District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District Court for the… more

On June 17, 2024, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) issued a groundbreaking order against an energy, metals, and minerals commodity trading company (the "Company”) registered in Singapore. The Order… more

The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential to make it… more

On May 24, 2024, Minnesota Governor Tim Waltz signed legislation amending the Minnesota Earned Sick and Safe Time (ESST) law that went into effect earlier this year on January 1, 2024… more

The rise of dental spas, offering both dental care and  injections of Botox, Juvéderm, and Restylane, for purely aesthetic, cosmetic purposes unrelated to any dental treatment or care, presents a complex legal landscape that varies… more

Maryland’s recently enacted Wage Range Transparency Act amends the state’s Equal Pay for Equal Work law, specifically Sections 3-301, 3-304.2, 3-305, and 3-308(e) of Maryland’s Labor and Employment Article Title 3, Subtitle 3… more

The US Food and Drug Administration (FDA) recently announced its qualification of the Apple Atrial Fibrillation (AFib) History Feature through the Medical Device Development Tools (MDDT) program. The MDDT program is intended to promote… more

On June 18, 2024, California’s Governor Newsom announced that an agreement has been reached with business groups to reform the current Private Attorneys’ General Act (“PAGA”). This agreement follows a proposed November 2024 ballot… more

The accelerated development of artificial intelligence (AI) has shown the transformative potential of the technology across industries, making it an integral part of strategic planning for market participants, from technology giants to… more

Does the National Environmental Policy Act require an agency to consider environmental impacts beyond the proximate effects of actions within the agency's jurisdiction? That's the question that the U.S. Supreme Court has agreed to take… more

On 18 June 2024, California Governor Gavin Newsom and state legislative leaders reached an agreement with the California Chamber of Commerce and business and labor groups to reform California’s Private Attorneys General Act of 2004… more

On June 20, 2024, the Supreme Court released its opinion in Moore et ux v. US, authored by Kavanaugh, decided by 6-3 vote and marking a rare instance for the Court to interpret the 16th Amendment, upholding the constitutionality and… more

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received multiple texts… more

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543 settlements and… more

On June 20, 2024, the Bureau of Industry and Security (BIS) issued its first Information and Communications Technology and Services (ICTS) Final Determination pursuant to Executive Order 13873 and 15 C.F.R. Part 7, prohibiting… more

Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for transgender… more

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation that… more

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related to JBS’… more

On June 24, 2024, the SEC’s Division of Corporation Finance published five additional interpretations (CDIs) addressing the effect of ransomware payments on the obligation of companies to report material cybersecurity incidents in Item… more

New York City’s Local Law 97 is a landmark local law, recognized across the state and country as an ambitious example of a local building decarbonization law. Local Law 97 limits greenhouse gas emissions from certain large buildings… more

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an employer under… more

The SEC’s Division of Corporation Finance yesterday published five new Compliance and Disclosure Interpretations, or “C&DIs,” all concerning Item 1.05 of Exchange Act Form 8-K, Disclosure of Cybersecurity Incidents… more

Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46… more

Major League Baseball (MLB) pitchers do not use brand new baseballs. They need a solid grip to prevent wild pitches, and out-of-the-box baseballs are too slick. So to prepare a baseball for game use, an equipment manager rubs it with… more

Nearly six months after President Joe Biden signed an executive order (EO) authorizing secondary sanctions against Foreign Financial Institutions (FFIs) conducting or facilitating significant transactions with certain sanctioned… more

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. The… more

OSHA is amending its Hazard Communication Standard (HCS) regulations which require chemical manufacturers and importers to classify the hazards of chemicals they produce or import and to provide their employees information about… more

The healthcare industry relies heavily on whistleblowers to bring fraudulent conduct and other forms of waste and abuse to the attention of regulators, law enforcement, and the public in general. If you have found signs of misconduct… more

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get oral… more

The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were made… more

In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do not have to… more

IVASS has recently issued a regulatory measure amending and integrating its secondary rules on anti-money laundering (AML) compliance and governance aimed at preventing the use of insurance companies and insurance intermediaries for… more

Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment, confirming… more

All Eyes on Courts as Final Rule’s Effective Date Approaches - On April 23, 2024, the United States Department of Labor issued a final rule that will increase the minimum salary threshold for the FLSA’s familiar white-collar… more

The investor-backed provider community may be feeling pressure and facing scrutiny from various angles in 2024, as federal and state agencies implement complex pre-closing review processes for healthcare transactions from an antitrust… more

In In re MultiPlan Stockholders Litigation, the Delaware Court of Chancery reasoned that common special purpose acquisition company (SPAC) governance and compensation structures create potential conflicts between on the one hand, the… more

In this first-of-its kind enforcement action, the FCC has proposed forfeitures not only against a party for allegedly instigating a deepfake, robocall campaign, but also against the voice provider for alleged STIR/SHAKEN violations… more

On June 14, the House voted 217-199 to pass its version of the fiscal year 2025 National Defense Authorization Act (NDAA) (H.R. 8070), and the Senate Armed Services Committee voted 22-3 to advance their chamber’s version of the bill to… more

The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of goods between… more

A new Colorado law required all banks and credit unions chartered in any state to charge only Colorado’s maximum interest rate, not the interest rates allowed by the lender’s state. In an opinion published on June 18, the US District… more

The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that agreements… more

The District of Delaware granted-in-part Shopify’s motion for judgment as a matter of law, or alternatively a new trial, citing gaps in the evidentiary record resulting in an insufficient basis for the jury verdict of infringement… more

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) petitions were filed on June 20 by Webb Wheel Products, Inc. (the “Petitioner”) against imports of certain brake drums from the People’s Republic of China (“China”) and… more

We are pleased to announce the release of our latest whitepaper, Fueling Up: How to Make U.S. Clean Hydrogen Projects Happen. This comprehensive report explores the critical steps needed to unlock the potential of clean hydrogen in the… more

On June 17, 2024, Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction in State of Tennessee, et al. v. Miguel Cardonoa, et al., U.S. District Court for the Eastern… more

On June 20, 2024, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board voted to approve the proposed Indoor Heat Illness Prevention in Indoor Places of Employment Standard (“Indoor Heat Standard”)… more

The Tennessee ABC has new rules for catering alcoholic beverages. The new rules add specific requirements for what constitutes a commercial catering kitchen. To qualify for a catering license, applicants “are required to have a… more

In the continuously evolving landscape of cyber threats, organizations must be proactive in identifying and mitigating potential risks to their digital assets and operations. A critical step in building cyber resilience is conducting a… more

The Department of Justice (DOJ) is currently in a conundrum over its Deferred Prosecution Agreement (DPA) for the Boeing 737 Max crashes. Understanding the implications of the DOJ’s upcoming decision on whether to prosecute Boeing… more

On 20 June 2024 the UK Supreme Court issued its long awaited decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20 (“Finch”)… more

Organizations with operations in California are reminded of the upcoming July 1, 2024 deadline to comply with the provisions of S.B. 553—a bill that was signed into law by Governor Gavin Newsom on September 20, 2023, following swift… more

Following years of bolstering residential tenant protections, Ordinance 126982 marks one of the City of Seattle's first major forays into policing the commercial landlord-tenant relationship. The ordinance, which went into effect in… more

On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances Control… more

This year is predicted to be an active hurricane season in Florida and the southeastern United States. If you own property in Florida and other hurricane-prone areas, having the right hurricane insurance in place to protect your assets… more

Traditional Google Ads have long been a staple in online advertising, but now there’s a new game-changer in town. Google’s Local Services Ads (LSA) on Google Maps are here, and they’re poised to revolutionize how you attract local… more

New York Gov. Kathy Hochul announced the state’s latest land-based renewable energy solicitation, continuing progress toward the state’s Climate Leadership and Community Protection Act goal to obtain 70 percent of New York’s… more

Q&A: If an employee takes FMLA leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available?… more

In today’s market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers.  However, this surge in green marketing has also caught the attention of the plaintiffs’ bar, which is… more