The CFPB has launched an inquiry into so-called “junk fees” charged by mortgage providers and related settlement services, to better understand why closing costs continue to rise and the impact of such fees on borrowers and the… more

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to “modernize and enhance the rules that govern the treatment of consumers’ nonpublic personal information by certain financial… more

Almost as soon as Open AI’s ChatGPT platform was released to the public on November 30, 2022, speculation about its impact service industries that rely upon written and analytical work generated by skilled professionals went from zero… more

The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation, summarized below. Colorado - Effective February 1, 2026 On May 17, 2024, Governor Polis signed… more

The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law… more

I was sad to see the Law 360 report that a coalition of environmental and human rights NGOs have petitioned President Biden to pardon former attorney Steven Donzinger who was jailed for criminal contempt of court in 2021, over seven… more

On May 7, 2024, Morrison Foerster’s New York City office co-hosted a Private Markets Pop-Up with Kayo Conference Series, an event that brought together professional women across the private credit and private equity markets for curated… more

A bipartisan coalition of 11 state AGs and the U.S. DOJ have reached a settlement with the NCAA to resolve allegations of federal antitrust law violations. As previously reported, the AGs alleged that the Transfer Eligibility Rule… more

On May 31, the Ninth Circuit Court of Appeals published an opinion in Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company, which has significant implications for the healthcare industry, most notably by clarifying the… more

The Arkansas Department of Energy and Environment – Division of Environmental Quality and City of Magnolia, Arkansas entered into a March 1st consent administrative order (“CAO”) addressing alleged Clean Water Act National Pollutant… more

The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the end of… more

The DOL recently finalized amendments to the QPAM exemption that will considerably alter the exemption’s conditions effective as of June 17, 2024 (for a detailed summary of the changes, please see our post here). There are a number of… more

Federal employment protections for LGBTQ+ individuals have greatly expanded over the past four years. While the U.S. Equal Employment Opportunity Commission (EEOC) remains committed to preventing workplace discrimination based on… more

The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar case… more

In the case of In re: McIntosh, a debt purchaser’s assertion that it was entitled to enforce a debt not correctly listed on the debtor’s bankruptcy schedules was met with significant pushback from the U.S. Bankruptcy Court for the… more

With the end of the school year on the horizon – if not, for some, already here – Ohio families with school-aged children are starting to shift into summer mode. But, for a parent who is separated from his or her spouse or is otherwise… more

The Fifth Circuit Court of Appeals (Fifth Circuit) today issued its ruling striking down the “Private Fund Advisers Rule” (the “PFA”). The proposed PFA was introduced on February 9, 2022 (“Proposed Rule”). The Securities and Exchange… more

On Tuesday, Texas Attorney General (AG) Ken Paxton announced the creation of a team dedicated solely to the prosecution and enforcement of Texas’ privacy laws. The team will focus on handling cases under at least seven different laws… more

In May 2024, the Senate Rules and Administration Committee advanced three bills sponsored by Chair Amy Klobuchar (D-MN) on elections and AI out of committee. These bills include provisions that would prohibit deceptive AI content… more

Please join Nelson Mullins for a virtual webinar on the FTC Rules on non-competes… more

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the Competition in… more

The U.S. Supreme Court issued an opinion in Cantero v. Bank of America, N.A., No. 22-529, allowing states to enforce state consumer financial protection laws against both state and national banks. The Court was reviewing the Second… more

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update -… more

In a significant decision released Wednesday morning, a unanimous three-judge panel for the U.S. Court of Appeals for the Fifth Circuit vacated what have come to be known as the Private Fund Adviser Rules, a set of rules and amendments… more

General Background - On May 17, 2024, Governor Jared Polis of Colorado enacted the Colorado Artificial Intelligence (AI) Act (CAIA), marking a significant milestone as what its sponsor calls a “chassis,” an initial framework… more

The U.S. Court of Federal Claims (COFC) orders an agency to reinstate a contract award, finding the Government Accountability Office’s (GAO) corrective action recommendation to be without a rational basis. COFC found that a flawed… more

The Occupational Safety and Health Administration (OSHA) has amended its Hazard Communication Standard (HCS), 29 C.F.R. § 1910.1200, to align with Revision 7 (Rev. 7) of the United Nations’ Globally Harmonized System of Classification… more

The Financial Services Regulatory Authority of Ontario (FSRA) has published its final Guidance on Pension Plan Amendments effective June 4, 2024 (Amendment Guidance). The Amendment Guidance describes FSRA’s approach to the following..… more

In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user… more

On May 22, 2024, the First Circuit denied panel rehearing and rehearing en banc on its decision to uphold summary judgment in favor of Boston University. See Dutra v. Boston University, No. 23-1385, 96 F.4th 15 (1st Cir. Mar. 13… more

Nearly $10 million: that’s the average cost of a data breach in the United States. From direct costs related to investigations, litigation, and fines to indirect costs such as reputational damage, businesses have too much at stake to… more

The CFPB has finalized a rule establishing a registry of nonbank financial firms that are subject to enforcement orders for violating consumer protection laws. The agency expects the registry to be a valuable resource for state AGs and… more

What is a Series LLC? In 1996, Delaware was the first state to introduce and permit the formation of a Series LLC. A Series LLC is an entity structure that stands as an alternative to setting up multiple individual LLCs. Within a… more

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act… more

On May 30, 2024, the U.S. Supreme Court held in a unanimous decision that the preemption standard codified in section 1044 (12 U.S.C. § 25b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) requires courts to… more

In February, 2023, Novant Health and Community Health Systems (CHS) entered into an Asset Purchase Agreement pursuant to which Novant agreed to acquire Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric Hospital… more

On June 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a Circular warning companies that the inclusion of “unlawful” or “unenforceable” terms in a form contract constitutes a deceptive act or practice in violation of… more

On June 5, 2024, Solvay USA LLC (“Petitioner”, filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Vanillin from the People’s Republic of China. SCOPE OF THE INVESTIGATION - The following… more

I have reported in several prior blog posts the significant events impacting the newly enacted Washington state capital gains tax. The turbulent ride of this legislation continues!… more

May 2024 was another busy month for ESG regulation both in the UK, EU and internationally. In the UK, the anti-greenwashing rule came into effect on 31 May 2024, an update on the Sustainability Disclosure Requirements (SDR) confirmed… more

El 2 de junio se llevó a cabo el proceso electoral por el cual se definieron diversos cargos de elección popular, tales como Presidencia de la República, senadurías, diputaciones y gubernaturas estatales. De acuerdo con los datos… more

The electoral process in Mexico was carried out on June 2 and various popularly elected positions were selected, such as the Presidency of the Republic, senates, deputies and state governorships. According to the data presented by the… more

Utah AG Sean Reyes has filed a lawsuit against TikTok Inc. alleging that it violated state consumer protection laws by designing its livestream feature—TikTok LIVE—in a manner that facilitates the use of virtual currency for illegal… more

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan cover what managers need to know… more

On May 7, 2024, the Office of the National Cyber Director (ONCD) released the 2024 Report on the Cybersecurity Posture of the United States (the Report). The Report outlines the top trends of 2023, which include..… more

Recent Securities and Exchange Commission (SEC) enforcement action and statements by SEC officials show that the Commission remains focused on disclosures regarding cybersecurity incidents. On May 21, 2024, Erik Gerding, director of… more

In this episode, AGG Healthcare Litigation co-chair Jason Bring discusses the evolving landscape of agency deference with AGG Healthcare Litigation partner Brian Stimson. Brian explains the types of agency deference — including Chevron… more

Effective June 6, 2024, commercial leases in Washington for a fixed term of more than one year no longer need to be notarized. Substitute Senate Bill 5840 states that “Leases do not require acknowledgment, witness, or seals...” This is… more

2023/2024 Annual Returns Must Be Filed by July 6, 2024 - Companies operating employee equity incentive arrangements in the United Kingdom, including companies incorporated or registered outside of the United Kingdom, are mandated to… more

The line between a direct and derivative action is often indistinct and hence the object of controversy. In 2017, the Nevada Supreme Court held that a class action lawsuit should be dismissed for failure to plead a direct rather… more

An interview with Rick Frenkel, Partner at Latham by Richard Hsu… more

The Practical Privacy Workshop is a half day continuing education event designed to keep you informed on important topics, trends, and best practices in the world of data privacy. Join us for breakfast, presentations that will level up… more

This episode is sponsored by KPMG. More resources from KPMG:Transferable Tax Credits, Energy, & Chemicals. It's tax season, so it's time to once again hear from Lauren Collins, a partner at the law firm of Vinson & Elkins. Lauren has… more

In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when insurers… more

In May, Santander Bank faced a significant cybersecurity breach that affected millions of its customers and employees worldwide. The hacking group ShinyHunters claimed responsibility for the attack, which also targeted Ticketmaster… more

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of May 27-June 2. Here’s what’s happening… more

For years, Department of Justice officials have stressed how important chief compliance officers are as the first line of defense in fighting corporate crimes. While that’s true, compliance programs now have a competitor in the DOJ… more

Introduction: Hidden Challenges of Energy Transition - The evolution of energy transition in the United States has been driven, historically, by advances in new technology, fuel availability, fuel pricing, and, probably most… more