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When a company files for bankruptcy, creditors often wonder if they will get paid. The answer depends on the priority and treatment of each claim in the bankruptcy process. Troutman Pepper's Creditor’s Rights Toolkit is a… more

So far this year, three False Claims Act defendants have challenged judgments against them based on the Excessive Fines Clause of the Eighth Amendment. Remarkably, two were successful, as the District of Minnesota more than halved a… more

On September 18, 2024, Steward Partners Management Holdings, LLC (“Steward Partners”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that information in the company’s possession was subject… more

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires des mois de juillet et août 2024… more

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations about which… more

This week, the Federal Reserve’s Federal Open Markets Committee (FOMC) decided that its target policy rate range would decrease by 50 basis points, resulting in a new target range for the Federal Funds Rate of 4.75 percent to 5… more

When a contracting party decides that the counterparty is worth an exclusive commitment, such a decision often rests on some minimum expectations and basic assumptions. But, in light of Murphy’s law, it may be worthwhile to put the… more

The impending expiration of the lockup agreement in the context of Trump Media & Technology Group Corp. (Nasdaq: DJT) raises some fascinating legal issues, as well as a once-in-a-lifetime case study on the market implications of… more

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash Venture… more

This week we have been exploring how Chief Executive Officers and other senior executives can set an appropriate Tone at the Top by actually walking-the-walk of compliance rather than simply talking-the-talk of compliance. For any… more

The U.S. Environmental Protection Agency (EPA) Region 6 recently issued the first draft Class VI permits in Texas under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program. These draft permits would authorize… more

NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights… more

With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of… more

Following the introduction of the NO FAKES Act of 2024 in July by a bipartisan group of US Senators, US Representatives Adam Schiff (D-CA), María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Rob Wittman (R-VA)… more

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing Authority… more

On September 19, 2024, MedReview, Inc. filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access its computer network. In this notice, MedReview explains… more

Most policyholders are aware of the danger of losses from fraudulent instructions and invoices accomplished through what is known as “social engineering” or related methods. Often this is carried out by an email claiming to be from a… more

On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable. Yita LLC v. MacNeil IP LLC, IPR2023-00172, Paper 70 (PTAB Jun. 6, 2024) (“Decision”)… more

As healthcare technology continues to evolve, so does the need for robust compliance strategies to safeguard patient information and ensure the integrity of medical devices. In a joint September 19, 2024 presentation, the Department of… more

As the Indian startup ecosystem continues to thrive, attracting substantial investments from around the globe, investors are increasingly eyeing opportunities within this burgeoning market. However, investing in Indian startups comes… more

In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for purposes of… more

Innovation and technology are not the magic wands that will help low-income Americans climb out of debt; they often are tools used to prey on the neediest people, Seth Frotman, the CFPB’s general counsel told the Poverty Law Conference… more

The U.S. Department of Labor (“DOL”)’s Bureau of International Labor Affairs (“ILAB”) published a series of reports on September 5, 2024, with extensive new insights into the incidence of forced and child labor in global supply chains… more

On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD) Warehouse… more

The Federal Aviation Administration ("FAA") has proposed new rules to standardize its criteria for addressing cybersecurity threats for transport category airplanes, engines, and propellers… more

For better or for worse, our current culture depends heavily on cars to get where we need to be. In many places across the United States, cars serve as the only convenient link to the outside world. Today, seniors aged 70 and… more

On September 19, 2024, Wells Fargo Clearing Services, LLC d/b/a First Clearing filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to access the company’s IT… more

On July 1, 2024, the Securities and Exchange Commission adopted a new registration framework for registered index-linked annuity (RILA) contracts. RILA contracts allow investors to allocate purchase payments to one or more… more

Federal court cases are a game, like chess. You file a complaint, you fight the inevitable motion to dismiss, and once you survive that, you either settle or take the chances with the case and see if the defendants settle later down… more

Legal marketers have to accept that not every website visitor will convert into a client. At least not right away. Even if you have qualified traffic coming in, some people are bound to leave your site without contacting you..… more

Le 12 septembre 2024, la Société indépendante d’exploitation du réseau d’électricité (« SIERE ») de l’Ontario a présenté les plus récents développements relativement à la conception de ses appels de propositions à long terme (volet… more

Contour IP Holding LLC v. GoPro, Inc., Nos. 2022-1654, -1691 (Fed. Cir. (N.D. Cal.) Sept. 9., 2024). Opinion by Reyna, joined by Prost and Schall. Contour filed two suits against GoPro asserting infringement of two related patents… more

In a update to the Environmental Law Monitor’s continuing coverage of California’s historic climate disclosure laws, California State Sen. Scott Weiner put forth on August 13 proposals to Senate Bill 219 that would delay the effective… more

In an otherwise unassuming case relating to an insurance company’s obligation to cover an insured, Judge Kevin C. Newsom of the Eleventh Circuit engaged in a fascinating discussion of the merits of using of large language model… more

The European Commission (EC) announced on September 19, 2024, that it adopted new measures under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation to protect human health and the environment by… more

The new Labour government has made good on its promise to introduce to Parliament legislation intended to bolster the UK’s preparedness for and protection from terrorist attacks.  The Terrorism (Protection of Premises) Bill will ensure… more

The DEA scheduled an administrative hearing on the proposed rule to move marijuana from Schedule I to Schedule III. It will commence December 2, and insiders predict it will last two to 10 days. Any person “adversely affected or… more

AI tools, such as ChatGPT, have become a big part of modern life. They are also becoming more and more relevant in the workplace. The use of AI entails great opportunities, but also a few risks. So far, there is not much case law yet… more

The Deere case is an important reminder for companies to devote proper attention to ensuring robust integration planning for acquired companies.  DOJ has provided important guidance on acquisition practices and the need to integrate… more

On September 13, 2024, following a statutory four-year review of tariff actions taken by the U.S. Trade Representative (USTR) pursuant to its Section 301 investigation of China, the USTR announced a series of final modifications to the… more

Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of greenwashing… more

In August, the Department of Justice’s Criminal Division announced the launch of a Corporate Whistleblower Awards Pilot Program, building off an earlier pilot program started in the Southern District of New York to encourage employees… more

This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial system, to… more

The U.S. Department of the Treasury recently issued proposed regulations to implement the Clean Electricity Low-Income Communities Bonus Program, which was created under the Inflation Reduction Act to incentivize clean energy… more

Just like the romantic union of global pop superstar Taylor Swift and Super Bowl champion Travis Kelce, in the business world, combinations of similarly sized companies – or so-called mergers of equals – can yield positive benefits if… more

If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification. The proposed rule makes many changes to SBA programs… more

On September 9, CFPB Director Rohit Chopra spoke at the National Housing Conference on how a decrease in interest rates could impact mortgage refinancing. Chopra noted that over a fifth of all mortgages currently have interest rates… more

Electronic discovery isn't just a concern for big corporations or the large law firms representing them. Government agencies, like the fictional Parks and Recreation Department of Pawnee, Indiana, often engage in eDiscovery when… more

On 5 September 2024, Attorney General (AG) Emiliou delivered a new Opinion in the BSH Hausgeräte/Electrolux case (C‑339/22) acting as an ‘addendum’ to his first Opinion in this case delivered on 22 February 2024. After the AG published… more

Revising the merger control regime in India, the Ministry of Corporate Affairs on September 10 implemented certain provisions of the Competition Act, 2002 and Competition (Amendment) Act, 2023, and the Competition Commission of India… more

AL2024-006, The Health Care Authority of the City of Hoover d/b/a Riverwalk Health and Wellness Center, Shelby County, AL: Proposes to develop a freestanding, non-hospital-based multi-specialty ambulatory surgery center (ASC) with an… more

OFAC issued an interim final rule extending OFAC’s recordkeeping requirements from 5 years to 10 years, to comport with the corresponding statute of limitations extension. OFAC also published a request for public comment with… more

On September 5, the CFPB released its 2024 annual report on the FDCPA, which discussed several issues consumers face in debt collection and highlights practices in the collection of medical and rental debt. Medical debt collection has… more

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2024, the launch of an Outdoor Use Safer Choice label. According to EPA, this new label expands on its existing Safer Choice label and will identify outdoor use… more

September 19, 2024 Comments are due by October 7, 2024. Industry Group Leader Associate On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business… more

On September 17, 2024, the Consumer Financial Protection Bureau (CFPB) issued a circular explaining that financial institutions may violate the Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E, by… more

Would you risk prison time to avoid paying taxes? That’s a question Robert Hunter Biden, publicly known as "Hunter Biden," may have asked himself when he faced serious tax evasion charges recently. While the case attracted national… more

On September 5, the FTC published a letter to the CFPB on the Commission’s annual summary of debt collection activities in 2023. Addressed to CFPB Director Rohit Chopra, the report aimed to assist the Bureau in preparing its annual… more