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The U.S. Internal Revenue Service ("IRS") has released proposed regulations regarding the Clean Hydrogen Production Tax Credit introduced in the Inflation Reduction Act of 2022 ("IRA"). The proposed regulations provide more guidance… more

The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided employees’… more

Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and transparency in… more

Daren Orzechowski, Alex Touma, and Jack Weinert examine the history and key requirements of Utah’s AI Consumer Transparency law. On March 13, 2024, the Governor of Utah, Spencer Cox signed the Utah Artificial Intelligence Policy Act… more

On June 28, in Loper Bright v. Raimondo, et al., the Supreme Court overturned the Chevron deference doctrine, a long-standing tenet of administrative law established in 1984 in Chevron U.S.A., Inc. v. Natural Resources Defense Council… more

On September 5, 2024, the United States District Court for the Middle District of Florida denied Health First, Inc.’s motion to dismiss plaintiffs’ amended complaint in a class action lawsuit alleging monopolization and anticompetitive… more

On September 17, 2024, the Missouri Department of Health and Senior Services (“DHSS”) published a letter clarifying its enforcement policy concerning certain psychoactive hemp products that were the target of recent executive action..… more

Strategies and insights from our white paper partnership with CLOC - Legal technology is an increasingly important factor for corporate legal departments’ spending priorities. According to a recent report, 78% of legal departments… more

The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This article… more

Overview On May 10, 2024, the Florida Governor approved Senate Bill 532 (“SB 532”), which passed the Florida House and Senate by nearly unanimous vote (1 vote against in the Senate). SB 532 substantially revises Chapter 517, F.S., the… more

On September 11, 2024, the Minnesota Supreme Court issued an opinion holding that the Minnesota Franchise Act (MFA) does not “categorically preclude an out-of-state company from enforcing a claim for unfair practices” under Minnesota… more

Le 10 septembre 2024, le gouvernement du Canada (le « Canada ») a annoncé une nouvelle consultation de 30 jours sur des mesures éventuelles visant à protéger les secteurs essentiels à l’industrie manufacturière canadienne. Une… more

The U.S. Environmental Protection Agency (EPA) called for nominations on September 18, 2024, of scientific and technical experts that EPA can consider for service as ad hoc peer reviewers to assist the Science Advisory Committee on… more

Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements… more

The UK has entered into the world’s first binding treaty on artificial intelligence - the framework convention on AI and human rights, democracy and the rule of law (the “Convention”). The treaty sets out principles to be implemented… more

Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in mind… more

I was talking with Cooley partner Brad Goldberg about how he has been helping quite a few companies revisit their bylaws in response to the Delaware Supreme Court’s recent Kellner decision… more

Extended producer responsibility (EPR) is an environmental policy enacted by several states,1 which extends a manufacturer’s responsibility for its product’s packaging materials to the end of the product’s life cycle. Typically, state… more

Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library Internet… more

China has released its plan to raise the statutory retirement age for male and female employees. The increase will start to gradually take effect from January 1, 2025. The ultimate retirement age set by statute will continue to be… more

On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has exempted… more

There is always that line that you’re hired to be fired. No matter how great you are as a plan provider, you will certainly get fired by a client if you haven’t already… more

On September 5, the FFIEC announced the sunsetting of the Cybersecurity Assessment Tool (CAT) on August 31, 2025. The CAT, introduced in June 2015, was a voluntary tool designed to help financial institutions identify cybersecurity… more

GI Partners has made a majority investment in eClinical Solutions, according to a news release. eClinical, founded in 2012 and based in Mansfield, Massachusetts, is a global provider of digital clinical software and services… more

The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous contractual… more

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to employees while… more

The ‘fundamental aim’ of the Green Belt as stated in the NPPF is urban containment. The NPPF contains strong protections by imposing strict tests to be met before Green Belt land can be released for development… more

Daren Orzechowski Alexander Touma Jack Weinert Daren Orzechowski, Alex Touma, and Jack Weinert examine the progress made by US federal agencies towards achieving the directives set forth in President Biden’s Landmark Executive Order on… more

Bermuda is the world’s leading domicile for captive insurance companies, with over 600 active captive licences on its register generating over US$24 billion in gross written premium. Having formed the first modern captive in 1962… more

On August 12, 2024, Judge David C. Godbey of the United States District Court for the Northern District of Texas denied a motion for judgment on the pleadings in an action alleging that an oil company (the “Company”) and a former… more

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of… more

The updates include a consultation paper on a new phase of paper listing and a joint announcement on temporary modifications to requirements for specialist technology companies and de-SPAC transactions… more

As we have previously noted, the Commodity Futures Trading Commission (CFTC) continues to face legal challenges to its regulatory approach to political event contracts. The past two weeks have seen a flurry of activity in the United… more

There’s a great scene towards the end of The Shawshank Redemption – which Budding Trend readers know is one of the greatest films ever made – where the character played by Tim Robbins encourages the Morgan Freeman character: “[I]f… more

On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company (“Norfolk… more

In Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., the United States Court of Appeals for the Federal Circuit issued a precedential decision relating to obviousness-type double patenting (“ODP”) and patent-term… more

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment… more

On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the… more

The Food and Drug Administration (FDA) recently issued warning letters to two third-party nonclinical testing laboratories. The FDA cited the laboratories for “oversight failures and animal care violations that raise concerns with the… more

The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the parties… more

The US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule (IFR) on September 6, 2024 to implement worldwide export controls on quantum computing, semiconductor, addictive computing, and Gate… more

Host Bill Derasmo welcomes Dr. Raj Talluri, CEO at Enovix. Dr. Talluri, who holds a Ph.D. in electrical engineering from the University of Texas at Austin, leads Enovix in pioneering 100% active silicon batteries. These batteries… more

Recently, a Texas-based payday lender (the defendant) filed a motion to dismiss in the U.S. District Court for the Northern District of Dallas, challenging the legality of the CFPB’s funding structure. As previously covered by… more

One of the anticipated consequences of the Supreme Court's Loper decision is that it will unleash judges to impose their statutory interpretations of administrative agencies' applications of the law within their areas of purported… more

Changes to Federal Rules of Civil Procedure 16(b) and 26(f) are projected to come into effect in December 2025. These changes, should they come in to effect, have been promulgated to address what proponents refer to as the “‘privilege… more

On September 9, 2024, the U.S. House of Representatives passed legislation that would expand the scope of the Export Control Reform Act of 2018 (ECRA) to include the protection of trade secrets. The one-sentence bill, which passed the… more

CISOs, compliance officers, corporate boards, and other senior executives are quick to worry these days about the risks of artificial intelligence – but fear not! Some of the brightest minds in technology have built a tool to help the… more

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly… more

Recently, a bank customer and his business filed a class action complaint in the Stamford-Norwalk Judicial District Superior Court against a Connecticut-based bank alleging that bank engaged in unlawful business practices to maximize… more

Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment Opportunity… more

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) adopted a final rule (the Final Rule) on August 28 that will treat certain investment advisers and exempt reporting advisers as financial institutions… more

On September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail workers… more

On August 30, the Superior Court for the State of California dismissed a lawsuit challenging the California Digital Financial Asset Law’s (DFAL) $1,000 daily transaction limit. The plaintiff, an alliance for cryptocurrency terminals… more

The United States Patent and Trademark Office (USPTO) has announced new rules governing amendment practice in trial proceedings under the America Invents Act (AIA), making certain provisions of the motion to amend pilot program (MTA… more

TSCA/FIFRA/TRI - EPA Updates Safer Choice And DfE Standard: The U.S. Environmental Protection Agency (EPA) announced on August 8, 2024, the availability of the final updated Safer Choice and Design for the Environment (DfE)… more

The California Department of Transportation (Caltrans) reports that motor vehicle crashes in California claim 3,600 lives and injure 13,000 annually with 887 of those deaths being attributed to speeding. According to the National… more

The proverbial road to Electric Vehicle (EV) rollout is paved with numerous challenges. Among these speedbumps is the preeminent question of how the infrastructure to support nationwide EV charging will be financed and developed… more

On August 12, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Adoption regarding amendments to debt collection rules. According to the DCWP, the amendments, effective December 1, will enhance… more