For too long, many have talked about the need for community-based palliative care programs as both a precursor to hospice care and even as a stand-alone service. Sure, some have given it a go, but for many others, without adequate… more

The CFPB recently issued a Consent Order alleging that a Respondent non-bank mortgage servicer violated the Consumer Financial Protection Act (CFPA), the Fair Credit Reporting Act (FCRA), and Regulation V by failing to implement CARES… more

Tax Litigation: The Week of December 5th, 2022, through December 9th, 2022 - Mattson v. Comm’r, T.C. Memo. 2022-118 | December 6, 2022 |Copeland, J. |Docket No. 16982-18P - Summary: Eric Mattson did not file income tax returns… more

As of November 21, 2022, New York prohibits local government registration of defaulted residential mortgages before a notice of pendency is filed in court.  The new law also places limits on local governments and mortgage lenders and… more

As remarkable as the year has been for banks, 2022 will be remembered in part for the continued ascent of private credit. The scale and significance of these non-bank lenders became clear this summer when private credit funds stepped… more

The CFPB issued its annual adjustment to the amount which credit reporting agencies may charge consumers for a copy of their credit report. The Fair Credit Reporting Act (FCRA) requires that credit reporting agencies must disclose… more

On December 6th, the IRS proposed regulations (and comment period for same) that would require participants and promoters of syndicated conservation easement transactions to make certain disclosures relating conservation easement… more

On November 15, 2022, the CFPB issued two reports regarding research into how errors in background checks contribute to higher costs and create barriers for tenants to access quality rental housing.  These reports, the Bureau’s Tenant… more

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction. Treehouse… more

Key 2022 judgments apply a five-factor analysis outlined by the EU’s highest court in 2017 - The past year has seen a number of judgments by the General Court of the European Union (GC)—the EU's court of first instance—concerning the… more

Key Trends & Opportunities in Life Sciences and Healthcare Investing - The current macroeconomic environment is creating challenges for healthcare and life sciences businesses, which have been impacted hard by wage inflation in… more

Egypt is in the final stages of amending its Competition Law, which will require transaction parties to obtain merger control clearance prior to closing. Once they come into effect, the amendments will overhaul the current post-closing… more

Even though they are still quoted, statements in Medtronic v. Lohr, which question whether FDA (Food & Drug Administration) medical device clearance is a judgment about a device’s safety, no longer accurately describe what the FDA… more

The sector's ability to adapt to changing circumstances underlines positivity and upbeat sentiment about the future—particularly in the longer term The findings reveal an industry in a period of instability and disruption, with… more

Recovering discovery-related costs from clients can be a challenging feat for many law firms. There are several schools of thought on how attorneys should deal with costs that are incurred while working on a client’s behalf, which we… more

Proferida dentro del expediente #26084 en sentencia de 10 de noviembre de 2022, al analizar la legalidad del artículo 3 del Decreto 1457 del 12 de noviembre de 2020, que regula el tratamiento de los dividendos y participaciones… more

What if I told you that there was a plant that could be used to treat diabetes, liver problems, ulcers, leukemia, and malaria? Understandably, you would want that plant to be studied and turned into medicine if possible… more

Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the minimum… more

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of… more

Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wages to collect medical debts in New York. Gov. Kathy Hochul signed the law abolishing the… more

The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore subject to… more

President Biden has signed into law the federal “Speak Out Act” limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The Act takes effect… more

[co-author:Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and forthcoming… more

Yes, interest rates have skyrocketed when you look at the last 10 years, but the reality is also that folks were able to be quite successful in the ‘90s, with interest rates hovering around 7%. The better questions will all involve… more

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early… more

Workplace violence has become one of the key management challenges and sources of enterprise risk for hospitals over the past several years. Threats from patients, visitors, and staff have increased, sometimes with tragic consequences… more

On November 29, 2022, the Health Resources and Services Administration (HRSA) issued a proposed rule (Proposed Rule) to revise the alternative dispute resolution (ADR) procedures for disputes arising under the 340B drug pricing program… more

The Alabama Department of Environmental Management (“ADEM”) and Perry County Associates, LLC (“PCA”) entered into a November 9th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code solid waste provisions… more

As we near the end of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS), Cal/OSHA has promised a new COVID-19 workplace regulation in its place. On December 15, the agency’s Standards Board will be voting to approve a… more

The global pandemic fostered a huge uptick in remote work as many companies were required to shut their physical offices for months. For many office employees, remote work meant finding any space to set up a laptop, be it a designated… more

California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be… more

The Secure and Fair Enforcement (SAFE) Banking Act is still on the table, and US Department of Justice (DOJ) is weighing in. DOJ Comments - Because current federal law allows federal regulators to penalize banks for transacting… more

ESG is increasingly vying for airtime in oil and gas boardrooms as leaders grapple with how best tackle environmental, social and governance challenges. This follows a trend of ESG support throughout all sectors of the U.S. economy. A… more

On November 17, 2022, the Court of Justice of the European Union (CJEU) found in its latest principal judgment (Novartis v. Abacus, case file C-147/20) that the reboxing of parallel imported medicines in the European Union (EU) is… more

FINRA recently provided an update on the August 2021 review of its members’ practices and controls related to the opening of options accounts and related areas, including account supervision, communications, and diligence. Options… more

The United States Environmental Protection Agency (“EPA”) published a report titled: Semiannual Report of UST Performance Measures - End of Fiscal Yar 2022 (October 1, 2021 – September 30, 2022) (“Report”)… more

With the holiday season coming up, Mississippi employers may be considering hiring minors for seasonal work. However, you must take special care in employing minor workers, as both federal and state laws impose special rules on hiring… more

A tech industry titan recently released to the public a 50-page report, drafted by outside legal counsel, which outlines the company's efforts - and shortcomings - in approaching and investigating gender-based discrimination and… more

On November 15, 2022, the SEC’s Office of the Whistleblower (OWB) released its annual report to Congress covering the period from October 1, 2021 to September 30, 2022. The report highlights a record-breaking year for the SEC’s… more

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series, we will… more

California health care entities can expect increased scrutiny of future mergers, acquisitions, and other transactions following the passage of the California Health Care Quality and Affordability Act (HCQAA). Effective April 1, 2024, a… more

On Monday, December 5, 2022, Empire State Development (“ESD”) announced that it will be providing up to $200 million in grants for the preparation and development of commercial sites across New York state to promote “shovel-readiness”… more

The U.S. Department of Labor (DOL) on Nov. 22, 2022, announced its adoption of amendments to the regulation setting out retirement plan fiduciary duties of prudence and loyalty under the Employee Retirement Income Security Act of 1974… more

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West/Ye, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by… more

On December 1, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services provided guidance on the intersection of the Health Insurance Portability and Accountability Act (HIPAA) and the use of online… more

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the… more

Alliance Technical Group, LLC, (“ATG”) issued a December 6th news release stating that it had acquired GBMc & Associates (“GBMc”). ATG states that the acquisition was backed by investment funds managed by Morgan Stanley Capital… more

In November 2022, the U.S. government, acting through the Department of Defense, General Services Administration, and National Aeronautics & Space Administration, issued a proposed rule that would amend the Federal Acquisition… more

In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of Representatives… more

11/6/2022: Hash values of files sent via MMS can vary - Multimedia Messaging Service is used by cell phones to send video, audio and multiple images. It contrasts with Short Message Service that can only send text up to 160… more

The U.S. Department of State has released the Visa Bulletin for December 2022. U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the Visa… more

In corporate America and across the globe, allegations of wrongdoing within companies are increasingly common, and the high cost of internal investigations continues apace. In 2021, in an anonymous survey of more than 1,330 global… more

Trademark enforcement best practices in the NFT landscape continue to evolve. A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in the NFT… more

As PilieroMazza has reported, rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General Services… more

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP) recently issued a revised “Know Your Rights: Workplace Discrimination is Illegal” poster on their respective websites… more

A Canadian bill aimed at preventing modern slavery is currently awaiting approval and could come into force as early as January 2023. If passed, this law will create reporting obligations for both public and private entities in order… more

If you have been paying attention to the entertainment news lately, you may have seen the articles released last month about Tom Brady and Giselle Bundchen divorcing in just a day. While their divorce certainly did not take only one… more

Unanticipated changes in the law or circumstances may derail a careful plan to preserve a client’s intent to transfer wealth through trusts. A “trust protector” originated from a need to protect offshore trusts from unchecked… more