The Federal Trade Commission’s April 23 final rule banning most non-competes for workers in the United States, including clinical and non-clinical employees in the healthcare industry, undoubtedly will raise questions from healthcare… more

Miles & Stockbridge attorneys participated today in a call with the U.S. Chamber of Commerce for an update on litigation the Chamber has filed to stay or enjoin the effectiveness of the FTC rule banning almost all employee… more

On April 15, 2024, the U.S. Securities and Exchange Commission (SEC) censured and imposed a $60,000 civil penalty on Wayzata Investment Partners LLC (Wayzata) for violating SEC Rule 206(4)-5 (the Pay-to-Play Rule). Under the… more

While the rights of parents to see their child hold a high importance in the law, when it comes to custody, the best interest of the child is the family court’s number one priority… more

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of harm to… more

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees… more

The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA Assistant… more

You probably remember the saga about the SEC’s rules regarding proxy advisory firms? Back in 2019, the SEC issued interpretive guidance that proxy advisory firms’ vote recommendations were, in the view of the SEC, “solicitations” under… more

As required by law, the Internal Revenue Service (IRS) has begun issuing notification letters to victims of a former IRS contractor who illegally accessed and stole the tax return information of thousands of companies and individuals… more

On April 25, 2024, Governor Wes Moore signed into law new legislation prohibiting non-compete and conflict-of-interest clauses for certain veterinary and health care professionals in the state of Maryland. The enactment of this law… more

On April 19, less than a month after Wisconsin’s enacted legislation, Kansas has followed suited by enacting comprehensive earned wages access legislation. Kansas’ law is set to take effect immediately upon publication… more

The UK's whistleblowing framework – although once an example of best practice – is now lagging behind efforts, particularly in Europe, for improved whistleblowing standards and protections. There are various ongoing efforts for reform… more

The Federal Trade Commission (FTC) approved a sweeping ban on non-compete agreements by employers on April 23, 2024, in a 3-2 vote. The final rule provides that it is “an unfair method of competition” and thus a violation of section 5… more

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project Program (MCPP)… more

On April 24, the CFPB published its 33rd edition of its Supervisory Highlights which covers select examinations and violations regarding mortgage servicing from April 1, 2023, through December 31, 2023. This edition of Supervisory… more

In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in Law360 -… more

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) published a new edition of its Supervisory Highlights focused on findings from recent mortgage servicing examinations. Although the report’s publication emphasizes… more

On April 23, 2024, the U.S. Department of Labor (DOL) released its final amendments to the regulations under Section 3(21) of the Employee Retirement Income Security Act of 1974 (ERISA) defining an “investment advice fiduciary” as well… more

On April 23, the Federal Trade Commission (FTC), by a 3-2 vote, approved a Final Rule banning almost all worker noncompetes. The Final Rule will go into effect 120 days following its publication in the Federal Register. In this… more

On April 22, 2024 the Centers for Medicare & Medicaid Services (CMS) published the Medicaid Program; Ensuring Access to Medicaid Services final rule. The rule has a particular focus on home- and community-based services (HCBS)… more

On April 22, the OIG, which oversees the CFPB and the Fed, released two audit and evaluation reports that noted previously identified recommendations to improve or correct issues that remain open as of March 31, including some… more

The Chamber of Commerce has already filed suit to enjoin the new salary levels so we will wait and see what happens. The case was filed in the Eastern District of Texas, a conservative area, so the “odds” are an injunction will issue… more

On April 23, the FTC released a final rule titled the “Non-Compete Clause Rule,” in a 570-page release, to “categorically ban” non-compete clauses in employment contracts with all workers after the effective date of the rule pursuant… more

In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review. The PTO has now issued a Notice of Proposed Rulemaking (“NPRM”) formalizing the Director Review process. The… more

On March 29, 2024, the Department of Labor (DOL) published its final rule allowing employees to authorize a representative to accompany an OSHA compliance officer during inspections of their workplace. The rule will be effective May… more

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican and Democratic AGs Square Up for Emissions Standards… more

Celebrating anniversaries and milestones in business is more than just a tradition; it’s a strategic practice that fosters a sense of accomplishment, unity, and motivation within the company. They serve as significant markers of… more

The UK’s latest sanctions affect multiple areas and actors, including Turkish, Chinese, and Dubai-based entities alleged to support Russian military activities. This Client Alert is published in the context of ongoing developments… more

Hosted by the C5 Group, the 18th Annual Conference on Anti-Corruption London will bring together the brightest minds in anti-corruption and compliance to review the most pressing multi-jurisdictional enforcement updates impacting your… more

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other HIPAA-regulated… more

The capabilities of generative AI tools to create high-quality content is truly mind-blowing. However, there have also been many potential pitfalls associated with the use of generative AI tools, including model “hallucinations”… more

Last week, the Federal Trade Commission issued a Final Rule banning noncompete agreements nationwide.  Until this point, the law on noncompetes varied from state to state.  Some states’ laws were quite favorable to noncompetes… more

Cloud-based mobile device data is rapidly becoming more and more key to eDiscovery cases. 90% of investigators say that cloud-based forensic tools will become key in the future as more unique data moves to the cloud and… more

En su fallo de tutela del 16 de abril de 2024, la Corte Constitucional plantea reconocer el desplazamiento forzado interno provocado por factores ambientales, incluyendo eventos relacionados con el cambio climático en Colombia. Los… more

The Consumer Financial Protection Bureau (CFPB) recently issued a new procedural rule to streamline how it determines which nondepository institutions it has the authority to supervise. According to the CFPB, the new rule coincides… more

After months of speculation, the U.S. Department of Labor (DOL) has published its long-anticipated final rule increasing the salary threshold for persons exempt from overtime requirements. The new rule, which increases base salaries… more

As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024… more

The California Revised Uniform Limited Liability Company Act (RULLCA) provides that when a member who is an individual dies, the member dissociates from the limited liability company.  Cal. Corp. Code § 17706.02(f).  Dissociation… more

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive… more

On April 24, the California DFPI entered into a consent order with a federal student loan servicer (respondent) that allegedly failed to provide the DFPI with timely access to requested borrower data. In late April of 2022, the U.S… more

Unions - Legislation related to unions, sponsored by Senator Arthur Orr and House Majority Leader Scott Stadthagen, passed the House this week. This legislation would make companies’ eligibility for economic incentives contingent… more

Components of the U.S. Federal Reserve System recently prevailed in two lawsuits in which both plaintiffs – Custodia Bank and PayServices Bank – alleged the defendants were required to grant the plaintiffs’ master account requests and… more

On April 22, Tennessee enacted HB 2504 (the “Act”), which amends the Tennessee Consumer Protection Act of 1977 to specify that it is illegal for: (i) “[a] person, in connection with a telecommunications service or an interconnected… more

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters… more

On April 23, 2024, Alvotech announced “positive topline results from a confirmatory clinical study for AVT05,” Alvotech’s proposed golimumab biosimilar to Janssen Biotech, Inc.’s SIMPONI(R) and SIMPONI ARIA(R).  According to Alvotech… more

The Federal Communications Commission (FCC) adopted final rules in its latest “net neutrality” proceeding. The rules, which advanced over the vigorous opposition of the two Republican commissioners, will: (1) reclassify broadband… more

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

This resolution is important for contractors’ rights to retention monies in construction contracts. The Hong Kong Court of First Instance (CFI) held in a recent judgment that, whilst the absence of segregation is not necessarily… more

On April 26, 2024, Financial Business and Consumer Solutions, Inc. (“FBCS”) filed a notice of data breach with the Attorney General of Maine after discovering unauthorized access to certain systems in its network. In this notice, FBCS… more

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. FTC Prohibits Non-Competes. On April 24, 2024 the… more

In the latest installment of “The Standard Formula” Back to Basics series, podcast host and Europe financial institutions head Robert Chaplin is joined by colleague Mary Bonsu to provide listeners with a deeper understanding of… more

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023 and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming from… more

On April 22, the Securities Commission of the State of Texas issued an Emergency Cease and Desist Order pursuant to the Texas Securities Act against respondents for allegedly offering investments in a digital gold vault that… more

LRN continues to set the standard for ethics and compliance program research. Volkov Law is a supporter of and advocate for LRN’s research because it has consistently confirmed what we all know and believe: ethical companies perform… more

In the US Expatriate Tax Planning podcast, Janathan Allen discusses important tax issues from the perspective of a US Expatriate. One of the first and most important thing to know for any US taxpayer is the United States taxes its… more

Does the Trifecta Still Exist? In the wee hours of Monday morning, freshman Senator Nicole Mitchell (DFL-Woodbury) was arrested for first-degree burglary. As details have trickled out throughout the week, providing a constant… more

In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a party from… more

With my laundry list of favorite television shows, I think Curb Your Enthusiasm has edged Seinfeld as my second favorite show of all time (Dallas is still #1). Perhaps it’s sacrilege to have Larry top Jerry (even if he was the… more