On 31 May 2022, Skadden, Compass Lexecon and Concurrences convened for a fireside chat to discuss developments in merger control and digital markets, followed by a panel discussion on a range of issues, including the increasingly… more

California plan to combat climate change pleases few - PBS – June 24 The California Air Resources Board last Thursday opened a hearing on a plan for the state to achieve carbon neutrality by 2045. Board staff estimates it would reduce… more

Jennifer Moore commenced litigation against British Airways to recover for injuries sustained as she was disembarking a British Airways flight from Boston, Massachusetts to London, England on September 14, 2018, using a mobile… more

The Office of Inspector General (OIG) has recently submitted its HUD Semiannual Report (Report) to Congress.  The scope of the Report runs from the period October 21, 2021, through March 31, 2022..… more

Connecticut announced the launch of MyCTSavings, a new retirement savings option for the more than 600,000 Connecticut private-sector workers who aren’t covered under a retirement plan through their employer… more

In Moore v. United States, the U.S. Ninth Circuit Court of Appeals recently rejected arguments that the mandatory repatriation tax imposed under section 965 of the Internal Revenue Code violated the Constitution’s Apportionment Clause… more

The National Institutes of Health (NIH) requires recipient institutions—i.e., any entity receiving funding from the NIH—to have policies that foster a harassment-free environment. Recipient institutions are required to establish and… more

New Zealand has secured a free trade deal with the EU, which is set to remove barriers to trade by eliminating tariffs for certain exporters. As part of the exchange, New Zealand’s existing geographical indications (GIs) regime will… more

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade Commission… more

In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon dioxide… more

In Rodgers v. Leeds Laser Cutting Ltd, the Employment Appeal Tribunal (EAT) upheld a decision that dismissal of an employee who refused to work due to COVID-19 safety concerns was not unfair… more

On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's ("PJM")… more

On June 21, 2022, a key element of the Uyghur Forced Labor Prevention Act (UFLPA) went into effect: the rebuttable presumption. Going forward, any imports of goods mined, produced or manufactured wholly or in part in the Xinjiang… more

In April, we wrote here about the discouraging trend of opinions allowing commonly asserted breach of fiduciary duty claims in 401(k) and 403(b) plan investment litigation to survive motions to dismiss. While it may be too soon to… more

What's this about? Auto-renewing arrangements are more and more ubiquitous, from TV channel subscriptions to meal-kit delivery plans - and the regulators are interested. Late last year, the FTC and California took actions with respect… more

In Olympic Air, Inc. v. Helicopter Tech. Co., the District Court for the Western District of Washington struck a National Transportation Safety Board report and portions of an expert’s declaration that relied on it. The argument to… more

Last week’s big news was the anticlimactic end of the American Axle saga.   But the Federal Circuit was hard at work too:  it issued a dozen decisions on a wide variety of subjects.  Below we provide our usual weekly statistics and a… more

To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements. Individual PAGA Claims Are Arbitrable… more

Last week, the United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use of… more

After tinkering with parts of the compulsory purchase regime in the Levelling-up and Regeneration Bill, in an effort to streamline and modernise it, the government has now published a consultation with potentially significant impacts… more

On June 21, 2022, the Court of Appeals for the Federal Circuit (“CAFC”), in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., granted petition for panel rehearing, vacated its prior decision, and reversed the district court’s… more

In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production. The “Clean Power Plan” (“CPP”) rule was… more

Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction. Is the… more

On June 7, 2022, after months of written warnings, the U.S. Centers for Medicare & Medicaid Services (CMS) has levied its first fines nationwide on two affiliated Georgia hospitals for violations of CMS’ Hospital Price Transparency… more

The United States represents a large source of potential capitalthat non-U.S. fund managers often find impossible to ignore. To assist non-U.S. fund managers, we have prepared a checklist that sets out key considerations for non-U.S… more

The European Commission (EC) has proactively reached out to the Dutch Data Protection Authority (DPA) to criticize its interpretation of legitimate interest under the GDPR. The criticism is in response to enforcement actions and… more

By holding that emotional distress damages are not recoverable under certain antidiscrimination statutes, including Title IX, the Supreme Court has limited the liability of schools facing federal discrimination claims. Even… more

The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus report, the… more

Under federal and California law, employers must include most bonuses and incentives in the “regular rate” for paying overtime, as well as meal and rest period premium pay. Often, such as with a monthly or quarterly bonus, an employer… more

Is COVID a “natural disaster” under the WARN Act? It is common knowledge that the COVID pandemic has forced many employers to furlough or lay off employees. Some operations were closed altogether, while other companies furloughed… more

Royal Decree 6/2022 promulgating the Personal Data Protection Law (PDPL) was issued in February 2022. The PDPL comes into force on 13 February 2023… more

On June 21, 2022, the Supreme Court denied certiorari in the case of UnitedHealthcare Co., et al v. Becerra et al., Case No. 21-1140, wherein UnitedHealthcare attempted to overturn the D.C. Circuit Court’s revival of CMS’s 2014… more

Recently the Financial Conduct Authority (“FCA”) announced a consultation seeking comments on the winding down of one-, three- and six-month synthetic sterling LIBOR settings and on the future of the remaining US dollar (“USD”) LIBOR… more

Earlier this year, the debt-collection company Professional Finance Company, Inc. (“PFC”) reported a data breach. At the time the company reported the breach, it was unaware of the scope of the incident; however, based on recently… more

In the wake of the Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, much has been written about how existing privacy laws, such as the Health Insurance Portability and Accountability Act (“HIPAA”), are unhelpful… more

Healthcare breaches, including ransomware attacks, continue to increase. As a result, many healthcare organizations seeking cyber coverage to help defray the costs associated with a ransomware attack or other data incident may find… more

As many hospices continue to diversify into new business lines, staying abreast of enforcement trends outside of hospice is more important than ever. Home health in particular, is receiving significant government scrutiny. In this… more

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and North Central Arkansas Quarry, Inc. (“North Central”) entered into a June 13th Consent Administrative Order (“CAO”) addressing an alleged… more

Market Trends: What You Need to Know - According to the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies, financial statement representations are universally required from sellers in private… more

The Small Business Administration’s proposed rule would adopt the latest NAICS revision issued by the Office of Management and Budget, creating 111 new industries by reclassifying, combining or splitting 156 existing… more

Federal antitrust enforcers at the US Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to take an aggressive stance in healthcare. Two recent developments underscore the trend… more

On June 28, 2022, the Ministry of Finance published a draft law on amendments to the Law on Corporate Income Tax and certain other laws. The amendment provides for changes primarily in the CIT Law, but also in PIT, flat tax and Tax… more

On June 23, 2022, the Bureau of Ocean Energy Management (BOEM) published a draft guidance on mitigating potential impacts of offshore wind development on commercial and recreational fishing. The final guidance document will set forth… more

On June 24, 2022, the United States Supreme Court issued its long-anticipated ruling in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Supreme Court upheld Mississippi’s abortion restrictions making most abortion… more

INSURANCE UPDATE - The Supreme Court’s ruling in Dobbs, that abortions are not a federal constitutional right, has caused employers to ask how this new ruling affects benefits compliance as well as potential liability for directors… more

On June 27, the U.S. Food and Drug Administration (FDA) published the long-awaited proposed rule “Nonprescription Drug Product with an Additional Condition for Nonprescription Use” (ACNU), which would could expand the universe of… more

On June 15, 2022, the Fourth DCA issued its opinion in Michael Grieco v. Daiho Sangyo., Inc., AW Distributing, Inc., and Wal-Mart Stores East, LP affirming entry of summary judgment in favor of the manufacturer, distributor and seller… more

The Supreme Court, on June 21, 2021, issued its landmark decision in National Collegiate Athletic Association v. Alston, bringing about fundamental change for collegiate athletes seeking benefits and compensation in connection with… more

La Superintendencia Financiera de Colombia (SFC) ha publicado un proyecto de Circular Externa mediante el cual definiría el contenido que debe ser incluido en el prospecto de información de los bonos con destinación específica… more

After Congress passed the EB-5 Reform and Integrity Act in March 2022, USCIS announced that the act repealed the legacy Regional Center Program. Consequently, more than 600 existing regional centers were effectively deauthorized and… more

Ducks Unlimited estimates that the United States has lost approximately 16.8 million acres of wetlands since the mid-1950s. Although the rate of wetland filling has slowed since the passage of the Federal Clean Water Act, any… more

In the wake of the Supreme Court’s seismic decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) has issued guidance to help patients, providers, and other health care entities… more

Artificial intelligence (AI) and algorithmic models are used extensively in the financial services sector across a broad range of business areas. Two-thirds of respondents to a survey conducted jointly by the UK’s Prudential Regulation… more

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

As more states enact their own privacy laws, members of the privacy community and those impacted by privacy legislation continue to push for uniformity. The American Data Privacy and Protection Act (ADPPA) addresses this growing… more

The lithium-ion battery space remains hot, and with breakthroughs like the use of silicone anodes and other innovations, it is poised for continued growth. In this episode, Bill Derasmo and his guest Connor Hund, the director of… more

Just a few days ago, the Bucharest Tribunal cancelled the general zoning plan (PUG) of Bucharest. This may have severe implications on new developments in Bucharest… more

The COVID-19 pandemic resulted in unprecedented change for the workplace after stay-at-home orders, isolation and quarantine requirements, and accommodation requests resulted in many employees temporarily working from home. Employers… more