In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the sixth day of the holidays, my labor and employment… more
The growth of new centers of international arbitration in areas of the world not historically associated with this form of cross-border dispute resolution has been a key trend in the evolution of international arbitration over the last… more
What Are ADCs and Why Are They Growing? Over the past few years economic headwinds have resulted in fewer deals, with companies and private equity firms alike reassessing where to spend money. But one portion of the pharmaceutical… more
Recientemente fue radicado un nuevo proyecto de ley en la Cámara de Representantes de Colombia el cual propone aumentar la inversión forzosa en proyectos relacionados con el uso del agua de una fuente natural, del 1% al 4%… more
In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee relationship… more
After years of sustained rate increases, 2025 offers a brighter outlook for commercial insurance buyers. We expect premiums to stabilize or rise modestly, varying by line of business and industry. Increased market competition has… more
The SEC did not take its foot off the pedal in fiscal year (FY) 2024 when it came to prosecuting insider trading. In the third installment of Season's Readings, we consider several recent actions in which the agency secured settlements… more
The Office of Federal Contract Compliance Programs just released another Corporate Scheduling Announcement List, notifying lucky contractors that they will be subject to a compliance evaluation in the future. Regardless of whether your… more
Consistent with precedent in its sister circuits, the U.S. Court of Appeals for the Fifth Circuit in CLO Holdco, Ltd. v. Kirschner (In the Matter of Highland Cap. Mgmt. LP), 102 F.4th 286 (5th Cir. 2024), held that to amend a proof of… more
When the Environmental Protection Agency (EPA) recently announced its first-ever regulation of acceptable drinking water levels for six per- and poly-fluoroalkyl substances (PFAS), which are often referred to as "forever chemicals," it… more
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has finalized significant changes to the registration fees under International Traffic in Arms Regulations (ITAR). The Arms Export Control Act (AECA), the… more
On December 10, 2024, Krispy Kreme, Inc. filed a notice with the Securities & Exchange Commission after discovering unauthorized activity on its computer network. In this notice, Krispy Kreme explains that the incident has resulted in… more
As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66 (2019) and… more
On December 10, 2024, the Centers for Medicare and Medicaid Services (CMS) released a Proposed Rule for revisions to the regulations governing the Medicare Advantage (MA) program, Medicare Prescription Benefit (Part D), Medicaid… more
On December 12, 2024, Byte Federal Inc. filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party accessed the company’s servers by exploiting a vulnerability in GitLab, a third-party… more
Valeas Capital Partners has announced the closing of its first institutional fund at more than $600 million… more
Since the Texas Data Privacy and Security Act (TDPSA) took effect in July 2024, Texas has emerged as a leader in privacy enforcement. The Texas attorney general (AG) recently announced: “Any entity abusing or exploiting Texans’… more
Employers across industries can benefit from a proactive and controlled approach to AI utilization. AI is a useful tool with the potential to improve efficiency and processes for employers and employees alike. However, it is not… more
As part of its enhanced border security measures, the United Kingdom (UK) government has introduced an Electronic Travel Authorisation (ETA) scheme. The ETA will apply to visitors from visa-exempt countries, requiring them to obtain… more
Le Tribunal des marchés financiers de l’Ontario (le « Tribunal ») a publié les motifs qui ont motivé sa décision en juillet 2024 d’interdire les opérations à l’égard du régime de droits des actionnaires adopté par Bitfarm Ltd. («… more
On December 5, 2024, the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Public Health Impacts of PFAS… more
In August 2021, the SEC approved a Nasdaq proposal for new listing rules regarding board diversity and disclosure, accompanied by a proposal to provide free access to a board recruiting service. The new listing rules adopted a “comply… more
The Transition Finance Market Review (TFMR) recommendations published in October 2024 set out a blueprint for a transition finance market that will provide capital to support decarbonisation pathways and bolster finance flows to… more
The U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) recently issued significant new export controls under the Export Administration Regulations (“EAR”) aimed at further restricting semiconductor manufacturing in… more
Remote Electronic Notary Act - As discussed in last year's advisory, the North Carolina Remote Electronic Notary Act (referred to as RENA or the Act) was enacted on July 8, 2022. This Act permanently codified remote electronic… more
On November 20, 2024, the USPTO published its Final Rule regarding fee changes to take effect on January 19, 2025 in the Federal Register… more
The US Department of Health and Human Services’ (HHS) final rule on reproductive healthcare privacy is already subject to challenge even before its effective date. As described in our previous blog post, the HHS issued final rules… more
If you restrict eligibility from your retirement plan to a certain group of employees outside of the statutory exclusions (such as union employees or non-resident aliens), it might make sense to determine whether that exclusion is… more
The Federal Communications Commission (FCC) recently issued a Second Report and Order (Order) updating its rules for Intelligent Transportation System (ITS) operations in the 5.9 GHz band (5.850-5.925 GHz). The Final Rule establishes a… more
President-elect Trump announced his picks to round out the Federal Trade Commission for his second administration. Trump tapped current Republican Commissioner Andrew Ferguson to be elevated to chair the agency, and nominated Mark R… more
President-elect Donald Trump recently stated on November 25, 2024, his intention to impose tariffs of 25% on all goods coming from Mexico and Canada on his first day in office unless those countries do more to stop the flow of migrants… more
The US Department of Commerce (Commerce or DOC) on December 6, 2024 issued a final rule codifying its framework for reviewing Information and Communications Technology and Services (ICTS) transactions under Executive Order (EO) 13873… more
The No Surprises Act, a law that ended the practice of “balance billing” by certain out-of-network providers, was enacted as part of the Consolidated Appropriations Act of 2021 on December 27, 2020. While the law passed during… more
The Ohio Board of Tax Appeals held that certain financial authorization services, Debit Authorization as described below, are not taxable automatic data processing processing (“ADP) or electronic information services (“EIS”). CheckFree… more
Truck accidents are among the most devastating and complex types of motor vehicle collisions. Due to the size and weight of commercial trucks, these accidents often result in severe injuries, fatalities, and significant property… more
Although political sentiment against mandatory sustainability reporting by business entities has grown in Europe (similar to the anti-ESG backlash in the United States), the European Commission (EC) has not backed down. On September… more
The Markets in Financial Instruments (Equivalence) (Singapore) Regulations 2024 have been published, together with an explanatory memorandum and de minimis assessment. The Regulations set out HM Treasury's determination that… more
On November 20, 2024, Massachusetts Governor Maura Healey signed “An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers,” into law as Chapter 239 of the Acts of 2024. Among other things, the new law includes… more
With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner and degree… more
Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In 2017, Mirror… more
On November 26, 2024, the FTC released a staff paper regarding the disclosure of the duration of the support for the software of connected consumer devices. As the FTC staff explained, if a manufacturer stops providing software… more
In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as relating to… more
A number of jurisdictions globally are enhancing their supply chain-related regulations. The European Union’s latest regulation in this respect, the EU Forced Labour Regulation (FLR), was adopted on 19 November 2024. The FLR creates a… more
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s determination that 79 challenged composition claims across three related patents were unpatentable but reversed the Board’s determination that… more
On December 2 – 3 2024, the European Data Protection Board (EDPB) met for its 99th plenary session. It subsequently issued several documents, one of which calls for the need for greater alignment between the GDPR and EU digital… more
The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of communication… more
In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader George… more
Night driving can be a uniquely serene experience, with quieter roads and cooler temperatures in Florida’s tropical climate. However, it also comes with significant risks that make it one of the most dangerous times to be on the road… more
The U.K. Financial Conduct Authority has published a letter addressed to the Supreme Court regarding the applications for permission to appeal to the SC and requests for expedition in the recent motor finance commission judgments. On… more
On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain registered. 89… more
Last week, EPA released two final rules under TSCA. The first rule bans all uses of trichloroethylene (TCE). The ban is subject to several temporary exemptions for certain uses under § 6(g) of TSCA. The second rule bans consumer and… more
Yesterday, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. While the SEC has not yet indicated if it will appeal,..… more
As we approach 2025, both the UK and the European Union are intensifying their efforts to reduce greenhouse gas emissions through their respective emissions trading schemes. Understanding the similarities and differences between the EU… more
On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for experimental… more
The U.K. Financial Conduct Authority has announced that it is starting the process of appointing a bond consolidated tape (CT) provider. It has published a concession notice that sets out the FCA's next steps for running the tender… more
Beginning January 8, 2025, visitors from the United States (as well as from other countries) traveling to anywhere in the United Kingdom will need an Electronic Travel Authorization (“ETA”) prior to travel, regardless of age. Also… more
The U.K. Financial Conduct Authority has provided an update on the notification and disclosure of net short positions. Firstly, the FCA is currently undertaking its biannual review of the U.K. List of Exempted Shares, which is set out… more
White & Case's Public Company Advisory Group has conducted a survey of publicly filed insider trading policies to assess emerging trends with respect to key insider trading policy terms. Starting with Form 10-K/20-F annual reports for… more
