Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program… more

Due to the lack of a detailed governing statute or rule, insider trading law continues to evolve and grow as novel theories are presented to and interpreted by the federal courts. Recently, a new theory emerged: shadow trading… more

Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting comprehensive… more

In this episode of Career Can Do, Mary Ann Faremouth chats with Jill Peplinski, Adjunct Professor of Business Communications and Success Center Specialist at Walsh College. Walsh College is a private and prestigious institution… more

Should hazardous liquids pipelines be prepared to operate “manually” in the event of a future cyberattack? An almost million dollar fine proposed by the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) on Colonial… more

Regulators are now better armed to cite and fine health plans that are not complying with the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008. A recent report to Congress highlights the enforcement work to date and… more

Accurate and timely data is essential for successful Diversity, Equity and Inclusion Initiatives and other critically important programs, but when data collection activities collide with the GDPR risks may escalate. Here’s what you… more

The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment… more

On May 8, 2022 the U.S. Department of the Treasury’s (“Treasury”) Office of Foreign Assets Control (“OFAC”) further escalated U.S. sanctions against the Russian Federation (“Russia”) by issuing two Determinations, adding new… more

Outlook for This Week in the Nation’s Capital - Congress. Both chambers are in session this week. The House will vote on numerous Homeland Security, Judiciary, and Veterans Affairs bills, as well as the Workforce Innovation and… more

The Victorian Supreme Court (the Court) recently upheld a statutory qualified privilege defence in novel circumstances. The defence was applied in respect of what were otherwise found to be defamatory Google reviews. This was so… more

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires a public hearing as a form of public approval for certain types of tax-exempt private activity bonds. Thanks to COVID-19, holding a hearing is easier than ever with… more

For a consumer, the words "Fresh. Local. Quality." attached to a product might draw connotations of craft beer, artisan goods or farm-to-table restaurants. But could a competitor sue under the Lanham Act if those "local" goods are… more

The First Department’s recent decision in Zhang Chang v. Phillips Auctioneers LLC seems to have ended the long, turbulent dispute over Gerhard Richter’s 1963 painting of a fighter jet, Düsenjäger. The decision affirmed the unremarkable… more

The Federal Circuit recently denied a petition for rehearing and a petition for rehearing en banc of a precedential panel decision regarding forum selection clauses. Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.[FK1] … more

I think we learn from an early age that life isn’t fair. It’s probably at an early age when something didn’t go our way. While sponsoring a 401(k) plan is a great benefit for your employees, you will realize that the rules for being a… more

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group and… more

Trysha Daskam has made appearances on many of my podcasts over the years; she comes to this week’s show to share her ESG expertise. Trysha holds the Managing Director and Head of ESG Strategy at Silver Regulatory Associates, a boutique… more

In today’s edition of Daily Compliance News: 1. Deutsch Bank whistleblower dies. (NYT) 2. DOT warns foreign banks. (WSJ) 3. Minority workers are reluctant to return to the office. (WSJ) 4. Email now retro. (WaPo)… more

In this Sunday Book Review episode, I look at 4 books on the Supply Chain that compliance professionals should consider reading. 1. Essentials of Supply Chain Management- 4th Edition by Michael Hugos 2. Supply Chain Management:… more

Two complete MCU fans, Megan Dougherty, co-founder of One Stone Creative, and I indulge in a passion for all things in the Marvel Cinematic Universe by re-watching each movie and then podcasting on every film in the MCU. If you want to… more

In today’s edition of Daily Compliance News: 1. Just as Matt Kelly predicted, Musk's Twitter bid is ‘on hold.’ (NYT) 2. DOT announces more sanctions against Russian shell companies. (WSJ) 3. Moderna said it ‘didn’t know.’… more

On March 15, 2022, the U.S. Attorney’s Office for the Eastern District of Washington, together with the Department of Energy and Small Business Administration, entered into a criminal deferred prosecution agreement and civil settlement… more

Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future jury who might someday see a clip of your deposition? That audience is kind of pulling… more

Maryland recently revised its Financial Institutions laws, effective July 1, 2022, to expand the coverage of prohibitions on acts or practices that are anticompetitive, unfair, deceptive, abusive, or injurious to the public interest… more

The UK government has unveiled its plans to position the UK as a leading global hub for cryptocurrencies and fintech. John Glen, the Economic Secretary to the Treasury set out detailed proposals to support the development of the… more

The CFPB recently issued its Spring 2022 Supervisory Highlights, discussing findings from its examinations in connection with auto servicing, consumer reporting, credit card account management, debt collection, deposits, mortgage… more

The recent case of In re Micah Cade McKinney, Case No. 21-50046-rlj-11 (Bankr. N.D. Tex., April 28, 2022) provides insight as to violations of the bankruptcy discharge injunction… more

In addition to that restatement for Cycle 3 that must be completed for most defined contribution plans is July 31st..… more

As summer weather is upon us, Federal OSHA is in the midst of an effort to promulgate a heat illness regulation while simultaneously starting a national emphasis program around heat illness… more

Few issues are currently occupying German industry and the energy sector as much as the Ukraine crisis and its consequences for the critical infrastructure in Germany. Against this background and in order to secure energy supplies and… more

Following the success of the previous blog post “A Brief Overview of the Metaverse and the Legal Challenges It Will Present,” we are introducing a new feature for the Tech & Sourcing blog: “Future Watch.” Our Future Watch posts will… more

US companies often have commercial transactions with their overseas affiliates in the form of financing, supply, manufacturing, services, or other agreements. Each of these common intercompany transactions can be the cause of… more

On February 18, 2022, President Biden extended the prior administration’s national emergency declaration regarding COVID-19. In an attempt to ease pandemic-related effects on employers and employees, the U.S. Department of Homeland… more

A growing concern in many mergers and acquisitions (M&A) is the potential for environmental risks. Whether you are looking to acquire a manufacturing site or even just a tract of land for future construction, some environmental risk… more

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the… more

Carbon credits have been a hot topic around the country as a potential opportunity for extra farm revenue. However, like any contract, farmers should carefully consider the terms of a carbon credit sale before signing an agreement… more

“How Well Do Product Labels Indicate the Presence of PFAS in Consumer Items Used by Children and Adolescents?” is the name of a new study published last week by the American Chemical Society, in Environmental Science & Technology… more

FERC recently held a Staff-led technical conference to discuss whether, and if so, how, the Commission should require additional financial assurance mechanisms in the licenses and other authorizations it issues for hydroelectric… more

As an update to our March 8, 2022 blog post discussing coverage for phishing scams in the context of Ernst & Haas Mgt. Co. v. Hiscox, Inc., 23 F.4th 1195 (9th Cir. 2022), a new Alaska case relied on Ernst & Haas to find coverage under… more

Em 21 de março de 2022, a Comissão de Valores Mobiliários dos EUA (U.S. Securities and Exchange Commission ou “SEC”) propôs suas novas regras de divulgação de informações relacionadas a questões climáticas. As regras propostas visam… more

During the estate planning process, it is important to ensure that your fiduciaries (the personal representatives of the estate, trustees, and agents named in the durable power of attorney) have the information necessary to access your… more

Known as “forever” chemicals, many PFAS compounds are found in the blood of people and animals all over the world.  They also present at low levels in various food products and in the water, air, fish and soil in many areas.  Many… more

Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who is… more

After a more than 26 year hiatus, on July 22, 2022, the Superfund chemical excise tax (the “Superfund Chemical Tax”) will again become effective. This excise tax, reinstated by the passage of the Infrastructure Investment and Jobs Act… more

Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak up all that… more

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”… more

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”… more

A key piece of our American legal system is due process, and the right to have your “day in court.” For planning and zoning appeals, that day in court will likely come before you arrive at the circuit court… more

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against Google, United… more

On May 10, 2022, Governor Carney signed the Healthy Delaware Families Act (“HDFA)” making Delaware the eleventh state that will require employers to provide paid family and medical leave.  While the law will take effect on July 1… more

On April 21, 2022 the Italian Organismo Agenti e Mediatori issued a circular implementing the Ministry of Economic and Finance decree regarding statutory registration, fees, and obligations of cryptocurrency providers and… more

In the past few years, the risk of a major cyber incident impacting the operations of businesses large and small has increased significantly. Our world is changing before our eyes and, in many ways, is contributing to our increased… more

The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022). The denial was based on… more

On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed the question: DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176 SO. 3D… more

EU Institutions Reach Political Agreement on the Digital Services Act - On April 23, 2022, European legislators achieved political agreement on the Digital Services Act (“DSA”). Together with the recently agreed Digital Markets Act… more

In existence since 2000, the federal New Markets Tax Credit (NMTC) incentive has provided gap financing and infusions of cash in economically distressed communities for more than two decades. However, the amount of NMTC funds making… more

We have been closely monitoring the sanctions landscape over the last few months. Back in March, we covered the sanctions levied by the United States and other jurisdictions in response to Russia’s invasion of Ukraine. The sanctions… more