On May 22, USTR followed up the recommendations in its March 14 report with specific proposals for increases in Section 301 tariffs. There will be an exclusion process allowing interested parties to request temporary exclusions for… more

On May 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule stating that providers of “buy now, pay later” (BNPL) products that issue “digital user accounts” to access credit products to purchase goods… more

On May 16, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced the adoption of amendments to Regulation S-P that were proposed last year (“Final Amendments”).[1] The Final Amendments impose enhanced requirements on… more

The U.S. Environmental Protection Agency (EPA) announced on May 20, 2024, the availability of and solicited public comment on the draft manufacturer-requested risk evaluation (MRRE) for di-isodecyl phthalate (DIDP) and the draft… more

On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205), making the state the first to enact a comprehensive legislative framework to regulate artificial intelligence (AI) tools… more

The United States Environmental Protection Agency (“EPA”) and Northern Virginia Electric Cooperative (“NVEC”) entered into a May 21st Consent Agreement (“CA”) addressing alleged violations of the Federal Underground Storage Tank… more

The EU AI Act marks a new milestone in the landscape of AI governance — and businesses are taking note. This past March, the EU passed new regulations surrounding AI in the EU AI Act that have been years in the making. Let’s start… more

On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the leading… more

Co-Author Tye Boudra-Bland The United States District Court, D. Utah, Central Division (“Court”) addressed in a May 14th Opinion on an issue regarding the doctrine of sovereign immunity in three consolidated cases involving the… more

Background checks are essential in hiring, but many HR leaders skip them to save time. This approach causes headaches, so many employers turn to background search software. But with so many options available, how do you choose the… more

Red Lobster Files for Bankruptcy, but Restaurants Will Stay Open | NBC News - The largest seafood chain in the U.S. Red Lobster has filed for voluntary bankruptcy in Florida, but it plans to keep its restaurants open. The restaurant… more

This week, the Federal Aviation Administration (“FAA”) shared that it is forecasting a “strong growth” in commercial space operations over the next several years. As a leading example of this growth, the FAA is anticipating as… more

Biomedical Company Avoids DOJ Prosecution After First Ever Voluntary Corporate Self-Disclosure of Fraud Under NSD Enforcement Policy - On May 22, the US Department of Justice (DOJ) announced that it will not prosecute a… more

The United States Environmental Protection Agency (“EPA”) announced in a May 23rd news release Brownfield grants have been awarded to the following Arkansas entities: Arkansas Department of Energy & Environment ($1,000,000)… more

Every candidate wants to be treated like they are special. Even though we are currently in an “employer’s market” we aren’t looking for bodies to fill the space. We’re looking for gifted, talented employees that make a difference… more

On May 23, 2024, the SEC approved listing of eight ETH ETPs. The order approved the applications to list the ARK 21Shares Ethereum ETF, the Fidelity Ethereum Fund, the Grayscale Ethereum Trust, the Bitwise Ethereum ETF, the iShares… more

In this episode of The Ethics Experts, Nick welcomes Christopher Marquis. Christopher Marquis is the Sinyi Professor of Chinese Management at the University of Cambridge and author of The Profiteers: How Business Privatizes Profits… more

In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens..… more

Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about concurrent ownership of property. For a discussion on the related topic of present and future estates, you can check out… more

At a time when pharmaceutical drug prices are at the height of political scrutiny, manufacturers can breathe a small sigh of relief as the Centers for Medicare and Medicaid Services (CMS) announced on May 15, 2024 that it will not, at… more

Welcome back to the Law School Toolbox podcast! Today we're excited to have the founder of Write Track Admissions, Hamada Zahawi, with us to talk about law school applications.  In this episode we discuss: >Hamada's background… more

Trademark owners face threats to their intellectual property assets from all sides. Scammers are using increasingly sophisticated methods to perpetrate phishing schemes, often posing convincingly as legitimate brands to hook their… more

Today’s post will address the realities and implications of INTERPOL’s dealings with criminal cases involving cryptocurrency… more

Welcome to the 25th episode of Riskology by Infortal! In the 25th episode, Tom Fox joins hosts Dr. Ian Oxnevad and Christopher Mason to discuss the importance of strategic global risk management as geopolitical tensions rise and… more

In this episode of The Burr Broadcast, labor and employment attorney Gabriell Jeffreys discusses the final rules issued by the U.S. Equal Employment Opportunity Commission (EEOC) for the Pregnant Workers Fairness Act (PWFA). She… more

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance… more

Innovation comes in many forms, and compliance professionals need to not only be ready for it but also embrace it. Curious about Compliance as a Service and AI integration? Well, this episode is for you, as I have Paige Hanson and… more

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the… more

The Securities and Exchange Commission (the SEC) adopted new and somewhat controversial rules and rule amendments (the Final Rules) under the U.S. Investment Advisers Act of 1940 (the Act) in the fall of 2023 that impact the regulation… more

Earlier this month, the Wyoming state legislature’s Joint Minerals, Business and Economic Development Committee met at the University of Wyoming (UW) in Laramie. The meeting’s theme and focus centered around finding a balance between… more

The Internal Revenue Service has released Rev. Proc. 2024-25 announcing the inflation-adjusted limits for high deductible health plans (HDHPs) and health savings accounts (HSAs) in 2025.  The updated 2025 limits are as follows..… more

On May 22, 2024, a notice and summary of the Federal Communications Commission’s (FCC’s) recent decision to reclassify broadband Internet access service (“BIAS”) as a Title II telecommunications service was published in the Federal… more

Over the last ten years, we have seen a marked shift from the Delaware Chancery Court chipping away at corporate board member liability claims. In a number of seminal cases involving Boeing airplane crashes (In re the Boeing Co… more

Get ready for an exciting new season of Because That’s What Heroes Do. In this season, they take a deep dive into their favorite 15 episodes of Deep Space 9. In this exploration, they are joined by DS9 maven Alex Murphy, (Murphy)… more

Welcome to 10 For 10, the podcast that brings you the week’s top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings to you, the compliance professional, the compliance stories you need to be… more

In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of… more

More than two decades in, cloud computing is no longer a technology that requires a herald or proselytizer. What began with government agencies and then financial institutions seeking expanded storage solutions and an alternative to… more

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation… more

A continuation fund is an entity fund set up by a sponsor in order to purchase an asset (or assets) from an existing fund managed by that sponsor. There are a number of reasons as to why a sponsor would want to pursue this strategy… more

In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision resolves a… more

The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as recruitment… more

On May 16, 2024, the US Supreme Court upheld the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) funding structure in a decision that will have significant ramifications on both the CFPB’s rulemaking and… more

Key Points: There is a constitutional right to medical care for those individuals in custody. Although there is a right to have a government actor intervene when the underlying constitutional violation involves excessive force or… more

Earlier this month, HHS unveiled updated Section 1557 regulations which will impact most healthcare providers, including for the first time Medicare Part B providers who do not participate in other federal programs like Medicaid and… more

A year ago, we highlighted the National Institute of Standards and Technology’s ("NIST") release of a framework designed to address AI risks (the “AI RMF”). We noted how it is abstract, like its central subject, and is expected to… more

The tides have turned for Red Lobster, the iconic seafood dining destination, as the company has filed for Chapter 11 bankruptcy protection. As the restructuring process unfolds, it's crucial for customers, employees, and stakeholders… more

On March 25, 2024, the IRS issued proposed regulations (REG-108761-22) which, if finalized, would identify certain CRATs as listed transactions.  For those unaware of the listed transaction rules, such a designation would mean that… more

Following last week’s announcement concerning the U.S. Trade Representative’s proposal to add or increase Section 301 ad valorem rates of duty for certain products of China, on May 22, 2024, the USTR issued its highly anticipated… more

On May 22, 2024, the US Department of Treasury and the IRS issued two important notices—one delaying the full implementation of the withholding rules on dividend equivalent payments, and the other on derivative reporting for BEAT… more

Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale copyright… more

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to make Ethics and Compliance (E&C)… more

The U.S. Supreme Court decided three cases on Thursday, one of them on the main sequence of the practices of most of the readers of this blog and the others worth knowing about, both as lawyers and as citizens… more

This week in New York, many leading health systems came together for the long-running Not-For-Profit Health Care Investors Conference, now sponsored by Barclays, HFMA and the American Hospital Association. The conference allowed… more

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents… more

Construction law is largely a matter of contract law. Yes, there are federal and state statutes that deal with construction issues and, yes, construction cases sometimes involve tort claims, but more often than not, construction… more

On May 21, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its decision in United Therapeutics Corporation v. Carole Johnson, et al./Novartis Pharmaceuticals v. Carole Johnson… more

Addressing appellate jurisdiction in view of the collateral order doctrine, the US Court of Appeals for the Federal Circuit dismissed an appeal of a district court’s ruling denying a motion to dismiss because the district court’s order… more

The health care industry has been a particular focus of antitrust concern in recent years, including recent policy initiatives, private equity warnings, and enforcement actions from both the Department of Justice (DOJ) and Federal… more