The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more
The Maryland Legislature has passed a Bill which addresses management of postconsumer paint sold at retail in Maryland. The Bill is denominated HB 1....more
In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more
It’s a phrase this writer didn’t know about. But there it was in a Forbes Magazine article on October 14. In short, a “doom loop” is when a house of financial cards starts to tumble. A couple creates a tangle of assets and...more
Adult children in Pennsylvania with aging parents might be shocked to learn that they can be financially responsible for their parents’ nursing home bills. Pennsylvania, along with many other states, has filial support laws...more
The regulations would terminate access to federal financial aid for certain programs and increase transparency across all postsecondary programs. The proposed “gainful employment rule” would limit a postsecondary...more
The issue of chief compliance officer (CCO) liability has long been debated; it has become a grave concern for CCOs, CEOs, and other C-suite executives who put on “too many hats” within an organization and take on the firm’s...more
“We cannot enforce insurance provisions that render coverage so narrow it is illusory.” The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where...more
On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs....more
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
In Farm Bureau v. Dana, the North Carolina Supreme Court held that the Financial Responsibility Act requires a claimant to treat the per accident limit of coverage as the total sum that is available to all claimants entitled...more
The New York State Department of Environmental Conservation (NYSDEC) is updating its Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) rules. The PBS and CBS programs regulate facilities storing small to large...more
Uninsured motorist (UM) coverage is a component of an auto insurance policy that provides coverage for you, the policyholder, when you are involved in an accident with someone who does not have insurance. Underinsured...more
On October 14, 2020, the Federal Maritime Commission (FMC) is issuing an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on potential regulatory changes to its passenger vessel operator (PVO) financial...more
The United States Environmental Protection Agency (“EPA”) and Aero Star Petroleum, Inc., (“Aero”) entered into a March 3rd Consent Agreement/Final Order (“CAFO”) addressing alleged violations of the federal underground...more
Kilpatrick Townsend’s Scott Marrah and Adria Perez recently spoke on the “Anti-Corruption and Compliance” panel at the Association of Corporate Counsel of Georgia seminar on “Doing Business in China: Exploring Cross-Border...more
Culminating two years of negotiated rulemaking, the U.S. Department of Education (the Department) published on Aug. 30, 2019, new "Institutional Accountability" regulations that apply to all federal student loans disbursed...more
On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more
The U.S. Department of Education (DOE) released final regulations for student borrower defense-to-repayment claims on August 30, 2019. The regulations create a number of notable changes, including permitting education...more
In less than a year, pre-dispute arbitration agreements will be clearly permissible again now that the Department of Education has finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in...more
A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more
The United States Court of Appeals for the District of Columbia (“Court”) issued a July 19th decision addressing the United States Environmental Protection Agency’s (“EPA”) decision to not develop financial responsibility...more
EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more
In December 2018, the Department of Education announced that it would begin implementing its “borrower defense” final rule which was issued in November 2016. ...more
The Social Credit System ("SCS") in the People's Republic of China is not a new concept. But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically...more