As the world emerges from a pandemic mindset, we confront new geopolitical realities with Putin's war in Ukraine and increasingly fraught relations between the US and China. How is this geopolitical landscape changing the compliance… more

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you four compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from… more

On September 28, 2022, the European Commission published its proposal for a directive to amend the existing European Union (EU) Product Liability Directive that provides a system for compensating people who suffer physical injury or… more

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) announced it released an Endangered Species Act (ESA) Workplan Update (Workplan Update) that outlines major steps to increase protections for wildlife and regulatory… more

Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in… more

On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the capital cost… more

Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII 78226… more

On November 22, 2022, the U.S. Department of Labor (DOL) announced a final rule promulgated by the Employee Benefits Security Administration that allows retirement plan fiduciaries to consider environmental, social and governance (ESG)… more

Some readers will contend that we publish this non-precedential case for its prurient value but one of the most interesting topics in family law today is “Who has standing to bring a case?” And the opinion by Judge Victor Stabile in… more

The U.S. Department of Justice announced on November 10 that five former employees of Methodist Hospital, based in Memphis, Tennessee, were indicted by a federal grand jury for allegedly selling the names and telephone numbers of… more

Canada’s federal Minister of Innovation, Science and Industry formally announced on November 17, 2022 that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy… more

Although Colorado’s Healthy Families and Workplaces Act (“HFWA”) has not been amended by the legislature since it was passed in mid-2020, the Colorado Department of Labor and Employment’s (“CDLE”) interpretation of that law has… more

National Labor Relations Board General Counsel Jennifer A. Abruzzo has an announced her intention to seek new restrictions on electronic monitoring and algorithmic management of employees both remotely and in the workplace. In an… more

Last November, the U.S. Environmental Protection Agency (EPA) published a regulatory preamble describing its plans for proposed standards to reduce methane emissions and other air pollutants from affected sources within the oil and gas… more

On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to VIP… more

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal oxides… more

The metaverse has been described as the future of the internet. Although its development remains at an early stage, established and emerging companies are spending millions developing metaverse technologies. While a virtual-reality… more

Introduction - In its judgment in Re Compound Photonic Group Ltd, the Court of Appeal has given helpful guidance on the scope of good faith obligations in a shareholders’ agreement… more

The past decade has seen an increase in the number of class actions based on subsection 224(c) of the Consumer Protection Act (Act) in Quebec. Whether it’s in the airline, automotive or retail sectors, merchants have been accused of… more

GOVERNMENT CONTRACTS - SBA Adjusts Economic Disadvantage Thresholds for 8(a) and EDWOSB Programs and Monetary-Based Size Standards - Per an interim final rule published on November 17, 2022, the Small Business Administration… more

SaskPower, the Crown corporation responsible for the generation, transmission and distribution of electricity in Saskatchewan, announced on November 7, 2022, that it will add up to 700 megawatts (MW) of renewable generation by 2027… more

Case Name: Vifor Fresenius Medical Care Renal Pharma Ltd. v. Teva Pharms. USA, Inc., Civ. No. 18-390 (MN), 2022 WL 3562555 (D. Del. Aug. 18, 2022) (Noreika, J.) Drug Product and Patent(s)-in-Suit: Velphoro® (sucroferric oxyhydroxide);… more

On November 18, days before the FIFA World Cup Qatar 2022 was due to start, Anheuser-Busch InBev (the owner of Budweiser, a World Cup sponsor since 1985) was dealt an unexpected yellow card: FIFA issued a statement that appeared to… more

The US Department of Labor (DOL) released the Final ESG Rule on November 22, 2022, regulating the consideration of environmental, social, and governance (ESG) factors by fiduciaries of employee benefit plans subject to the Employee… more

[co-author: Kerry Mackenzie and Leila Fleming] The Federal Acquisition Regulatory Council (FAR Council) released a proposed rule that would establish greenhouse gas emissions reporting requirements that would impact federal… more

California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to drastically… more

Governor Kathy Hochul was elected to a full term less than two weeks ago, and she continues to advance legislation that affects New York businesses. Bill A8092B/S1958 was passed by the New York State Legislature on May 31, 2022, but… more

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for adjustments to… more

The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant portion of the… more

The UK Financial Conduct Authority (FCA) has set out new proposals for the credit information market to help deliver better lending decisions for borrowers. The proposals will be of interest to firms in the consumer lending sector. The… more

The US Citizenship and Immigration Services will use the Dates for Filing chart in December 2022. Due to increased demand, a worldwide EB-2 Final Action cutoff date has been established. China EB-3 will advance by three months to… more

Case Name: United Therapeutics Corp. v. Liquidia Technologies, Inc., Civ. No. 20-755-RGA, 2022 WL 3910252 (D. Del. Aug. 31, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Tyvaso® (treprostinil); U.S. Patents Nos. 9,593,066… more

The US Securities and Exchange Commission recently released its enforcement statistics for fiscal year 2022. In this LawFlash, we discuss trends and takeaways on what was an active year for the Division of Enforcement… more

Cannabis has been legal in Colorado for some time, both recreationally and medically. Despite this, driving under the influence of marijuana is not legal. Those who support marijuana argue that driving while high is very different from… more

The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression… more

In December 2019, Raytheon Company filed a protest of an award of a contract to DynCorp International LLC by the Department of the Army.  The award was for the security assistance training and advice as part of the Security Ministries… more

While most financial institutions profile clients and perform the suitability or appropriateness test on the basis of an average risk score, a recent decision rendered by the AMF (the French Financial Markets Authority) Sanctions… more

With likely recession encroaching, PropTech seen as cost-cutting tool in CRE - Bisnow – October 11 A rolling series of challenges, from the pandemic to labor shortages to an unfolding economic downturn, have increased focus on… more

Starting April 1, 2023, the U.S. Food and Drug Administration (FDA) will begin accepting requests to participate in a new Chemistry, Manufacturing, and Controls (CMC) Development and Readiness Pilot (CDRP) program to provide sponsors… more

The US Internal Revenue Service (IRS) recently issued Revenue Procedure 2022-40 to expand the IRS’s determination letter program to include individually designed 403(b) plans. Previously, the IRS’s determination letter program was only… more

The Delaware Court of Chancery, in In re Carvana Co., No. 2020-0415-KSJM (Del. Ch. June 30, 2022), applied the recently adopted Zuckerberg test for demand futility and denied the defendants’ motion to dismiss. The court found that the… more

CYBERSECURITY - Health Care Organizations Warned of Venus Ransomware - The Health Care Sector Cybersecurity Coordination Center (IC3) recently released an Analyst’s Note to health care organizations providing information on a new… more

This Top 10 practice tips provides practical guidance for counsel working on a registered direct offering (RDO). An RDO is a public offering of securities sold on a best efforts basis by a placement agent engaged by an issuer to… more

Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this series examined timeouts (vacation) and… more

As we’re nearing the end of the calendar year, many of you may be wondering where things stand with the Biden Administration’s proposed Title IX regulations. As we previously reported on this blog, the proposed Title IX rule would… more

Dark Reading reports that thousands of college and university students are being targeted by cyber-attackers who are using a legitimate domain to impersonate Instagram and steal credentials of the users. The attack is able to evade… more

On November 14, 2022, Health Care Management Solutions, LLC reported a data breach with the U.S. Department of Health and Human Services Office for Civil Rights (“HHS-OCR”) after the company was the target of a recent cyberattack… more

Every Medicare provider should understand the Medicare administrative appeals process. Providers are entitled to be reimbursed for their services and want to keep those reimbursements safe from audits. However, if Medicare makes an… more

The French data privacy authority (DPA) announced that it will fine Discord, Inc. 800,000 euros under the General Data Protection Regulation (GDPR). Discord is a social messaging platform popular with gamers, technology enthusiasts… more

Let’s proceed directly to the takeaways from Fort Apache Energy, Inc. v. Short OG III, Ltd., et al, a Southern District of Texas bankruptcy court opinion. (Gray Reed partners Jim Ormiston and David Leonard represented Short OG III)..… more

Although the National Labor Relations Board has been one of the most active and aggressive federal labor/employment agencies since Biden took control of the Executive Branch almost two years ago, there is trouble brewing. The NLRB has… more

According to reporting from the Verge and the Markup, several popular e-filing providers have been transmitting sensitive financial information to Meta through Meta Pixel. Meta Pixel is a free advertising analytics service offered by… more

The Internal Revenue Service has announced the cost of living adjusted dollar limits applicable to benefit plans for 2023 (see IRS Notice 2022-55, Rev. Proc. 2022-38, and Rev. Proc. 2022-24)… more

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal contractors… more

On November 18, 2022, Wright & Filippis reported a data breach with the U.S. Department of Health and Human Services Office for Civil Rights as well as the California Attorney General after the company learned it had been the target of… more

The City Council of Chula Vista, California (in the San Diego metropolitan area), announced a new policy governing how city law enforcement can use technology to protect residents from data collected by surveillance equipment. The… more

On November 15, 2022, FINRA adopted amendments to revise the syndicate account settlement timeframe for offerings of corporate debt securities. The amendments to FINRA Rule 11880 establish a two-stage syndicate account settlement… more

On November 17, 2022, the Federal Energy Regulatory Commission (“FERC”) voted unanimously to issue an Order Modifying and Approving Surrender License and Removal of Project Facilities Order (“Order”) for the Lower Klamath Project… more