Dear Clients and Friends, In 2020, domestic and international energy markets were challenged by a worldwide pandemic and its effect on commodity prices, which accelerated disruptions in supply chains and impacted the energy… more

Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!).  The case was brought by plaintiff Crash Proof… more

While, ultimately, you create an estate plan to meet technical objectives, such as minimizing gift and estate taxes and protecting your assets from creditors’ claims, you should also consider “softer,” yet equally critical, goals… more

Enforcement in Life Sciences Series: Key Cases in 2020 Reflect Emerging DOJ Focus for Pharmaceutical and Medical Device Makers - About the Enforcement in Life Sciences Series - Recent settlements between the U.S. Department… more

With the extended pandemic restrictions and the resulting court backlogs across the country, we have moved tentatively into the world of online trials and hearings, with participants joining from different locations. In that… more

North Carolina treats grandparents seeking custody like any other third-party or non-parent. If a grandparent is seeking custody of a child, he or she may file an action for custody or seek to intervene in a pending action. However… more

DOE turns its focus toward equity with commitment to lowering solar deployment barriers - Utility Dive – May 5 - The U.S. Department of Energy (DOE) on Tuesday announced plans to encourage deployment of more solar and storage… more

How You Can Stay Out Of Trouble As A Retirement Plan Provider. There is a running joke I’ve had for the past 25 years where someone tells me or I tell them to stay out of trouble. When someone tells me to stay out of trouble, I tell… more

Although the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program Final Rule ("Final Rule") was published on May 1, 2020, there are prohibitions and exceptions regarding… more

In the past week, the FDA revealed the future plan for its inspectional activities. In addition, President Biden announced a new July 4 vaccination target… more

Utilities in the Midwest, great plains states, and southeast continue signaling their intention to build out electric vehicle (“EV”) charging station networks across their respective service territories. In some areas these efforts… more

On April 26, 2021, the Office of the Inspector General (OIG) of the Department of Health & Human Services (HHS) released Advisory Opinion No. 21-02 (Opinion 21-02), a favorable opinion regarding an ambulatory surgery center (ASC)… more

In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of losses or… more

A qualified retirement plan paying more in distributions than a participant is entitled to occurs frequently. Common reasons for overpayments include miscalculation of benefits due to systemic error, the plan sponsor being unaware of… more

WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for Russia have been updated with new questions since its… more

The CFPB recently entered into a proposed settlement of its lawsuit filed in California federal district court against a debt settlement company alleging that the company engaged in abusive acts or practices in violation of the… more

In Mylan, Inc. & Subsidiaries v. Commissioner, 156 T.C. No. 10 (April 27, 2021), the Tax Court held that legal expenses incurred by a manufacturer of generic pharmaceutical drugs for the preparation, assembly and transmittal of notices… more

IN THIS ISSUE Home medical tests and health monitors are trendy now. How useful are they? As the saying goes: Let the buyer beware - Shaking up hidebound medicine could be a plus. But will key safeguards also stay? Big… more

A recent article by The New York Times - Manic Markets, Imploding Funds: Wall Street’s New Top Cop Has a Full Plate - discussed the potential areas of focus for Gary Gensler, the new Chairman of the U.S. Securities and Exchange… more

On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech services… more

On May 4, 2021, the Second District Court of Appeal affirmed a trial court decision, in Kracke v. City of Santa Barbara, __ Cal.App.5th __ (2021) (Case No. B300528), enjoining the City of Santa Barbara’s enforcement of a short-term… more

Three years have passed since the last “Dear Scrivener,” my personal legal writing and grammar advice column, and the Scrivener mail bag and inbox are over capacity. Actually, these days most questions come in by telephone or somebody… more

Last week was Court week, so it was busy in the Federal Circuit with telephonic oral arguments. Despite all the activity, the Court still issued a dozen opinions, including two precedential ones. For our case of the week, we decided to… more

It is a fundamental principle of trademark law that no business should be able to prevent others from using apt language to accurately describe their goods and services. For this reason, clearly descriptive trademarks are typically not… more

It might be a little meta to have a blog post about a blog post, but there’s no way around it when the FTC publishes a post to its blog warning companies that use AI to “[h]old yourself accountable—or be ready for the FTC to do it for… more

A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the… more

The U.S. Court of Appeals for the First Circuit held yesterday that the U.S. securities laws apply to foreign brokers’ solicitations of securities purchases by foreign investors if the purchasers or sellers incurred irrevocable… more

On Friday, Dr. Albert Bourla, the Chairman and Chief Executive Officer of Pfizer, sent an open letter to Pfizer employees regarding the U.S. Trade Representative's announcement last week that the Biden-Harris Administration would… more

More details on that massive ransomware hack that hit Colonial Pipeline over the weekend. The FBI has confirmed that hacking group DarkSide was responsible and that it’s “looking for any ties the group might have to nation-states.”… more

Judge Dolly M. Gee of the Central District of California recently awarded singer Lizzo a major victory in a copyright dispute concerning the artist’s hit song “Truth Hurts.” In her ruling, Judge Gee dismissed with prejudice a claim… more

The Court of Appeal has upheld a decision made by Regional Facilities Auckland Ltd (RFAL) to cancel an event hosting two controversial “alt right” speakers. In doing so, the court held that a council-controlled organisation (CCO) is… more

In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and frustration… more

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors… more

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors… more

An asset sale is the purchase of individual assets and liabilities. A stock sale is the purchase of the owner’s shares in a corporation / membership interest in a limited liability company. Potential legal liabilities and tax… more

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While all… more

It’s all about the basics.  Here are some reminders to add fuel to your sales efforts. Originally published in PinHawk's Law Firm Marketing Brief - May 2021… more

In the recent matter of Innovate Now, LLC, the Government Accountability Office (“GAO”) sustained a protest on the grounds that the Agency’s solicitation required that both parties in a mentor-protégé joint venture (“MP-JV”) meet the… more

The UK Green Construction Board estimates the built environment contributes 40% of the UK's carbon footprint. Pressure is, therefore, mounting on construction to find ways to reduce emissions and help meet net zero targets… more

On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the federal… more

On the way to the upcoming Global LPM Summit, some interesting themes are emerging. There will be over 75 speakers sharing their best tips and strategies. After interviewing 39 of them myself, my mind is spinning with the tremendous… more

On April 28, the Massachusetts Public Health Council (“PHC”) approved final proposed amendments to the clinic licensure regulations. The initial revisions presented by the Department of Public Health (the “Department”) in 2016 focused… more

This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The Occupational Safety and Health Administration (OSHA) recently… more

Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved… more

In Berkley Specialty Ins. Co. v. Masterforce Constr. Corp., No. 4:19-CV-01162, 2021 U.S. Dist. LEXIS 14006 (M.D. Pa. Jan. 26, 2021) (Brann, J.), the Court recently concluded that, under Pennsylvania law, all reasonably foreseeable… more

RumbergerKirk attorney Shenele Pettis Bright talks with LaShawnda Jackson, a partner at RumbergerKirk and the first Black president of the Orange County Bar Association and Judge Alicia Latimore, the first Black female Circuit Judge in… more

During the last decade, the Mauritius real estate market has seen an increasing number of foreigners who have invested and acquired immovable property in Mauritius… more

On April 19, 2021, the Biden administration extended travel restrictions along the land ports of entry between the United States and Canada and the United States and Mexico through May 21, 2021. The border restrictions were set to… more

On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that the… more

Yesterday, the IRS announced the Health Savings Account limits for 2022.  With respect to contribution limits, the limits are slightly higher than the ones for 2021.  As a reminder, these inflation adjusted amounts are effective for… more

On May 4, 2021, Amgen Canada announced the launch of their adalimumab biosimilar AMGEVITA (reference drug HUMIRA) for the treatment of 11 chronic inflammatory conditions. AMGEVITA is available as a prefilled syringe and a prefilled pen… more

Despite the growing availability of COVID-19 vaccines for adults across the United States, there are still many who do not plan to be vaccinated, and that presents the latest dilemma for employers. Some employees may be persuaded by… more

Under the Biden Administration, we expect the Department of Justice to reinvigorate the policies aimed at increasing coordination between the criminal and civil divisions. In a 2015 Memorandum – the “Yates Memo” – former Deputy… more

U.S. financial institutions should enhance their compliance with environmental, social and governance (ESG) issues because regulators are watching With U.S. financial regulators stepping up their oversight of environmental, social and… more

Yesterday the IRS released Notice 2021-26, which clarifies that if eligible dependent care benefits would have been excluded from income if used during either the prior tax year (2020 or 2021), these benefits remain excludable from… more

The goal of a real estate transaction is generally to achieve a transfer of real property mutually sought by buyer and seller. But as a recent arbitration win secured by Arent Fox illustrates, a go-to litigator is sometimes required to… more

The International Council of Forest & Paper Association (“ICFPA”) released its biennial sustainability report titled: 2020-2021 Sustainability Progress Report (“Report”) - The ICFPA describes itself as serving as a forum for… more

As much of the United States is taking steps towards “getting back to normal,” the USPTO continues to implement programs to encourage investment and innovation in technologies addressing the COVID-19 pandemic. Recently, the USPTO… more