In today's Sunday Book Review, Tom Fox returns to a theme of Business Ethics in this week's episode of the Sunday Book Review. 1. Flying Blind: The 737 MAX Tragedy and the Fall of Boeing by Peter Robison 2. Change Your World by… more

The most significant risks with the greatest likelihood of occurring are the priority risks. These become the focus of your most effective risk management efforts, coupled with audit and monitoring from now on. A variety of tools can… more

In today's edition of Daily Compliance News: 1. College degrees and hiring. (NYT) 2. Halbank's prosecution put on hold. (Reuters) 3. End of the sick day. (WSJ) 4. Who is responsible when crypto goes bad? (WSJ)… more

As Predominant Issues readers well know, the intersection between class actions and arbitration agreements has been a hotly contested issue in the Supreme Court. By and large, the Supreme Court’s recent jurisprudence has strengthened… more

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Unfortunately, it is happening more than… more

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Court Holds… more

The Provider Relief Fund (PRF) Reporting Portal opened for Reporting Period 2 on January 1, 2022. Recipients who received one or more General and/or Targeted PRF payments exceeding $10,000 in the aggregate from July 1, 2020 to December… more

The United States Environmental Protection Agency (“EPA”) Office of Inspector of General (“OIG”) issued a January 12th report titled: EPA’s Title V Program Needs to Address Ongoing Fee Issues and Improve Oversight (“Report”)… more

On March 11, 2021, the American Rescue Plan Act (“ARPA”) was signed into law and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local… more

On January 1, 2022, two Interim Final Rules (the “Rules”) that implement key aspects of the No Surprises Act (“NSA”) became effective. The first Interim Final Rule was initially issued by the U.S. Departments of Health and Human… more

On December 27, 2021, the New Capitalism Headquarters at the Cabinet Secretariat of Japan, Consumer Affairs Agency ("CAA"), Ministry of Health, Labour and Welfare ("MHLW"), Ministry of Economy, Trade and Industry ("METI"), Ministry of… more

On January 7, the FTC announced that a California-based lead generator agreed to settle with the FTC for $1.5 million to resolve allegations that through a number of its subsidiaries, the company induced consumers into sharing their… more

We highlighted in a recent post regulators’ clear intentions to bring greater order to the cryptocurrency industry this year. The last three weeks have demonstrated that private litigants are not waiting on regulators to rein in… more

Co-coaching your daughters’ basketball team with your brother-in-law and later profiting from buying stock in your brother-in-law’s company is not, in and of itself, insider trading. This seems fairly obvious. On Monday, December 13… more

If you have a business, then you have probably already registered your brand(s) under one or more top-level domain names, such as .com, .net, .org, .edu, .co, .info, or .biz. You may have also registered one or more of your brands… more

The Consolidated Appropriations Act, 2021, Public Law 116-260 (CAA) set forth new compensation disclosure requirements that apply to service providers who provide “brokerage services” or “consulting” to group health plans subject to… more

The standards entity ASTM International revised its Standard Practice for Phase I Environmental Site Assessments to address PFAS—changes which took effect on January 1, 2022. These assessments are used to evaluate real property for… more

Thursday, January 13 was the last day of the virtual J.P. Morgan Annual Healthcare Conference for 2022. And since the conference was virtual, what better topic to start us off today than a consideration of the new Virtual-First trend… more

Ransomware has been increasing in frequency and severity for years. However, recent high-profile ransomware attacks have added new urgency to the federal government’s efforts to deal with the problem. The Colonial Pipeline attack that… more

Creates A New Forced Labor “Presumption” That Would Prohibit Certain Imports From Entry Into The United States, Among Other Measures, To Address Forced Labor In China - On December 23, 2021, President Biden signed into law the… more

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail here… more

On January 3, 2022, the Delaware Court of Chancery issued a long-awaited and highly-anticipated decision arising out of a challenge to a transaction involving a special purpose acquisition company (SPAC) and addressing fiduciary duty… more

WHAT MATTERS - After more than two months of litigation, the Supreme Court stayed OSHA’s November 5, 2021 Emergency Temporary Standard requiring COVID-19 vaccination or weekly testing for employers with more than 100 employees… more

The CFPB recently obtained a fintech company’s agreement to settle its enforcement lawsuit with the termination of all lending and servicing of loans by that company and payment of a $100,000 penalty.  The company announced on its… more

On December 22, 2021, Judge Mary Walrath of the Bankruptcy Court for the District of Delaware held in In re The Hertz Corp. that redemption premiums may potentially qualify as unmatured interest, and that, to the extent that such… more

In an effort to expand the availability of free COVID-19 testing, the Biden-Harris Administration has announced that beginning January 15, 2022, insurance companies and group health plans will be required to cover the cost of… more

UC study finds safe drinking water remains out of reach for many Californians - NBC Bay Area – January 12 - An estimated 371,000 Californians -- about 1% of the state's residents -- rely on drinking water that may contain high… more

It has been publicly reported that the Dallas office of the SEC is currently engaged in an investigation of ESG disclosures by companies doing business with state government entities in Texas. Specifically, the SEC is "scrutinizing… more

Taxpayers have long utilized trust arrangements for the transfer of wealth to beneficiaries or for the protection of assets from creditors.  Generally, there is nothing nefarious about these types of arrangements.  Rather, the Internal… more

Employees Subjected to Physical Abuse and Graphic Sexual Comments, Federal Agency Charges - CHICAGO – Monro, Inc., which operates Car-X Tire and Auto stores across the Midwest, violated federal law by maintaining a work environment… more

This morning, the Mississippi Senate, in a 46-5 vote, approved Senate Bill 2095, the Mississippi Medical Cannabis Act (the “Act”). The Act, which slightly modifies the draft legislation we previously summarized, heads to the House for… more

On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates… more

California recently adopted its “Proposed Regulations under the Debt Collection Licensing Act.”  Among other things, effective December 22, 2021, the Commissioner of Financial Protection and Innovation designated the NMLS..… more

Starting this year (2022),  most private, domestic U.S. entities formed from and after January 1, 2021 will be required to self-report to the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) certain basic information… more

In liability cases against physicians and other professionals, the plaintiffs work very hard to frame liability as a clear cut-and-dried mistake: The professional did something that wasn’t allowed, or failed to do something that was… more

In a 6-3 decision issued very soon after the January 7, 2022 oral argument last Friday, the U.S. Supreme Court yesterday reversed the U.S. Court of Appeals for the Sixth Circuit, and reinstated the stay of enforcement against… more

On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced new tools… more

Government approval is required for all foreign investments from countries sharing a land border with India - The criteria for review are broad, and all aspects of each application are considered part of the review… more

UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals for the… more

On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition of the… more

Recently, the CFPB and DOJ jointly issued two letters reminding landlords and mortgage servicers about legal housing protections for military families under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and… more

On January 13, 2022, the Supreme Court issued dual decisions impacting the CMS (Centers for Medicare & Medicaid Services) and OSHA (Occupational Safety and Health Administration) vaccine mandates in Biden v. Missouri and NFIB V. OSHA… more

In an opinion stating that they believe that opponents of the OSHA ETS on Vaccinations and Testing will be successful in their challenge to that standard, the U.S. Supreme Court yesterday reinstated federal court stays that had been… more

In NFIB v. OSHA, the Court focused its decision on OSHA’s emergency temporary standards which require the Secretary to show (1) “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or… more

In an opinion that employers across the country have been eagerly anticipating, the United States Supreme Court yesterday issued a per curiam opinion blocking the Occupational Safety and Health Administration’s (“OSHA”) rule that would… more

On January 13, 2022, the U.S. Supreme Court issued a per curiam opinion lifting the stay of the vaccine mandate issued by the Secretary of Health and Human Services covering staff at federally funded health facilities, holding that the… more

The Supreme Court Thursday afternoon released its much-anticipated decisions regarding the Emergency Temporary Standard (ETS) issued late last year by the Occupational Safety and Health Administration (OSHA), and the vaccination… more

(NEW!) Has vaccination been made mandatory in your jurisdiction? No. Even though Turkey has a very active Covid-19 vaccination policy with the authorization granted to several different vaccines (i.e., CoronaVac and Pfizer-BioNTec)… more

Yesterday, the U.S. Supreme Court delivered mixed rulings for the Biden Administration’s ability to require a vaccine or testing mandate for employers… more

A Ward and Smith attorney, Information Technology professional and Privacy Officer outlined a variety of best practices and tips for businesses dealing with data security and privacy issues. The webinar, one in a series for Ward… more

The wait is finally over. Yesterday, January 13, 2022, the Supreme Court of the United States (SCOTUS) rendered two much-anticipated opinions announcing whether federal regulations mandating workplace COVID-19 precautions should be… more

Recap of a session in which Jill S. Weber, the chief business development officer at Quarles & Brady LLP, explained how she created and executed a competency-based business development curriculum using change management techniques… more

On Jan. 13, the U.S. Supreme Court issued rulings that impact two important aspects of the Biden Administration’s efforts to combat the COVID-19 pandemic… more

The U.S. Supreme Court, in a 6-3 decision, has again stayed Occupational Safety and Health Administration’s (OSHA) attempt at enforcing its COVID-19 Vaccine and Testing Emergency Temporary Standard (ETS), which OSHA first published on… more

On January 13, 2022, the Supreme Court issued two highly anticipated decisions on separate federal COVID-19 vaccination mandates that, together, applied to tens of millions of private sector employees. ETS for Large Employers is… more

The Supreme Court has stayed OSHA from enforcing its vaccine-or-test rule for large private employers. In its opinion, the Court found that Congress did not grant OSHA the authority to issue such a sweeping rule. Empowered to issue a… more

Yesterday the Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to enforce Covid-19 vaccination or testing requirements… more

Key Points - U.S. embassies and consulates abroad may now waive many in-person appointments for U.S. visas. Visa applicants for in-person appointment waiver must have a previously issued visa or previous travel to the United… more