preliminary injunction enjoining the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies)…more

Community Reinvestment Act, Consumer Financial Products, Final Rules, Financial Institutions, Financial Regulatory Reform

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A Unique Solution to COVID-19-Related Delays at the U.S. International Trade Commission

Under Section 337, the U.S. International Trade Commission (ITC or Commission) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including…more

Administrative Law Judge (ALJ), Confidential Business Information (CBI), Coronavirus/COVID-19, Imports, International Trade Commission (ITC)

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other…more

Business Court, Forum Selection, Jurisdiction, New Rules

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Comprehensive Data Privacy Legislation Unveiled in Congress

On April 7, House Energy & Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Senate Commerce Committee Chair Maria Cantwell (D-WA) announced a bipartisan, bicameral draft of comprehensive data privacy legislation, the…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Federal Trade Commission (FTC)

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Pinto v. Farmers Insurance Exchange: California Appellate Court Confirms Juries Must Specifically Find Insurer Acted Unreasonably in Bad Faith Failure to Settle Cases

On March 8, the California Court of Appeal issued an important opinion clarifying that the trier of fact in a bad faith “failure to settle” case must specifically find that the insurer acted unreasonably in order to find against…more

Insurance Industry, Insurance Litigation, Jury Instructions, Jury Trial

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Ninth Circuit Provides Companies New Guidance and Much Needed Potential Relief in Prop 65 Litigation

For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a…more

Chemicals, Proposition 65, Toxic Chemicals, Toxic Exposure

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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How to Avoid a Similar Fate? SEC Charges Firms With Record-Keeping Violations for Off-Channel Communications

On February 9, the Securities and Exchange Commission (SEC) announced settlements with 16 firms relating to record-keeping violations stemming from off-channel communications totaling $81 million. The 16 firms were five…more

Broker-Dealer, Electronic Communications, Enforcement Actions, Instant Messaging Apps, Investment Adviser

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MOSLA Claim Cannot Be Predicated on Underlying RESPA Claim When No Injury Exists

The U.S. Court of Appeals for the Eighth Circuit held that a claim based on an alleged violation of the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA) cannot be maintained when the MOSLA claim was based solely…more

Borrowers, Mortgage Lenders, Mortgage Servicers, Mortgages, RESPA

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SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted…more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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Supreme Court Review May Prove the Death Knell to SEC Administrative Courts

On June 30, the U.S. Supreme Court granted certiorari in SEC v. Jarkesy, et al. and agreed to hear the case that could potentially end the use of administrative courts and administrative law judges (ALJ) in administrative agency…more

Administrative Law Judge (ALJ), Administrative Proceedings, Certiorari, Enforcement Actions, SCOTUS

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Eliminating Kickbacks in Recovery Act: What In-Office Laboratories Need to Know

To combat the effects of declining reimbursement levels, many physicians and practice groups offer ancillary services to improve patient care and supplement practice revenues. The delivery of these ancillary services, such as…more

Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Fraud and Abuse, Health Care Providers, Healthcare Fraud, Kickbacks

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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The Latest on HUD's Disparate Impact Rule - The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield and Leigh Poltrock as they discuss HUD's ever-changing disparate impact rule. Topics include an analysis of the rule's many versions over the…more

Disparate Impact, Fair Housing Act (FHA), Housing Discrimination, HUD, Mortgage Lenders

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SEC Adopts Amendments to Modernize Reg S-K Disclosure Requirements

On August 26, the SEC modernized the disclosure requirements in Items 101 (Description of Business), 103 (Legal Proceedings), and 105 (Risk Factors) of Regulation S-K, reflecting the first significant revisions to these…more

Disclosure Requirements, Environmental Social & Governance (ESG), Human Capital, Modernization, Non-GAAP Financial Measures

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Exploring Challenges and Opportunities Within the EV Infrastructure Sector With Kerri Stewart - TAG Infrastructure Talks Podcast

In this month’s episode of the TAG Infrastructure Talks, host Alan Poole sits down with Kerri Stewart, chief strategy officer of Miller Electric, to discuss the challenges and opportunities in the electronic vehicle (EV)…more

Automotive Industry, Charging Stations, Electric Vehicles, Infrastructure, Motor Vehicles

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DOL Sheds Light on Permissible Private Equity Components in Individual Account/Defined Contribution Plan Asset Allocation Funds

On June 3, the U.S. Department of Labor (DOL) issued an Information Letter (Letter) concerning private equity investments within an asset allocation fund that is a designated investment alternative in an individual account plan,…more

401k, Asset Management, Defined Contribution Plans, Department of Labor (DOL), Employee Benefits

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SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted…more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second…more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Rolling Over and Section 704(c); What’s the Big Deal? — Part 4: The Remedial Method

In our continuing series on Section 704(c) of the Internal Revenue Code (the Code) we discuss the application of the remedial method to correct for distortions caused by the ceiling rule. As previously discussed, when the tax…more

Fair Market Value, Income Taxes, Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC)

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District Court Offers Clarification to Autodialer Definition in Telephone Consumer Protection Act

Does a predictive dialer qualify as an “automatic telephone dialing system” (ATDS), thereby triggering the application of the Telephone Consumer Protection Act of 1991 (TCPA)?…more

ATDS, Auto-Dialed Calls, FCC, Robocalling, Statutory Interpretation

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Protecting Contractors Subject to Chief Engineer Decision Clauses

Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the…more

Construction Contracts, Construction Industry, Construction Project, Contract Claims, Contract Disputes

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All Is Not Lost: The Hidden Defense Benefits of the Supreme Court’s Recent Unanimous Ruling on False Claims Act Scienter

On June 1, the U.S. Supreme Court published a unanimous decision in a False Claims Act (FCA) case, United States ex rel. Schutte v. SuperValu, Inc., No. 21-1326. The opinion, authored by Justice Clarence Thomas, was notable not…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Prescription Drugs, SCOTUS

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2023 Privacy Year in Review

Troutman Pepper’s 2023 Privacy Year in Review is a comprehensive analysis of the year’s key developments in privacy, security, and artificial intelligence and offers practical advice for companies navigating the bewildering…more

Cybersecurity, State and Local Government

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US Supreme Court Reverses Class Certification in 10b-5 Action

On June 21, the U.S. Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, a closely watched case involving the standards for class certification in securities class actions…more

Arkansas Teacher Retirement System v Goldman Sachs Group, Basic v Levinson, Burden of Persuasion, Burden of Proof, Certiorari

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Q1 De Novo Bank Trends

There has been recent turmoil in the U.S. stock markets over the past few weeks as the country starts to take steps toward reopening as a result of the pandemic. However, financial institution stocks have been buoyed by…more

Banking Sector, Banks, FDIC, Financial Institutions, Investors

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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Finding Foreign Service Difficult? Look for the Defendant on Facebook

Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet the…more

Business Litigation, Email, Facebook, Foreign Defendants, Foreign Entities

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How Firms Can Use Feedback to Create an Internal Service Culture

Law firms are increasingly implementing formal processes to gather feedback on the client experience. But when it comes to the internal client experience—the service that attorneys and employees receive from a firm’s business…more

Client Services, Law Firm Ownership, Law Firm Partners, Law Practice Management

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Nasdaq Proposal Provides Temporary Relief From Certain Listing Requirements Through June 30

On April 16, the Nasdaq Stock Market issued Nasdaq Issuer Alert 2020-2, announcing a proposal for temporary relief for companies listed on the exchange with respect to stock prices and market values that have fallen below…more

Capital Markets, Coronavirus/COVID-19, Listing Standards, Nasdaq, Publicly-Traded Companies

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Aligning a Product's Marketing, Regulatory and IP Plans

Patent protection can be critical for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device (SaMD). Originally published in Law360 - September 8, 2017…more

Dietary Supplements, Food and Drug Administration (FDA), Intellectual Property Protection, Marketing, Medical Devices

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HUD Issues Rulemaking Amending Regulations Governing Admission to Public Housing for Applicants with Criminal Records

Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and…more

Comment Period, Criminal Records, HUD, Notice of Proposed Rulemaking (NOPR), Property Owners

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Initial Form CRS Filings Due by June 30; Compliance Date Not Extended

On April 7, 2020, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced that, after the initial June 30, 2020 compliance date to file Form CRS, the OCIE will conduct…more

401k, Broker-Dealer, Form ADV, Form CRS, IARD

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Third Circuit Holds Rule of Reason Appropriate for Review of Hybrid Horizontal and Vertical Conspiracy

On August 28, the U.S. Court of Appeals for the Third Circuit denied Winn-Dixie’s appeal for a new trial in its lawsuit against the Eastern Mushroom Marketing Cooperative (EMMC). The supermarket chain alleged that EMMC, its…more

Acquisitions, Antitrust Litigation, Price-Fixing, Sherman Act

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Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and grand…more

Antitrust Division, Antitrust Provisions, Criminal Liability, Data Preservation, Department of Justice (DOJ)

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Compulsory Ip Licenses For COVID-19 Relief: Beyond The Defense Protection Act

Stakeholders in intellectual property rights face enforcement and reputation challenges arising from the coronavirus emergency. Patents, trademarks and copyrights associated with pandemic countermeasures may be subject to…more

Compulsory Licenses, Coronavirus/COVID-19, Defense Production Act, Intellectual Property Protection, Medical Supplies

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FDA Launches Legally Marketed Tobacco Products Database

FDA recently announced the launch of a new searchable database containing almost 17,000 tobacco products that may be legally marketed in the U.S. The database provides information on each tobacco product including product names,…more

Databases, E-Cigarettes, Food and Drug Administration (FDA), Retail Market, Tobacco

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With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Financial Institutions

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More Privacy, Please - January 2023

Editor’s Note: In regulatory news, the Colorado AG published a second version of its proposed regulations. In U.S. litigation, Meta and TikTok both faced further litigation, and an Illinois court ruled that J&M Plating must…more

Data Breach, Data Collection, Data Protection, Facial Recognition Technology, Internet

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SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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HUD Proposes Reviving Discriminatory Effects Standard for FHA Claims

On June 25, the latest edition of the Federal Register included a proposal from the Department of Housing and Urban Development (HUD or Department) to bring back the “Implementation of the Fair Housing Act’s Discriminatory…more

Disparate Impact, Fair Housing Act (FHA), Housing Discrimination, HUD

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Oregon Employment Law Update

Q: What new employment laws impact Oregon employers? A. The employment law landscape is shifting in Oregon, with this year’s legislative session bringing several noteworthy changes to the state’s employment laws…more

Coronavirus/COVID-19, Employer Liability Issues, Hairstyle Discrimination, Non-Compete Agreements, State Labor Laws

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Virtual International Arbitration And The COVID-19 Pandemic: One Institution's Approach

In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,…more

Arbitration, Coronavirus/COVID-19, International Arbitration, Jurisdiction, Law & Motion Hearings

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Supreme Court’s Denial of Certiorari Strengthens Intellectual Property Licensees’ Protections in Cross-Border Insolvency Cases

Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the U.S…more

Chapter 15, Commercial Bankruptcy, Cross-Border, Insolvency, Patents

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Challenging Weight of the Evidence Methodology

Use of a WOE methodology may be appropriate for government regulation, but it should not establish legal liability. Originally published in In-House Defense Quarterly, a publication of DRI - Winter 2017…more

Evidence, Expert Testimony, Litigation Strategies, Risk Assessment

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Women at the ITC in 2023: What This Year's Data Shows

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are…more

Administrative Hearings, Administrative Law Judge (ALJ), Diversity and Inclusion Standards (D&I), Imports, Intellectual Property Protection

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NY Court Blocks Mezzanine Lender’s UCC Foreclosure Sale in Light of COVID-19 Pandemic

On June 23, the New York County Supreme Court issued a rare preliminary injunction temporarily halting a mezzanine lender’s UCC foreclosure sale of the Mark Hotel in New York City because the procedures for the foreclosure sale…more

Borrowers, Commercial Property Owners, Coronavirus/COVID-19, Executive Orders, Foreclosure

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Time May Not Solve Compliance Issues With NY Lending Law

On Dec. 31, 2021, the New York Department of Financial Services announced that commercial finance providers doing business in New York state will receive additional time to comply with the New York state Commercial Finance…more

Banking Sector, Banks, Borrowers, Financial Services Industry, Lenders

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FINRA’s First Disciplinary Action Targeting Firm’s Use of Social Media Influencers

The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a financial…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Influencers, Investment Opportunities, Misleading Statements

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Treasury and IRS Release Further Guidance on Energy Community Enhancements Under IRA

On March 22, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-30, which modifies prior guidance on the energy community enhancements. It further clarifies (a) when offshore facilities…more

Energy Tax Incentives, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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FDIC Announces Two More Consent Orders Containing Third-Party Risk Management and Fintech Partnership Orders

On March 29, the Federal Deposit Insurance Corporation (FDIC) announced two more consent orders containing provisions relating to banks’ third-party risk management programs with respect to banking as a service (BaaS)…more

Banks, Consent Order, Consumer Financial Products, Enforcement Actions, FDIC

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SEC Releases New Guidance on Tailored Shareholder Reports

On January 19, 2024, the Division of Investment Management staff at the Securities and Exchange Commission (SEC), released several responses to frequently asked questions (FAQs) related to the adoption of rules and form…more

Division of Investment Management, EFTs, Investment Company Act of 1940, Investment Management, Investors

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July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?…more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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Credentialing Considerations For Health Care Systems Using Out-Of-State Practitioners During The COVID-19 Pandemic

Many hospitals and health care systems are turning to out-of-state practitioners to quickly ramp up staffing to the levels necessary to respond to the COVID-19 pandemic…more

Coronavirus/COVID-19, Credentialing, Health Care Providers, Healthcare Workers, Hospital Privileges

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IRS Issues Private Letter Ruling on Plain Vanilla Preferred Stock

Plain vanilla preferred corporate stock has two significant consequences for federal income tax purposes. Ownership of plain vanilla preferred stock is not included in measuring owner shifts of loss corporations under Section…more

Income Taxes, IRS, Preferred Shares, Private Letter Rulings, Section 382

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

What Are a Disclosure Statement and a Plan, and What Are the Key Elements of These Documents? – Creditor’s Rights Toolkit

Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Applications for Georgia Merchant Acquirer Limited Purpose Bank Charter: A Positive Sign for Fintech and Nonbank Direct Access to Card Networks

On January 12, Fiserv announced that it filed an application with the state of Georgia for a merchant acquirer limited purpose bank (MALPB) charter. This application is a seismic development and positive sign for those in the…more

Banks, Financial Institutions, Financial Regulatory Reform, Financial Services Industry, FinTech

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Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment…more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

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Senate Bill Introduced to Ban Forced Consumer Arbitration Clauses

U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Mandatory Arbitration Clauses

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D.C. District Court Upholds Rule Requiring Hospitals To Disclose Privately Negotiated Insurances Prices

On June 23, the U.S. District Court for the District of Columbia dismissed a challenge to a federal rule requiring hospitals to disclose prices they privately negotiated with insurers…more

Affordable Care Act, Arbitrary and Capricious, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules

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In In re Karcredit LLC, US Bankruptcy Court Holds Stock Issuer Liable to Lender for Double-Pledged Stock

In In re Karcredit LLC , the U.S. Bankruptcy Court for the Western District of Louisiana was faced with two lenders with claims to one original stock certificate as collateral. On June 1, the court held that the corporation that…more

Commercial Bankruptcy, Merger Agreements, Mergers, Uniform Commercial Code (UCC)

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Providers Prevail in Challenge to No Surprises Act Interim Final Rule

On February 23, a Texas federal court vacated several key portions of an interim final rule (Rule) governing the No Surprises Act's (Act) independent dispute resolution (IDR) process. The court's decision has been lauded by…more

Dispute Resolution, Health Care Providers, Interim Final Rules (IFR), Out of Network Provider, Surprise Medical Bills

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Increased Reporting Requirements for Contractors - Even if All Claims Are Settled

For most professionally licensed groups, reporting requirements are the norm, not the exception. In fact, it is commonplace for boards to require licensees to report judgments, settlements and convictions that may reveal…more

Construction Contracts, Construction Litigation, Construction Project, Contractors, Final Judgment

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider…more

Infrastructure, Project Finance, Public Private Partnerships (P3s), Public Projects, Transportation Industry

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EPA Announces New “Strategic Roadmap” for PFAS

Yesterday, the U.S. Environmental Protection Agency (EPA) announced a new “Strategic Roadmap (Roadmap),” describing a suite of ongoing and future agency actions to address per- and polyfluoroalkyl substances (PFAS). While many…more

CERCLA, Contamination, Corporate Counsel, Environmental Protection Agency (EPA), Hazardous Substances

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Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast

The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act…more

Causation, Motion to Dismiss, Proximate Cause, RICO

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Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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State Antitrust Enforcement Venue Act: Recent Updates

Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s provisions…more

Anti-Competitive, Anticompetitive Behavior, Antitrust Division, Antitrust Provisions, Biden Administration

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Additional Relief Under the Paycheck Protection Program is on Its Way

On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021, which included the Economic Aid to Hard-Hit Small Businesses, Non-profits, and Venues Act (the Act), the COVID-Related Tax Relief Act…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Loan Forgiveness, Paycheck Protection Program (PPP)

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar by…more

Advertising, Department of Health and Human Services (HHS), Direct to Consumer Sales, Drug Pricing, First Amendment

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Third Circuit Finds Pennsylvania’s Consumer Discount Company Act Does Not Apply to Debt Collectors

In representing fintech companies and other lenders, we increasingly confront claims against debt buyers or entities with bank partner relationships brought under Pennsylvania’s Consumer Discount Company Act (CDCA) and the Loan…more

Consumer Financial Products, Debt, Debt Collection, Debt Collectors, Financial Institutions

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What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal?

In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and…more

Advertising, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Manufacturers, Marketing

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Bank Secrecy Act's Crypto Expansion Is on the Horizon

The Dec. 14, 2022, introduction of the Digital Asset Anti-Money Laundering Act by Sens. Elizabeth Warren, D-Mass., and Roger Marshall, R-Kan., marks the end of a tumultuous year in the cryptocurrency industry that saw a massive…more

Anti-Money Laundering, Bank Secrecy Act, Banks, Financial Institutions, FinCEN

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FinCEN Issues Final Rule on Use of Entity FinCEN Identifiers to Fulfill BOI Reporting Requirements Under the CTA

Brief Overview: On November 8, the Financial Crimes Enforcement Network (FinCEN) published a final rule specifying the circumstances under which a reporting company may report another entity’s FinCEN identifier in lieu of…more

Beneficial Owner, Corporate Transparency Act, Final Rules, Financial Crimes, Financial Institutions

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U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense…more

401k, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Employers Beware: Federal Court Upholds Aggressive Law Enforcement Tactics When Investigating False Claims Act Allegations

Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the…more

Anti-Kickback Statute, Audio Recording, Discovery, Distributors, Evidence

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Whiplash for Insurers in Pennsylvania on COVID-19 Coverage Issues

While the Pennsylvania legislature considers one of the most aggressive bills in the country to force insurers to provide coverage for COVID-19 business interruption claims, Pennsylvania’s Insurance Commissioner on Monday…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Legislative Agendas

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Foreign Private Issuers Escape Potential Section 16 Reporting Obligations … For Now

Foreign private issuers (FPIs) may have dodged a bullet on December 7 after Congress scrapped a proposal to impose the reporting obligations under Section 16 of the Exchange Act of 1934, as amended (Exchange Act), on FPIs that…more

Foreign Private Issuers, NDAA, Reporting Requirements, Section 16, Securities and Exchange Commission (SEC)

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CFPB Enters Consent Order Against BloomTech Over Misleading Income-Share Agreements

On April 17, the Consumer Financial Protection Bureau (CFPB or Bureau) entered a consent order against BloomTech, a for-profit vocational school, and its CEO, Austen Allred, for deceptive marketing practices related to…more

Consent Order, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Fed. Eng’rs & Constructors Inc. v. Relyant Global LLC, No. 3:19-CV-73-KAC-JEM, 2022 U.S. Dist. LEXIS 95617 (E.D. Tenn., May 27, 2022) - This case arises out of the renovation of a U.S. Air Force dormitory in Missouri. The…more

Choice-of-Law, Construction Industry, Construction Project, Prompt Payment

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Ninth Circuit Reverses District Court, Sending Opportunity Financial Lawsuit to Arbitration

The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Federal Arbitration Act, Financial Services Industry

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Challenges with Cross-Border Deals

James D. Rosener, partner in the Commercial Department of Pepper and head of the firm's International Practice Group, was interviewed during The Deal Economy Conference in New York. The conference focused on "Predictions and…more

Acquisitions, Business Development, Buyers, CFIUS, Cross-Border Transactions

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FDIC Announces Lineage Bank Consent Order Containing Third-Party Risk Management Program and Fintech Partnership Orders

The Federal Deposit Insurance Corporation (FDIC) recently announced a consent order with Tennessee-based Lineage Bank containing orders relating to the bank’s third-party risk management program and its financial technology…more

Banks, Consent Order, Consumer Financial Products, FDIC, Financial Regulatory Reform

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Federal Water Policy Coordination Codified

President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United…more

Drinking Water, Water, Water Supplies

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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Overview of New California Employment Laws - November 2022 #2

California employers face an abundance of new employment laws set to take effect at the start of the new year. Below find descriptions of new requirements for employee leaves of absence, pay transparency and data reporting,…more

Bereavement Leave, Cal-OSHA, California Family Rights Act (CFRA), Coronavirus/COVID-19, Employee Privacy Rights

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OCC Proposes Updated Real Estate Standards for Bank Premises

On January 4, the Office of the Comptroller of the Currency (OCC) issued a proposed rule (Proposal) that would amend the requirements applicable to ownership of real property by national banks and federal savings associations…more

Banking Sector, Banks, OCC, Real Estate Market

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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California Attorney General Sponsors Bill Banning Credit Reporting of Medical Debt

On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to credit…more

California, Credit Cards, Credit Reporting Agencies, Credit Reports, Data Collection

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South Carolina Proposes Legislation to Impose Ability-to-Repay Analysis for Installment and Payday Loans

On January 9, a group of five bi-partisan South Carolina Senators introduced Bill 910, which would, among other things, require persons (non-bank lenders) providing “consumer installment loans” or “deferred presentment loans” to…more

Ability-to-Repay, Borrowers, Buy Now Pay Later (BNPL), Consumer Financial Products, Financial Regulatory Reform

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Federal Reserve Releases Additional Information on Main Street Lending Program

On Wednesday, May 27, the Federal Reserve Bank of Boston (Boston Fed) released additional information on the Main Street Lending Program (MSLP), which includes the form of the participation agreement governing the participation…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility, Special Purpose Vehicles

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Delaware Corporations Cannot Use Their Charter to Alter the Judicial Standard of Review

In Totta v. CCSB Financial, the Court of Chancery invalidated a boards’ invocation of an anti-takeover provision in the corporation’s certificate of incorporation. It did so because the board invoked the provision to thwart an…more

Board of Directors, Duty of Loyalty, Standard of Review

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CMS Recommendations For Reopening Health Care Facilities For Non-Emergent NON-COVID-19 Care

On April 19, the Centers for Medicare & Medicaid Services (CMS) issued recommendations to health care facilities for the first phase of reopening facilities to provide non-emergent non-COVID-19 health care…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Re-Opening Guidelines

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Cyber Capsule - February 2023

Before we jump into February developments — trigger warning if you are a Russian hacker — for those keeping track of breach notification requirements, the National Credit Union Administration (NCUA) Board approved a final rule,…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, FCC

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Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has…more

Air Pollution, Chevron Deference, Clean Energy, Clean Power Plan, Climate Change

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New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”…more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Five Tips for Adding Value to Legal Clients' Experience in 2023

2022 was a year of transition, with law firms and clients moving into a new post-pandemic phase while dealing with rising inflation and global uncertainty. Throughout this time, we have been working with clients of all sizes to…more

Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Project Management

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California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 Listing

On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible…more

Drinking Water, OEHHA, PFAS, Proposition 65, Toxic Chemicals

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DC Circuit Revives Medicare Advantage Overpayment Rule

On August 13, the D.C. Circuit revived the CMS 2014 Medicare Advantage Overpayment Rule in deciding UnitedHealthcare Ins. Co. v. Becerra, a ruling that could have broad implications for Medicare Advantage (MA) insurers. See…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, Medicare Advantage, Overpayment

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CARES Act Provider Relief Fund: July 2020 Update

Since April 2020, many health care providers have received payments from the CARES Act Provider Relief Fund (PRF) in the form of general or targeted distributions. Many providers have questions about receiving and using these…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, HRSA

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Virginia Advances Toward New Medical Cannabis License Application With New Regulations

The Virginia Cannabis Control Authority (CCA), which assumed oversight of Virginia’s medical cannabis program from the Board of Pharmacy as of January 1, has promulgated regulations to govern medical cannabis operations in the…more

Dispensaries, Healthcare, License Applications, Marijuana, Medical Marijuana

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Multistate Pharmacies: A Prescription for Navigating the Regulatory Maze

In today’s pharmacy world, most pharmacies, whether large national chains or small regional businesses, are required to hold licenses and registrations in several states. Unfortunately, there is no universal pharmacy license on…more

Pharmaceutical Industry, Pharmacies, Prescription Drugs, Telemedicine

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Overview of Managing Customer Relationships in Troubled Times

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt

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OCC Proposes Rulemaking Amending Bank Merger Act Procedures to Eliminate Expedited and Streamlined Review and Add Policy Statement on Agency Review Principles

On January 29, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking regarding its review of business combinations under the Bank Merger Act (BMA). Specifically, the OCC proposed: (i)…more

Bank Merger Act, Banks, BSA/AML, Comment Period, CRA

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Display of Data Symbols Similar to QR Code Visible Through Envelope Window Insufficient to Establish Article III Standing

In Nyanhongo v. Credit Collections Servs., the Eastern District of Pennsylvania held that the display of “data symbols similar to a” quick response code (QR Code), without more, was insufficient to establish Article III…more

Article III, Debt Collection, Debt Collectors, FDCPA, QR Codes

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Summary of Proposed Changes to HUD's LEAN 232 Loan Documents

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update…more

Comment Period, HUD, LEAN Program, Loan Documentation, Loans

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New European Unitary Patent and Court

What Is a Unitary Patent? - Deemed “a better patent system for Europe,” the Unitary Patent System will make it possible to obtain a single patent right that covers up to 25 (currently 17) EU Member States through the…more

EU, European Patent Office, Intellectual Property Protection, Patents, Unified Patent Court

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Agreements to Arbitrate Are Simple, Right?

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The…more

Arbitration, Arbitration Awards, Attorney's Fees, Construction Disputes, Construction Industry

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Keeping Up With the Bureau Episode 3: Evolving Federal and State Requirements for Furnishers and Users of Consumer Reports - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Ethan Ostroff and his guests and colleagues Alan Wingfield, Chris Capurso, and Derek Schwahn in the third episode of a special four-part series on recent developments with the…more

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

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Does the Government Retain Control of False Claims Act Cases?

United States ex rel. Polansky v. Executive Health Resources, Inc. (S. Ct. June 16, 2023) - The vast majority of False Claims Act cases are initiated by private parties, known as relators, not the government. In fact,…more

Department of Justice (DOJ), EHR, False Claims Act (FCA), Federal Jurisdiction, FRCP 41

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Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

In two recent decisions — Brown v. Teva Pharmaceuticals and Doe v. Valley Forge Military Academy & College — courts in the Eastern District of Pennsylvania put limits on the use of so-called “snap removal,” a strategy allowing…more

Defense Strategies, Diversity Jurisdiction, Federal Rules of Civil Procedure, Federal v State Law Application, Filing Requirements

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The Patent Winter Is Here: Do You Have a Winning IP Strategy or Will You Be Left in the Cold?

The Big Pharma superpowers are on the edge of a patent cliff. The combination of patent expirations, uncertain product and patent pipelines, and expiring regulatory exclusivities will negatively impact a host of Big Pharma…more

Innovation, Intellectual Property Protection, Patents, Research and Development

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The Eastern District of Wisconsin Reaffirms the Importance of the Least Sophisticated Consumer Standard in Drafting Collection Letters

A recent decision out of the Eastern District of Wisconsin provides an important reminder to loan servicers that a statement in a debt collection letter could be considered misleading under the Fair Debt Collection Practices Act…more

Collection Agencies, Consumer Financial Products, Credit Reports, Debt Collection, FDCPA

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SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in…more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Third Circuit Affirms Protection for 'Pure Opinions'

In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor…more

Absolute Privilege, Actual Malice, Corporate Counsel, Defamation, Donald Trump

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Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species Act…more

Climate Change, Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA)

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DOL Clarifies Deadlines for Lifetime Income Illustration Disclosure Requirements Which Take Effect on September 18, 2021

Section 105 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), requires administrators of defined contribution plans to provide participants with periodic pension benefit statements. Benefit statements…more

Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA), Lifetime Income Disclosures

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Acting Comptroller of the Currency Michael J. Hsu Issues Statements Supporting Insured Depository Institution Plan Rule at FDIC Event

On August 29, at a Board Meeting for the Federal Deposit Insurance Corporation (FDIC), Comptroller of the Currency Michael J. Hsu issued a statement supporting the insured depository institution (IDI) Resolution Plan Rule, which…more

Banking Crisis, Banks, Comptroller, Depository Institutions, FDIC

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U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7…more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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COVID-19 Resource Guide for Human Resources Professionals: Employee Benefits Considerations for Reopening in 2020

COVID-19 continues to throw us curveballs. While some states that were continuing on their path to recovery are having to backtrack, others have managed to temporarily halt the progression of COVID-19 and are proceeding as…more

COBRA, Employee Benefits, Employer Liability Issues, Fiduciary Duty, Furloughs

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Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts for…more

28 U.S.C. § 1782, AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States, Arbitration, Discovery, Foreign Tribunals

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First Circuit Reverses Its Stance on the Diligent Prosecution Bar

On April 28, the U.S. Court of Appeals for the First Circuit, sitting en banc, overturned its own 30-year-old precedent on the Clean Water Act (CWA), North & South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st…more

Clean Water Act, Enforcement Actions, Environmental Policies, Environmental Violations

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U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7…more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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The 100-Day Program at the ITC

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in…more

28 U.S.C. § 1295(a)(6), Administrative Law Judge (ALJ), Article III, Federal Pilot Programs, International Trade Commission (ITC)

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Breaking: Community Reinvestment Act Final Rule Published

As discussed here, on October 24, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency finally issued their long-awaited final rule modernizing how they assess…more

Banks, Community Reinvestment Act, FDIC, Federal Register, Final Rules

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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SEC Focused on Enforcement in the Crowdfunding Space

Following last year’s drastic increase in the annual limits permitted for crowdfunding campaigns, the Securities and Exchange Commission (SEC) has increased its focus on the regulation of crowdfunding, particularly for antifraud…more

Anti-Fraud Provisions, Broker-Dealer, Capital Raising, Crowdfunding, Financial Industry Regulatory Authority (FINRA)

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Case Update: Tenth Circuit Denies Petitions for Rehearing in Decision Requiring Substantial Changes to Health Plan Denial Letters

As discussed here, D.K. et al. v. United Behavioral Health et al. is a case that has been carefully watched in the health benefits space for its impact on what health plan administrators must include in adverse benefit…more

Department of Labor (DOL), Eligibility Determination, Employee Benefits, Employee Retirement Income Security Act (ERISA), Financial Services Industry

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Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

In a precedential opinion issued on April 16, 2015, the Third Circuit sought to clarify its requirement that a proposed class be sufficiently ascertainable in order to be certified under Fed. R. Civ. P. 23(b)(3). Expressing…more

Appeals, Ascertainable Class, Class Action, Class Certification, Federal Rules of Civil Procedure

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Disputing Patent-Eligible Subject Matter in PGRs and IPRs - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent-Eligible Subject Matter, Post-Grant Review

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U.S. District Court Invalidates Two Provisions of the CFPB’s Prepaid Rule: The Disclosure Clauses and the Thirty-Day Credit Linking Restriction

On December 30, 2020, Judge Richard J. Leon on the United States District Court for the District of Columbia entered an Order in PayPal, Inc. v. Consumer Financial Protection Bureau, et al., No. 19-3700-RJL, 2020 WL 7773392…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Dodd-Frank, EFTA

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California AG Releases Fourth Set of Proposed Modifications to CCPA Regulations

On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Colleges, Educational Institutions, Name and Likeness, NCAA

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Senate Committee Considers Three New FERC Nominees

On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David Rosner…more

Administrative Agencies, Administrative Appointments, Biden Administration, Climate Change, Congressional Investigations & Hearings

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Changes to Plan Distribution and Disclosure Information

Updated Safe Harbor Special Tax Notice (402(f) notice) & Lifetime Income Illustrations – Five Key Points for Plan Fiduciaries - The IRS has updated its safe harbor Special Tax Notice required to be provided to plan…more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Department of Labor (DOL), Disclosure Requirements

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RICO and Foreign Arbitration Enforcement - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment, Cal…more

Corruption, Criminal Prosecution, Enforcement Actions, International Arbitration, Racketeering

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CMS Limits On-Site Surveys For Health Care Facilities in Response to COVID-19 Outbreak

In light of the 2019 novel coronavirus (COVID-19) outbreak, the Centers for Medicare & Medicaid Services (CMS) has suspended survey activity for all nonemergency state survey inspections except for initial certification and…more

Centers for Medicare & Medicaid Services (CMS), Certifications, Coronavirus/COVID-19, Inspections, Precertification

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FTC Announces Vote on Rule to Ban Noncompetes

The Federal Trade Commission (FTC) has announced that the commission will vote April 23 on its proposed rule to ban noncompete agreements. While the final rule may differ from the Notice of Proposed Rulemaking issued in January…more

Employment Contract, Federal Trade Commission (FTC), FTC Act, Labor Reform, Non-Compete Agreements

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Is Labor Activity Increasing? What’s on the Horizon for Employers?

Q. There have been lots of recent headlines about workers unionizing, but is labor activity actually increasing — and what’s on the horizon for employers?…more

Employer Liability Issues, NLRB, NLRB General Counsel, Unions

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Unraveling the Concept of Garden Leave: Insights From Silicon Valley — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden…more

Contract Terms, Employer Liability Issues, Employment Contract, Garden Leave, Hiring & Firing

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CFPB Enters Consent Order Against BloomTech Over Misleading Income-Share Agreements

On April 17, the Consumer Financial Protection Bureau (CFPB or Bureau) entered a consent order against BloomTech, a for-profit vocational school, and its CEO, Austen Allred, for deceptive marketing practices related to…more

Consent Order, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry

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Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are..…more

Appellate Courts, Construction Industry, Construction Project, Liens, Mechanics Lien

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Florida Federal Court Finds FCRA and EFTA Claims Arising out of Disputed Charge Survive Credit Union’s Motion to Dismiss

A recent opinion issued by the district court for the Middle District of Florida rejected a credit union’s attempt to dismiss claims under the Fair Credit Reporting Act (FCRA) and Electronic Funds Transfer Act (EFTA) arising out…more

Credit Reporting Agencies, EFTA, Fair Credit Reporting Act (FCRA), Motion to Dismiss

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PA Environmental Compliance Considerations During COVID-19 Pandemic

For good reason, health and safety issues surrounding COVID-19 have been at the core of agency messaging to the public and to the regulated community. How to keep workers safe. How to keep the elderly, the health-compromised,…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Enforcement Guidance, Environmental Liability, Environmental Policies

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The USPTO May Be Miscalculating Patent Term Adjustments

The U.S. Patent and Trademark Office released a final rule on June 16, 2020, to revise how it calculates patent term adjustment. But the USPTO’s PTA algorithm does not yet fully account for its final rule. Originally…more

Intellectual Property Protection, Patent Applications, Patent Term Adjustment, Patents, USPTO

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What Are a Disclosure Statement and a Plan, and What Are the Key Elements of These Documents? – Creditor’s Rights Toolkit

Disclosure statements and plans contain considerable information, and the most pressing issues for a creditor can vary depending on the nature of the creditor’s claim and its relationship with the debtor. This is determined on a…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which…more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB — Patents: Post-Grant Podcast

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partner Andy…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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FINRA’s First Disciplinary Action Targeting Firm’s Use of Social Media Influencers

The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a financial…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Influencers, Investment Opportunities, Misleading Statements

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Preparing for IRS Cash Transaction Reporting in the Cannabis Industry

The various forms of information reporting required by the Internal Revenue Code form the backbone of both voluntary compliance with tax laws and the starting point for audits by the Internal Revenue Service (IRS). One form that…more

Business Taxes, Cannabis-Related Businesses (CRBs), Cash Transactions, Controlled Substances, Dispensaries

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CMS and CDC Update Nursing Home Visitation Guidance to Reflect Vaccine Rollout

Why It Matters - The guidance relaxes and quells confusion around visitation guidelines created by the increasing prevalence and availability of vaccines for COVID-19…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Infectious Diseases, Nursing Homes

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Time to Assess "Foreign Private Issuer" Status - 2023

It is time to assess “foreign private issuer” status. Foreign public and private issuers enjoy the benefits of significant exemptions and exclusions from registration under U.S. federal securities laws based on whether they are…more

Capital Markets, Foreign Private Issuers, Publicly-Traded Companies, Registration Statement, Securities Regulation

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Will Resiliency Carry the Digital Asset Sector Through 2024?

In 2023, the digital asset industry demonstrated remarkable resilience amidst significant challenges, including the dissolution of several digital asset financial services companies, numerous bank failures, and a $4.7 billion…more

Banks, Blockchain, Consumer Financial Products, Cryptoassets, Cryptocurrency

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Decision by New York's Highest Court Results in Account Debtor Owing Its Counterparty's Debts

In Worthy Lending LLC v. New Style Contractors. Inc., New York’s highest court, the New York Court of Appeals, has ruled that a security interest includes a lender’s right to force the borrower’s account debtors to remit…more

Borrowers, Debtors, Lenders, Loans, NY Supreme Court

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DOJ Releases Final Rule on Web Content Accessibility Requirements for State and Local Governments Under Title II of the ADA

On April 8, the U.S. Department of Justice (DOJ) released its Final Rule to revise existing regulations implementing Title II of the Americans with Disabilities Act (ADA). This Final Rule clarifies the obligations of state and…more

Americans with Disabilities Act (ADA), Consumer Financial Products, Department of Justice (DOJ), Final Rules, Financial Services Industry

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Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider…more

Infrastructure, Project Finance, Public Private Partnerships (P3s), Public Projects, Transportation Industry

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NY Rolls Back Health Care Providers’ COVID-19 Immunity Protections

On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers…more

Coronavirus/COVID-19, Criminal Liability, Criminal Prosecution, Executive Orders, Governor Cuomo

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Is an Autonomous Vehicle Patent War Revving Up?

Autonomous vehicles are paving the way as the next big innovation in personal transportation. With new technology, first comes the excitement of breakthroughs in any industry. Then comes the patent litigation arguments over who…more

Automotive Industry, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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The Stick and the Carrot: DOJ Continues to Eye Corporate Crimes, While Encouraging Prompt Self-Disclosures of Misconduct Discovered During M&A

On October 4, Deputy Attorney General (DAG) Lisa Monaco announced the Department of Justice’s (DOJ) new Safe Harbor Policy for voluntary self-disclosures made in connection with mergers and acquisitions (M&A). This policy is a…more

Compliance, Cooperation, Corporate Crimes, Corporate Misconduct, Corruption

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HUD Issues Rulemaking Amending Regulations Governing Admission to Public Housing for Applicants with Criminal Records

Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and…more

Comment Period, Criminal Records, HUD, Notice of Proposed Rulemaking (NOPR), Property Owners

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New Trademark Fees at USPTO

On January 2, 2021, the U.S. Patent and Trademark Office (Trademark Office) will introduce the modified and new trademark fees summarized below…more

Fees, Trademark Office, Trademarks, USPTO

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ODP Should Not Nullify PTA

The long and arduous path of prosecution begins with the filing of a parent patent application. Several years later, the applicant files a first continuation application. A few more years pass after which the applicant files a…more

Patent Applications, Patent Infringement, Patent Term Adjustment, Patents, USPTO

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OIG Advisory Opinion Has Key Takeaways for Programs Designed to Assist Needy Patients

Can a pharmaceutical manufacturer provide free items or services to financially needy Medicare and Medicaid beneficiaries without running afoul of the Beneficiary Inducements Civil Monetary Penalty (CMP) or the Anti-Kickback…more

Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Digital Health, Low-Income Issues

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Dressing for Success: Workplace Fashion Inspired by Julia Roberts' Erin Brockovich — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes,…more

Employer Liability Issues, Hiring & Firing, State Labor Laws, Wage and Hour

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Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this…more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Four Principles Private Equity Investors and Strategic Acquirers Can Teach Each Other in a Slowing and Ever-Changing Deal Market

After an overheated 2020 and 2021, the U.S. economy is slowing down in the face of increasing uncertainty — and is taking the deal market with it. We expect 2022′s slowing deal market to stay that way into 2023. As importantly,…more

EBITDA, Investment, Investors, Private Equity

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NY Executive Order Provides Relief for Tenants and Property Owners Impacted by COVID-19

On May 7, 2020, New York Gov. Andrew Cuomo enacted Executive Order No. 202.28, which extended and expanded — but in some cases narrowed — the temporary suspension of several New York state laws due to the COVID-19 crisis. The…more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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FDA Issues New Draft Guidance for Unapproved Use Communications

On Monday, October 24, the Food and Drug Administration (FDA) issued a new draft guidance titled, “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared…more

Draft Guidance, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences

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SEC Comment Letter Update

Overview - This article highlights comment letters publicly issued by the Securities and Exchange Commission (SEC) to Real Estate Investment Trusts (REITs) during 2022. The SEC issues comment letters in connection with its…more

Non-GAAP Financial Measures, Regulation S-K, REIT, SEC Comment Letter Process, Securities and Exchange Commission (SEC)

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Post-Injunction Enforcement — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of…more

College Athletes, Colleges, Compensation & Benefits, Name and Likeness, NCAA

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

See all updates »

FDIC Announces Two More Consent Orders Containing Third-Party Risk Management and Fintech Partnership Orders

On March 29, the Federal Deposit Insurance Corporation (FDIC) announced two more consent orders containing provisions relating to banks’ third-party risk management programs with respect to banking as a service (BaaS)…more

Banks, Consent Order, Consumer Financial Products, Enforcement Actions, FDIC

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U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense…more

401k, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Exploring the Potential of Georgia's Merchant Acquirer Limited Purpose Bank Charter — Payments Pros: The Payments Law Podcast

In this episode of Payments Pros, Keith Barnett is joined by James Stevens to discuss the Merchant Acquirer Limited Purpose Bank Charter (MALPB) in Georgia, a unique charter that allows companies to offer merchant payment…more

Credit Cards, Debit and Credit Card Transactions, Financial Services Industry, Merchants, Retail Market

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - June 2022

Like most industries today, Consumer Finance Services businesses continue to be significantly impacted by COVID-19. To help you keep abreast of relevant activities, below find a breakdown of some of the biggest legislative and…more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Department of Financial Protection and Innovation (DFPI), Financial Services Industry, Popular

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Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an…more

Educational Institutions, Financial Aid, Financial Assistance Policies, Motion to Dismiss, Statutory Interpretation

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Revised Summary of CARES Act and FFCRA Tax Credit and Payroll Tax Relief

This is an update to our “Summary of CARES Act and FFCRA Tax Credit and Payroll Tax Relief” chart published on May 21, 2020, that summarizes the payroll and tax credit programs under the Coronavirus Aid, Relief, and Economic…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paycheck Protection Program (PPP)

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Election in France: Implications for US Relations

France’s Parliament consists of 577 members, making 289 seats necessary for an absolute majority. In the recent election, President Emmanuel Macron’s party managed just 245 seats — the first time in 20 years that the sitting…more

Foreign Relations, France, President Macron

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Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County…more

Attorney's Fees, Constitutional Challenges, Consumer Protection Act, Financial Services Industry, Retailers

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Delaware Bankruptcy Court: Debtors Can Offset Administrative Claims Before General Unsecured Claims

While section 503(b)(9) claims deserve priority payment over general unsecured claims, they do not provide a basis for stripping a debtor’s defenses in determining the allowed amount of a section 503(b)(9) claim…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Section 503(b)(9)

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Delaware Supreme Court Affirms Historic Material Adverse Effect Ruling

On December 7, 2018, the Delaware Supreme Court issued an order affirming the judgment of the Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018). …more

Contract Termination, DE Supreme Court, Fresenius, Material Adverse Effects, Merger Agreements

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New Jersey Federal Court Reviews Call Transcript to Dismiss FDCPA Complaint

In March, the U.S. District Court for the District of New Jersey granted the defendant’s motion to dismiss a claim that the defendant violated § 1692e(8) of the Fair Debt Collection Practices Act (FDCPA) when it failed to report…more

Consumer Reporting Agencies, Debt, FDCPA, Financial Services Industry, Motion to Dismiss

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Shedding Light on the AAA's Streamlined Three-Arbitrator Panel Option

On May 1, 2017, the American Arbitration Association (AAA) announced a new procedure under the AAA’s Arbitration Rules aimed at lowering the administrative cost of arbitrations involving three-arbitrator panels. Originally…more

Administrative Expenses, American Arbitration Association, Arbitration

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The Capacity Crunch, Part Three: Unpacking the Power of the IRA: The Potential Game-Changing Opportunities for Utilities

The IRA presents new and unique opportunities to utilities, and leveraging these economic benefits may be a game changer for the entire marketplace. In this video, Troutman Pepper Associates Josh Combs and Charlie Suessmith…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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City Must Save Neighborhoods From the Tangled-Title Epidemic

Inga Saffron's recent Inquirer article drew a powerful connection between gentrification and the issue of tangled titles. With home values in certain neighborhoods rising, and properties becoming more attractive to outside…more

Deed of Trust, Federal Funding, Homeowners, HUD, Land Titles

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New York Narrows the Scope of Employee “Invention Assignment” Provisions

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions…more

Confidential Information, Employee Handbooks, Employee Inventors, Employees, Employment Contract

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IP Protection for Featured Characters in Digital and Physical Media

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game. However,…more

Copyright, Copyright Infringement, Copyright Litigation, Design Patent, Digital Media

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Unanimous Court Cuts FTC's Power to Seek Monetary Redress

On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,…more

AMG Capital Management LLC v FTC, Enforcement Actions, Enforcement Authority, Federal Trade Commission (FTC), FTC Act

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Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against Subsidence Damages

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land for…more

Appeals, Coal Industry, Coal Mines, Contract Disputes, Contract Terms

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Getting the Benefit of Your 'Exclusive Use' Bargain

Make sure your retail tenant’s “exclusive use” applies to all shopping center parcels. An “exclusive use” provision in a lease is a retail tenant’s best friend — it prohibits the landlord from allowing other space in a…more

Commercial Leases, Exclusive Use, Retail Market, Retailers, Shopping Centers

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EEOC Updates and Expands COVID-19 Vaccination Technical Assistance and Rules for Employer Vaccine Incentives

Who Needs to Know - All employers considering mandatory vaccinations and vaccine incentives at the workplace. Why It Matters - The EEOC updated technical assistance questions and answers regarding COVID-19…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

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First Diversity-Driven Derivative Suit in Facebook Case Tossed by Northern District of California

As Troutman Pepper recently reported, the second half of 2020 brought a new wave of board diversity derivative litigation. These shareholder suits claimed boards of directors of public companies allegedly breached their…more

Board of Directors, Demand Futility, Derivative Suit, Diversity, Facebook

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Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears…more

Evidence, Jury Instructions, Jury Trial, Jury Verdicts, Litigation Strategies

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Women at the ITC in 2023: What This Year's Data Shows

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are…more

Administrative Hearings, Administrative Law Judge (ALJ), Diversity and Inclusion Standards (D&I), Imports, Intellectual Property Protection

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The Changing Landscape of State AG Antitrust Enforcement — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Ashley Taylor is joined by his colleague Drew Mann to discuss the recent increase in antitrust actions by state attorneys general (AGs) and the potential impact of the State Antitrust…more

Acquisitions, Antitrust Division, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ)

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Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong…more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

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Water Cooler Talk: Trade Secret Lessons From 'Severance'

Earlier this month, President Joe Biden signed into law the Protecting American Intellectual Property Act, which aims to protect U.S. intellectual property by imposing sanctions on companies and individuals involved in trade…more

Confidential Information, Intellectual Property Protection, Misappropriation, Trade Secrets

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term…more

Debentures, Financial Institutions, Financing, Investment, Long-Term Investment Funds

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Reexamination in IPR and PGR Practice – Patents: Post-Grant Podcast

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In the final installment of this…more

Inter Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patents, Post-Grant Review

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EpiPen Ruling Could Embolden Private Anti-Kickback Claims

Earlier this year, the U.S. District Court for the District of Minnesota approved a new liability theory that would effectively create a private right of action for violations of the federal Anti-Kickback Statute. Originally…more

Anti-Kickback Statute, Health Care Providers, Healthcare Fraud, Kickbacks

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Senate Confirms Merrick Garland as Attorney General: Is an Antitrust Czar on the Horizon?

On March 10, the Senate confirmed Merrick Garland as the 86th U.S. attorney general, laying the groundwork for the Biden administration to begin implementing its priorities, including the possible appointment of an antitrust…more

Attorney General, Biden Administration, Senate Confirmation Hearings

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A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic Arbitration Awards

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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A Day in the Life of a Financial Services General Counsel - The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his colleague Vin Thomas as they discuss what it’s like to be a general counsel of a financial services company, based on Vin’s long experience as a financial services general…more

Acquisitions, Financial Services Industry, Initial Public Offering (IPO), Mergers

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Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator…more

Energy Policy, FERC, Final Rules, Infrastructure, Interconnections

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Monitorships – A Resource for AGs and Regulated Businesses Alike

Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance…more

Asset Purchase Agreements, Corporate Monitoring, Health Care Providers, Healthcare, Healthcare Facilities

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Payments and the Solar Industry - Payments Pros: The Payments Law Podcast

In this episode of Payments Pros, Josh McBeain welcomes his colleague Andrew Thurmond to discuss residential solar projects as well as the financing and payment options that are available for these types of projects. With…more

Energy Projects, Energy Sector, Energy-Efficiency Tax Credits, Payment Systems, Power Purchase Agreements

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Feds Take Action to Alleviate Supply Chain Issues Impacting Solar Industry

While the solar module market continues to experience the shipping and inflation issues that are impacting many industries, the U.S. Department of Commerce (DOC) and the U.S. Customs and Border Protection (CBP) have taken action…more

Customs and Border Protection, Imports, Solar Energy, Solar Panels, Supply Chain

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Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World

In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual…more

Confidential Information, Coronavirus/COVID-19, Intellectual Property Protection, Misappropriation, Non-Disclosure Agreement

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Key Elements of the Proposed Credit Card Competition Act

In June, Sens. Richard Durbin, D-Ill., Roger Marshall, R-Kan., Peter Welch, D-Vt., and J.D. Vance, R-Ohio, introduced the Credit Card Competition Act of 2023, which is a reintroduction of a substantially identical bill…more

Credit Cards, EFTA, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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The Murky World of IP Protection for Gene-Edited Plants

Agribusiness is currently experiencing both a technological revolution and a corresponding increase in intellectual property uncertainty and disputes. Originally published in Law360 - October 26, 2023…more

Agribusiness, Biotechnology, Conversion, Genetic Materials, Genetically Engineered Seed

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PCAOB Proposes Massive Expansion of the Auditor's Role

On June 3, the Public Company Accounting Oversight Board (PCAOB) proposed sweeping new auditing standards (PCAOB Release No. 2023-003) that would require auditors to consider a company’s noncompliance with laws and regulations…more

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Reopening Commercial Buildings: COVID-19 Issues Podcast

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss legal and business issues companies are confronting in light of the COVID-19 pandemic. In this episode, Troutman Sanders partner Gary Knopf,…more

Commercial Property Owners, Coronavirus/COVID-19, Landlords, Premises Liability, Re-Opening Guidelines

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SBA’s Restaurant Revitalization Fund Begins Taking Applications May 3

Congress created the Restaurant Revitalization Fund (Fund) as a part of the larger American Rescue Plan Act of 2021 (H.R. 1319) (Act), which President Biden signed into law last month with $28.6 billion allocated to the Fund…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Restaurant Industry

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California AG Releases Proposed CCPA Implementing Regulations

On October 10, the California Attorney General released highly anticipated proposed regulations implementing the California Consumer Privacy Act (CCPA). The CCPA, which takes effect on January 1, 2020, provides California…more

California Consumer Privacy Act (CCPA), Comment Period, Consumer Privacy Rights, COPPA, Cybersecurity

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Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Business Litigation

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DOL Clarifies Deadlines for Lifetime Income Illustration Disclosure Requirements Which Take Effect on September 18, 2021

Section 105 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), requires administrators of defined contribution plans to provide participants with periodic pension benefit statements. Benefit statements…more

Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA), Lifetime Income Disclosures

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Florida State Court Dismisses Letter Vendor Claim for Lack of Standing

In Scott v. Collecto, Inc., the plaintiff filed a complaint in state court alleging a violation of the Fair Debt Collection Practices Act (FDCPA) and common law negligence based on the defendant’s use of a letter vendor to send…more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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IRS Issues Guidance on Section 162(m) Changes

On August 21, the IRS issued Notice 2018-68 to provide guidance on changes to Internal Revenue Code Section 162(m), enacted by the Tax Cuts and Jobs Act of 2017 (TCJA). Section 162(m) generally limits the tax deduction available…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Grandfathering Rules

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Great Expectations: HIPAA-Regulated Entities Asked to Know Users' Intent on Unauthenticated Webpages

On March 18, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued an updated bulletin to "increase clarity for regulated entities and the public" with respect to the use of online tracking…more

Authentication, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Internet

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Fifth Circuit Reverses Transfer of Credit Card Late Fee Rule Lawsuit to D.C.

On April 5, the U.S. Court of Appeals for the Fifth Circuit issued an order effectively reversing the district court’s decision to transfer the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards, Debt Collection

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Investment Management Update - March 2021

Just before we said goodbye to 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended (Advisers Act). The SEC…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, OCIE

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FFIEC Guidance Emphasizes the Key Role of Risk Assessments in Supporting Strong Financial Institution Authentication and Access Controls

As our colleagues from the Consumer Financial Services Group reported on August 11, the Federal Financial Institutions Examination Council (FFIEC) issued guidance titled “Authentication and Access to Financial Institution…more

Banking Sector, Cybersecurity, FFIEC, Financial Institutions, Popular

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How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the…more

Brand, College Athletes, Influencers, Name and Likeness, NCAA

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Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has…more

Air Pollution, Chevron Deference, Clean Energy, Clean Power Plan, Climate Change

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PA Law Allows Municipal Governments to Hold Virtual Meetings for Zoning and Land Development Applications

On April 20, Pennsylvania Gov. Tom Wolf signed into law Act 15 of 2020 (previously SB 841), which expressly authorizes municipal governments and local agencies to hold virtual meetings during the pendency of the COVID-19…more

Coronavirus/COVID-19, Relief Measures, Virtual Meetings

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Multiple Interpretations and Credit Reporting: Third Circuit District Court Dismisses Plaintiff’s First Amended Complaint in FDCPA Case

In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized…more

Debt Collection, Debt Collectors, FDCPA, Financial Services Industry, Motion to Dismiss

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8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023…more

Advertising, Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Food & Drug Regulations

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Texas Federal Court Grants Preliminary Injunction in Community Reinvestment Act Lawsuit

On March 29, a Texas federal court granted a preliminary injunction enjoining the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies)…more

Community Reinvestment Act, Consumer Financial Products, Final Rules, Financial Institutions, Financial Regulatory Reform

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Del. Related Claims Ruling Is Good News for Insurers

On March 16, the Delaware Supreme Court rejected the “fundamentally identical” standard that Delaware courts had previously used as the test for assessing relatedness-based coverage issues. Instead, Delaware courts will now be…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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New York Narrows the Scope of Employee “Invention Assignment” Provisions

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions…more

Confidential Information, Employee Handbooks, Employee Inventors, Employees, Employment Contract

See all updates »

High Time for the Supreme Court to Review Ascertainability in Class Actions

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never be…more

Ascertainable Class, Class Action, Class Certification, ConAgra, Cy Pres Funds

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More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive…more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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The Continuing Negative Impact of Federal and State Taxation on the Cannabis Industry; Where Do We Go from Here?

The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the District…more

Agribusiness, Business Taxes, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances

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California Court of Appeal Affirms Grant of Summary Judgment Against Health Care Provider in Win for Managed Care Payors and Claims Administrators

The California Court of Appeal, in a major win for managed care payors and claims administrators, affirmed a lower court decision granting summary judgment in favor of United Healthcare (United), finding that United did not…more

Binding Agreements, Breach of Contract, Health Care Providers, Health Insurance, Healthcare

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PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which…more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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CFPB Relaxes Underwriting Requirement for Small Dollar Lending

The Consumer Financial Protection Bureau (CFPB) issued a final rule on July 7, 2020 rescinding the mandatory ability to repay underwriting provisions on small dollar loans that it had previously announced under 12 C.F.R. § 1041…more

Ability-to-Repay, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Small Dollar Lenders

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CFPB Reports on Student Borrowers’ Experiences During Return to Loan Repayment

As federal student loan repayments resume after a three-year pause due to the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) published an Issue Spotlight on student borrowers’ experiences, using consumer…more

Borrowers, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection

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On Rehearing FERC Again Rejects MISO Proposal for Transmission Owners to Self-Fund Necessary Upgrades to Connect Merchant HVDC Lines

On December 16, 2022, FERC again rejected the Midcontinent Independent System Operator Inc. (“MISO”) proposal for Transmission Owners to self-fund Necessary Upgrades to connect Merchant High Voltage Direct Current (“HVDC”)…more

Energy Sector, FERC, Transmission Lines

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Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties…more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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Courts Decline to Impose Liability on Subcontractor Where Contractor Could Not Prove Subcontractor’s Exclusive Control on Shared Project Site

United Illuminating Company v. Whiting-Turner Contracting Co. v. Cherry Hill Construction Co., Inc., et al. v. GEI Consultants, Inc., et al., 3:18-cv-00327-WWE (D. Conn. 2019) - In 2010 The United Illuminating Company (“UI”),…more

Construction Contracts, Construction Defects, Construction Project, Contract Terms, Defect

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Employee Benefits and Executive Compensation: Getting Ready for 2024 - Health and Welfare Plan Developments — Special Edition Podcast

In the second episode of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield and Lydia Parker discuss key health and welfare plan developments as we close out 2023 and head into…more

Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Executive Compensation

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Deadline for New UK Contract Requirements for Personal Data Transfers Is Here (EU and California Deadlines Looming)!

Don't Hyperventilate. There are new United Kingdom (UK), European Union (EU), U.S., and global regulatory requirements that just went into effect or will be effective before or soon after year-end that will impact contracts…more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), International Data Transfers

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Not Your Keys, Not Your Coin: SEC Tells Crypto-Custody Providers to Report Platform Users’ Crypto Holdings as Balance Sheet Liabilities

On March 31, the Securities and Exchange Commission (SEC) issued Staff Accounting Bulletin No. 121 (Bulletin), noting that a company safeguarding or exerting custody over cryptocurrency on behalf of its platform users must…more

Blockchain, Cryptoassets, Cryptocurrency, Securities and Exchange Commission (SEC), Virtual Currency

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Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International…more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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2023 Amendments to DGCL Streamline Ratification of Defective Corporate Acts, Stock Splits, and Other Corporate Actions

The latest proposed amendments to the Delaware General Corporation Law (DGCL) will simplify the process for ratifying defective corporate acts; eliminate or reduce the stockholder vote required to authorize some types of stock…more

Appraisal Rights, Defective Corporate Acts, Delaware General Corporation Law, Doing Business, Ratification

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US DOL Updates Prevailing Wage Rules for Construction Industry

On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication of…more

Anti-Retaliation Provisions, Construction Industry, Construction Workers, Department of Labor (DOL), Employer Liability Issues

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SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in…more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff from…more

Contract Disputes, Homeowner's Insurance, Insurance Litigation, Negligence, Property Damage

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product…more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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Opportunities and Optimism: M&A Deal Trends — A Recap Discussion Around ACG Atlanta M&A South Panel

Troutman Pepper Private Equity Partner Alec Watson recently moderated a panel at the ACG Atlanta M&A South Conference. In this podcast, Alec and fellow Partner Jeremy Levy discuss the following panel topics and takeaways: -…more

Acquisitions, Buyers, Mergers, Representations and Warranties Insurance, Sellers

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High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act

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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Disputes, Contract Interpretation

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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and…more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

See all updates »

PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Business Litigation

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Second Circuit Limits Disclosure of Independent Monitor Reports in Deferred Prosecution Cases

On July 12, the U.S. Court of Appeals for the Second Circuit issued an important decision regarding the role of federal courts in cases resolved through deferred prosecution agreements (DPAs) — a settlement avenue that the…more

Banking Sector, Corporate Counsel, Criminal Investigations, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Third Circuit Finds Pennsylvania’s Consumer Discount Company Act Does Not Apply to Debt Collectors

In representing fintech companies and other lenders, we increasingly confront claims against debt buyers or entities with bank partner relationships brought under Pennsylvania’s Consumer Discount Company Act (CDCA) and the Loan…more

Consumer Financial Products, Debt, Debt Collection, Debt Collectors, Financial Institutions

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How the Supreme Court’s Clarification of Enablement in Amgen May Affect the Future of Patent Law

On November 4, the U.S. Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. See generally Amgen Inc., v. Sanofi, No. 21-757 (U.S. 2022). The Court’s decision will…more

Amgen, Patent Act, Patent Infringement, Patent Litigation, Patents

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US Supreme Court Limits Scope of Omission Liability for Section 10(b) Securities Fraud Claims

On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934…more

Failure To Disclose, Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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FTC Announces Vote on Rule to Ban Noncompetes

The Federal Trade Commission (FTC) has announced that the commission will vote April 23 on its proposed rule to ban noncompete agreements. While the final rule may differ from the Notice of Proposed Rulemaking issued in January…more

Employment Contract, Federal Trade Commission (FTC), FTC Act, Labor Reform, Non-Compete Agreements

See all updates »

Bankruptcy Case Is Reminder on Collateral Ownership Issue

On April 28, the U.S. Bankruptcy Court for the Northern District of Oklahoma in Kirtley v. Mabrey Bank (In re: Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal…more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Collateral, Creditors

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California AG Bonta Upholds $21M Penalty Against Ashford University Over GI Bill Errors

In a recent ruling, the California Court of Appeal largely affirmed a lower court’s decision from March 2022, finding that Ashford University (now known as University of Arizona Global Campus), an online, for-profit college, had…more

California, Educational Institutions, Enforcement Actions, False Claims Act (FCA), Financial Aid

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Navigating Power Allocation and Customer Choice in a Regulated Landscape

The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to achieve…more

Electricity, Energy Projects, Energy Sector, Energy Storage, Power Grid

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California's AB 3129: Implications for Private Equity Investments in Physician Practices

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General (AG)…more

Health Care Providers, Healthcare, Investment, Investors, Physicians

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Delaware Court of Chancery Highlights Seriousness of Cybersecurity Concerns While Maintaining High Standard for Caremark Claims

On October 5, the Delaware Court of Chancery issued a decision in Firemen’s Retirement System of St. Louis v. Sorenson, et al., C.A. No. 2019-0965-LWW, dismissing breach of fiduciary duty claims brought against various Marriott…more

Caremark claim, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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California Federal Judge Rejects Fourth Attempt at Settlement Approval in Five Guys Class Action

On January 24, the U.S. District Court for the Eastern District of California took the unusual step of declining to sign off — for the fourth time — on a proposed settlement, resulting from a putative class-action lawsuit…more

Class Action, Class Certification, Employment Litigation, FRCP 23, Putative Class Actions

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FOIA Exemption Questions on Redacted HHS Cannabis Letter

The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,…more

Attorney-Client Privilege, Cannabis Products, Controlled Substances, Controlled Substances Act, DEA

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CFPB Bans Third-Party Payment Processor and Its Founder for Ignoring Fraud and Supporting Scammers

On January 18, the Consumer Financial Protection Bureau (CFPB) filed a proposed final judgment and order in its March 2021 lawsuit against BrightSpeed Solutions, a third-party payment processor, and its founder, Kevin Howard. If…more

Civil Monetary Penalty, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Fraud, Payment Processors

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Investment Management Update - February 2022

Covering legal developments and regulatory news for funds, their advisers, and industry participants for the period July 2021 through December 2021. …more

Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Securities and Exchange Commission (SEC), Universal Proxy Cards

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Michigan Creates New PFAS In Drinking Water Standards

On July 27, the Michigan Legislature’s Joint Committee on Administrative Rules (JCAR) filed new administrative rules and rule amendments concerning Michigan’s drinking water standards with the Michigan Secretary of State’s…more

Contamination, Drinking Water, Environmental Policies, Groundwater, Hazardous Substances

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PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which…more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and…more

Agribusiness, Article III, Breach of Contract, Business Disputes, Business Litigation

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SEC Adopts Final Rules Amending and Modernizing Beneficial Ownership Reporting Requirements

On October 10, the Securities and Exchange Commission (SEC) adopted, by a bipartisan 4-1 margin, the final rules to amend and modernize the regulations governing beneficial ownership reporting under Sections 13D and 13G of the…more

Beneficial Owner, Business Ownership, Filing Deadlines, Final Rules, Regulatory Reform

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With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Financial Institutions

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CFPB Proposes to Dramatically Cut Safe Harbor for Credit Card Late Fees

Today the Consumer Financial Protection Bureau (CFPB) published a proposed rule with request for public comment that would amend Regulation Z to: 1) decrease the safe harbor for credit card late fees to $8 and eliminate…more

CARD Act, Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards

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Navigating Facility Relocation: Legal and Practical Considerations — Regulatory Oversight Podcast

This episode of Regulatory Oversight spotlights a recent episode of The Consumer Finance Podcast, "Navigating Facility Relocation: Legal and Practical Considerations," featuring David Dove from our Regulatory Investigations,…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Regulatory Reform, Financial Services Industry, Regulatory Oversight

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Troutman Pepper Attorneys Update Fair Lending Handbook for the American Association of Bank Directors - The Consumer Finance Podcast

Please join Troutman Pepper Partners Chris Willis and Lori Sommerfield, along with American Association of Bank Directors (AABD) President David Baris, for a special announcement about the recently published second edition of…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA, Enforcement, Fair Housing Act (FHA)

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Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a…more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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State AGs Lead the Way in False Advertising Enforcement

Advertisements are everywhere. As we are constantly bombarded with information about the latest trends in every area from health and nutrition to finance and technology, it can be difficult to determine what information we can…more

Advertising, False Advertising, FTC Act, State Attorneys General, Unfair or Deceptive Trade Practices

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The Challenges and Opportunities of Interconnection and Transmission of Renewable Energy

The boost enabled by the Inflation Reduction Act has, to some extent, been counterbalanced by a range of transitional issues. In this video, Troutman Pepper Partners Brian Harms and Fred Wilson discuss these top-of-mind…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Delaware Court of Chancery Invalidates Common Governance Rights in Stockholder Agreement

In West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, the Delaware Court of Chancery invalidated a set of approval rights contained in a stockholder agreement as facially in conflict with Section 141(a) of the…more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Shareholder Litigation, Shareholder Rights

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Troutman Pepper Weekly Consumer Financial Services Newsletter - April 2024 # 4

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

Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Department of Justice (DOJ)

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Investment Management Update – Exit Strategies

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,…more

Acquisitions, Appraisers, Asset Management, Buyouts, Carried Interest

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FDIC Proposes Increased Scrutiny of Bank Mergers

Today, a divided Federal Deposit Insurance Corporation’s (FDIC) Board of Directors issued a proposed Statement of Policy (SOP) on bank merger transactions that would create a combined bank with more than $100 billion in assets…more

Anti-Competitive, Bank Merger Act, Banks, Comment Period, Corporate Sales Transactions

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Federal Appeals Court Finds CFPB's Structure Unconstitutional

While certainly a big blow to the Bureau, the court’s remedy did not go as far as some CFPB opponents would have liked. In a blockbuster ruling on October 11, the U.S. Court of Appeals for the District of Columbia Circuit…more

Administrative Proceedings, Article II, Banking Sector, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB)

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Deadline for New UK Contract Requirements for Personal Data Transfers Is Here (EU and California Deadlines Looming)!

Don't Hyperventilate. There are new United Kingdom (UK), European Union (EU), U.S., and global regulatory requirements that just went into effect or will be effective before or soon after year-end that will impact contracts…more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), International Data Transfers

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Charging Transportation Electrification Forward: Identifying Opportunities & Regulatory Solutions in the Rapidly Evolving EV Market - Energy Law Insights

The rapidly evolving electric vehicle (EV) market presents electric utilities, EV service providers, private developers, and other stakeholders with several challenges and opportunities. These complex, and often novel,…more

Automotive Industry, Charging Stations, Electric Vehicles, Energy Sector, Infrastructure

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Powering Through the Environmental Challenges of EV Development - Energy Law Insights

Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors…more

Automotive Industry, Carbon Emissions, Electric Vehicles, Energy Sector, Environmental Policies

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New York Secures $1M Settlement With Northwell Health Related to COVID-19 Testing Charges

On April 12, New York Attorney General (AG) Letitia James announced that her office has reached a settlement with Northwell Health, New York’s largest health care network, related to allegations of misleading billing practices…more

Billing, Coronavirus/COVID-19, Health Insurance, Healthcare, New York

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Third Circuit Affirms Limit on FTC's Authority to Sue in Federal Court

A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct that…more

Administrative Law Judge (ALJ), Antitrust Provisions, Antitrust Violations, Enforcement Actions, Equitable Relief

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Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging…more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Seventh Circuit Revives McDonald's Employee No-Poach Litigation

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the…more

Antitrust Litigation, Antitrust Provisions, Class Action, Employer Liability Issues, Employment Contract

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CMS Recommendations For Reopening Health Care Facilities For Non-Emergent NON-COVID-19 Care

On April 19, the Centers for Medicare & Medicaid Services (CMS) issued recommendations to health care facilities for the first phase of reopening facilities to provide non-emergent non-COVID-19 health care…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Re-Opening Guidelines

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Lessons for Skilled Nursing and Assisted Living Facilities From the ‘Largest Health Care Fraud Case’

Phillip Esformes, the alleged mastermind of one of “the largest single criminal health care fraud cases ever brought against individuals by the Department of Justice,”has finally reached a plea deal with the Department of…more

Anti-Kickback Statute, Assisted Living Facilities (ALFs), Bribery, Department of Justice (DOJ), Healthcare

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FinCEN Issues Alert for Financial Institutions on Red Flags for “Pig Butchering” Schemes

On September 8, the Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) issued an alert warning financial institutions to be vigilant against a prominent virtual currency investment scam called “pig…more

Cryptocurrency, Electronic Fund Transfer Act, Financial Crimes, Financial Fraud, Financial Institutions

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NILAR: Oregon's New Bill Changes the Name of the Game

On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic…more

Athletes, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB — Patents: Post-Grant Podcast

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partner Andy…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second…more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Michigan Manufacturers May Resume Production On May 11-But There's A Catch

On May 7, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-77 (Order), extending the mandatory stay-at-home restrictions for all Michigan residents through May 28…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Manufacturers

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DOJ Amplifies Compliance Guidance, Focusing on Customization, Continuous Improvement, Third-Party Relationships and Resourcing

On June 1, the U.S. Department of Justice updated its guidance on the Evaluation of Corporate Compliance Programs (DOJ Compliance Guidance). While the changes are modest, they reflect DOJ’s evolving expectations regarding…more

Anti-Corruption, Compliance Management Systems, Department of Justice (DOJ), Third-Party Risk, White Collar Crimes

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Trend of Fintech Companies Seeking U.S. Banking Licenses Continues

The trend of fintech companies seeking or acquiring U.S. banking licenses continues to build momentum, furthering the convergence of fintech and banking. More fintech companies are applying and being approved for banking…more

Banking Sector, Banks, FDIC, FinTech, OCC

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IP Protection for Featured Characters in Digital and Physical Media

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game. However,…more

Copyright, Copyright Infringement, Copyright Litigation, Design Patent, Digital Media

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Long-Term Part-Time Employee Eligibility Rules Now in Effect — Troutman Pepper Podcast

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE…more

Benefit Plan Sponsors, Employee Benefits, Proposed Regulation, Retirement, Retirement Funds

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Ninth Circuit Reverses District Court, Sending Opportunity Financial Lawsuit to Arbitration

The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was…more

Arbitration, Arbitration Agreements, Consumer Financial Products, Federal Arbitration Act, Financial Services Industry

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Failing Forward: How to Raise a Successful Down-Round in 2023

What’s a founder to do? Banks are collapsing; interest rates continue to creep upward; the IPO window remains limited; but growth-stage companies need capital and can only cut costs so much. With continued economic tightness…more

Capital Raising, Down Rounds, Early Stage Companies, Emerging Growth Companies, Financing

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SEC Issues Final Climate Disclosure Rules, Paring Down Its 2022 Proposal, With Implications for Greenwashing Claims

The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
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  • Company Name
  • Company Industry
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  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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