On May 9, the Governor of Maryland approved HB 250 (the “Act”) which will authorize the Commissioner of Financial Regulation to examine third parties that service entities under the supervision of the state’s Office of Financial… more

On April 25, 2024, the Department of Labor published its final regulation defining fiduciary status for investment advice and the related exemptions—PTE 2020-02 and 84-24. The exemptions provide relief from prohibited conflicts and… more

UPDATE: Minutes after the below QuickStudy was published, the CFPB declared that it will issue an interim final rule to extend compliance deadlines for the Final Rule. The earliest compliance date will be extended from October 1, 2024… more

Sands Capital has announced it has closed its third life sciences fund, Sands Capital Life Sciences Pulse Fund III, with $555 million… more

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and… more

The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year statute of… more

In a landmark decision issued on May 16, the Supreme Court held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is constitutionally sound, as it does not violate the Appropriations Clause. The decision will… more

In this episode of The Ethics Experts, Nick welcomes Kasturi Venkatesh. Kasturi has worked in compliance across different industries, including immigration, technology, and civil engineering and construction. Kasturi has been a… more

The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a federal court suit are subject to arbitration, does the court… more

On May 16, 2024, the Illinois Legislature passed SB 2979, which amends the Illinois Biometric Information Privacy Act (BIPA) to clarify that any person whose biometric identifier or biometric information is “scanned” by a private… more

One of the questions that remains uncertain among looming federal and state “junk fee” and “drip pricing” bans in 2024 concerns the impact these rules will have on credit card surcharges. Surcharges are added to sale transactions by… more

Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose analysis… more

On May 14, the National Institute of Standards and Technology (NIST) released “Revision 3” to Special Publication 800-171 (Protecting Controlled Unclassified Information on Nonfederal Systems and Organizations) and 800-171A (Assessing… more

On May 7, 2024, the United States District Court for the District of New Jersey issued a decision holding that the use by a debt collector of the Model Form validation notice under Regulation F does not guarantee compliance with the… more

By a 7-2 vote today, the U.S. Supreme Court rebuffed a challenge to the constitutionality of the Consumer Financial Protection Bureau's funding structure, lifting a cloud that threatened the agency's enforcement and rulemaking efforts… more

On April 25, 2024​, the FTC announced​ that it filed a suit against a Washington-based ​third-party bill payment company​ and two of its chief executives ​​for engaging in allegedly ​deceptive ​and misleading ​​practices​ in violation… more

As we countdown to NY Tech Week in just 15 days, here are 15 facts about the city's dynamic tech ecosystem… more

Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). Section 1557, which has been in effect since 2010, is intended to prevent discrimination in certain health programs or activities that receive federal… more

I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer, one of which is the issue of what trade or craft to pay particular… more

As the saying goes, “April showers bring May flowers.” In Virginia, they also brought a new budget. Nearly a month after Governor Youngkin and the General Assembly agreed to extend budget talks in hopes of reaching a compromise, those… more

On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that Congress may… more

On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal Counsel… more

Directive 2019/1937 of the European Parliament and Council dated October 23, 2019 on the “protection of persons who report breaches of Union law” (the “Directive”) is currently being implemented by EU Member States. The directive has… more

On April 10, 2024, Northeast Rehabilitation Hospital Network (“NRHN”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that confidential patient information was accessible to an unauthorized… more

On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute of… more

As a lawyer, I have exclusively represented long-term care healthcare providers for over ten years.  I have gained useful insight into how people plan—or, in many cases, fail to plan—for the possibility that they may need long-term… more

Recently, the Los Angeles County Board of Supervisors passed the Fair Workweek Ordinance, similar to the ordinance passed by the City of Los Angeles last year. The ordinance takes effect July 1, 2025. Covered Employers The ordinance… more

Keypoint: The Minnesota bill contains several unique requirements and provisions, including a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing state… more

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session… more

The U.S. Environmental Protection Agency (EPA) issued on May 8, 2024, a final rule to address unreasonable risks of injury to health EPA identified caused by methylene chloride under its conditions of use (COU). 89 Fed. Reg. 39254… more

Since October 2021, the prudential bank regulators in concert with the Department of Justice have been pursuing the “Anti-Redlining Initiative” announced by Attorney General Merrick Garland on October 21, 2021. During that time, I’ve… more

In January 2024, the SEC denied New Civil Liberties Alliance’s petition to halt so-called gag orders. The SEC has a procedural rule that requires it to impose these orders on individuals and companies settling with the SEC on a… more

This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an exhaustive… more

In this statement, SEC Chief Accountant Paul Munter discusses the importance of setting the tone at the top. According to Munter, “academic research has ‘long stressed the crucial role that tone at the top, set by leadership, plays in… more

On May 17, 2024, the Director of the Division of Corporation Finance of the Securities and Exchange Commission, Erik Gerding, and the Chief Accountant, Paul Munter, issued a statement regarding International Financial Reporting… more

On May 16, 2024, the Securities and Exchange Commission (“SEC”) approved amendments to Regulation S-P to address unauthorized access to or use of “customer information” (a new defined term). Regulation S-P governs how registered… more

On May 16, 2024, the United States Supreme Court in Smith v. Spizzirri addressed whether district courts are required to stay a lawsuit pending arbitration, or if they have the discretion to dismiss the suit when all the claims are… more

On May 9, the Governor of Maryland approved SB 541 (the “Act”) which enacted the Maryland Online Data Privacy Act of 2024, setting forth new provisions for businesses and data processors under the state’s UDAP commercial code… more

On April 22, 2024, the PTAB issued Final Written Decisions in two related inter partes reviews, IPR2023-00070 and IPR2023-00074, upholding two patents that cover Zynteglo® (betibeglogene autotemcel), a gene therapy treatment for adult… more

On May 17, 2024, Cencora, Inc. filed a notice of data breach with the Attorney General of Massachusetts after learning that a cyberattack targeting the company’s IT network resulted in an unauthorized party being able to access… more

On May 9, the Governor of Maryland approved SB 571 (the “Act) to provide consumer online protections for children. The Act will afford protections from online products aimed at children or that are likely accessed by children… more

Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for… more

The U.S. Supreme Court ruled last week that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded, ending a lengthy challenge by a payday lender to its funding structure under the U.S. Constitution's Appropriations… more

The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For example… more

I f you’re thinking about hiring one of the two biggest national payroll providers as your 401(k) plan’s thirdparty administrator (TPA) think again. As an ERISA attorney with 25 years of experience fixing the errors made by ADP or… more

On May 17, the CFPB announced it is extending the compliance deadlines for the small business lending rule (Section 1071 of Dodd-Frank, the “1071 rule”), which will require financial institutions to collect and report data on lending… more

Iowa law clearly states that “parents with joint legal custody” means both parents jointly have legal custodial rights and responsibilities toward their child and neither parent has legal custodial rights superior to those of the other… more

Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information… more

On April 23, the Federal Trade Commission issued Final Rule 16 CFR Part 910 RIN 3084-AB74 banning noncompete clauses nationwide. A noncompete clause or agreement is typically a binding contract that prevents a worker from competing… more

The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation… more

Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing business… more

Employers expect OSHA to show up after reporting a serious incident or when employees complain about certain types of hazards, but the agency has been focused now, more than ever it seems, on proactive enforcement methods. As part of… more

Deadline is Here - The 2024 Legislative Session will end with no time to spare. Legislative leaders have rationed the allotted 120 session days so that every last one will be used, with day 120 coinciding with the… more

“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these words, seven… more

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff Landry… more

This Latham resource allows FPIs with a 30 June fiscal year-end to stay abreast of key SEC filing dates and financial staleness deadlines… more

On Friday, May 10, 2024, the USPTO issued a notice of proposed rulemaking in the Federal Register directed at amending the rules of practice to add a requirement for terminal disclaimers filed to overcome rejections for nonstatutory… more

Individuals who are engaged in protracted custody litigation in Pennsylvania may come across the concept of a parenting coordinator during the duration of their custody matter. The below covers the basics of a parenting coordinator in… more