A group of 14 Republican AGs wrote a letter to the CEO of Webull Financial LLC, inquiring into whether Webull—which is both a U.S. and Chinese company—may have exposed customers’ personal information to the Chinese Communist Party… more
Tornetta v. Musk, et al., C.A. 2018-0408-KSJM (Del. Ch. Jan. 30, 2024) - Stockholders of Tesla, Inc. brought a derivative action against Elon Musk and six individual Tesla directors, alleging that the directors breached their… more
On April 23, 2024, the US Department of Labor (DOL) announced its final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees—commonly referred to as the white… more
The U.S. Department of Labor has issued final regulations that increase the minimum salary level needed for the white-collar exemption and the annual compensation threshold needed to be considered a Highly Compensated Employee under… more
DETROIT — Newlab Startups Ignite Detroit's Tech Renaissance- One year in, the members-only shared workspace, research lab, and venture platform in the former Book Depository building next to Michigan Central Station is driving… more
The CFPB released its Supervisory Highlights, Mortgage Servicing Edition on April 24, 2024. These highlights share the CFPB’s findings from supervisory examinations completed between April 1, 2023, and December 31, 2023. Although only… more
The risk of a product recall has increased in recent years due to changing global regulatory standards. Contributing factors include geographically widespread supply chains and different manufacturing protocols among nations in that… more
The European Parliament has recently approved the final EMIR texts, known as “EMIR 3.0” that were agreed between the Council of the EU and the European Parliament in February and which introduce changes to the current EMIR framework in… more
In Virginia, House Bill 1505 has emerged and been signed into law, effective July 1, to tackle the expanding domain of name, image, and likeness (NIL) activities among student-athletes. This legislation aims to revolutionize how these… more
This LawFlash summarizes key takeaways from the recent amendments by the Kazakhstan government to the formula for calculation of the share of domestic value in a product… more
On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer… more
Drawing on a carrot and stick approach, Department of Justice (“DOJ” or the “Department”) guidance in 2023 focused heavily on incentivizing companies to voluntarily self-disclose their misconduct. This guidance included the Criminal… more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on the New York dispensary situation. We see that Kentucky has set up a lottery to distribute medical… more
As investors scrutinise German residential real estate opportunities in 2024, the environment looks very different from a year ago. While some large deals were executed in 2023 despite pressures in the market, the outlook for this year… more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or barring… more
On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final overtime rule, which substantially increases the minimum salary required for the “white collar” overtime exemptions under the Fair Labor Standards… more
The Department of Labor (DOL) on Tuesday increased the salary thresholds for the Fair Labor Standards Act (FLSA) white collar exemptions from overtime pay requirements. On July 1, the minimum annual salary threshold for an exempt… more
Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie… more
The European Parliament has now approved the “Corporate Sustainability Due Diligence Directive,” which will apply to both EU companies and to non-EU companies doing business in the European Union. (There is a phased implementation of… more
On Tuesday, the U.S. Department of Labor (DOL) released its highly anticipated final rule that makes approximately 4 million more employees across the country eligible for overtime pay… more
Recent $750+ Million in Federal Grants for EV Charging Infrastructure - In January 2024, the Biden-Harris Administration announced two grant awards totaling over $750 million, focused on improving electric vehicle (EV) charging… more
The Office of Inspector General (OIG) recently issued a new favorable advisory opinion regarding patient assistance programs (PAP) for 12 specific disease funds. PAPs help patients pay high cost-sharing obligations for medications..… more
Whitestone REIT Operating Partnership L.P. v. Pillarstone Capital REIT, C.A. No. 2022-0607-LWW (Del. Ch. Jan. 25, 2024) - In Delaware, the implied covenant of good faith and fair dealing is inherent in all contracts and ensures that… more
By now, everyone knows that the FTC issued a final rule that would ban all noncompete agreements entered into after the effective date. Effective Date of FTC Ban - The FTC’s noncompete ban is not in effect yet. It does not… more
On April 12, 2024, in coordination with the United Kingdom, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued two new Determinations (collectively, the “Determinations”) that together prohibit imports… more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the federal… more
The North Carolina General Assembly on Wednesday started its 2024 session with legislators focused on adjusting the second year of the biennial budget adopted last year and considering bills on other topics… more
Die Statistiken sind eindeutig: Im Jahr 2023 fehlten Arbeitnehmer in Deutschland krankheitsbedingt durchschnittlich 15,2 Tage. Damit hat der Krankenstand in Deutschland einen neuen Höchstwert erreicht. Oft bestehen Bedenken, ob die… more
New York State lawmakers came to a final agreement on a 2024-25 budget bill, which contains several notable changes to New York’s employment laws. There are three notable amendments in the budget that directly impact New York… more
Every national election cycle, we are reminded that presidential administrations drive the trajectory of white-collar civil and criminal enforcement priorities. Halfway through President Biden’s first term, in 2022, Attorney General… more
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers… more
On April 19, Kansas Governor Laura Kelly signed House Bill (HB) 2560 to regulate earned wage access (EWA) products and services. HB 2560 enacts the Earned Wage Access Services Act that requires EWA providers to be licensed by the state… more
The Final Rule implements a May 2023 Memorandum of Understanding between the federal agencies currently responsible for various aspects of environmental review and permitting of transmission projects and creates the Coordinated… more
As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of… more
Nebraska’s governor has now signed into law the state’s “comprehensive” privacy law making it the fourth one this year, and the 17th overall. It will take effect on January 1, 2025 – the same day as Delaware, Iowa, and New Hampshire..… more
On April 25, 2024, FDA published a revised draft guidance, Promotional Labeling and Advertising Considerations for Prescription Biological Reference Products, Biosimilar Products, and Interchangeable Biosimilar Products – Questions and… more
On April 15, the Centers for Medicare & Medicaid Services (CMS) released a fact sheet on the potential national coverage determination (NCD) for pre-exposure prophylaxis (PrEP) using antiretroviral drugs to prevent HIV. CMS did not… more
Fast forward: It’s June 1, 2024, and you’ve just received a call from one of your Safety Managers. He tells you that a Compliance Safety and Health Officer (CSHO) has arrived at the workplace and wants to conduct an inspection. But… more
The FTC approved a final rule to implement a nationwide ban on non-compete agreements between employers and their workers. The rule would supersede most state laws regarding noncompete provisions except where a state law prohibition is… more
In a New York State Court lawsuit filed on March 11, 2024, a small digital content developer called Nubai sued its former adtech vendor, Outbrain, for routing to it what it called primarily sophisticated invalid traffic (SIVT) , i.e.… more
In the competitive landscape of modern business, intellectual property (IP) rights are a crucial safeguard to preserving innovations and investments across various sectors. Across these domains, a steadfast appreciation for scientific… more
Massachusetts Attorney General (AG) Andrea Joy Campbell issued an advisory to provide guidance on how state consumer protection, anti-discrimination, and data security laws apply to artificial intelligence (AI). The advisory emphasizes… more
Chordia v. Lee, C.A. No. 2023-0382-NAC (Del. Ch. Jan. 4, 2024) - In this case, as part of a sale of a majority interest, a stockholder agreement granted the founders the ability to designate members to the board of directors so long… more
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has announced two enforcement actions this year. Both reference the Financial Crimes Enforcement Network's (FinCEN) whistleblower program, signaling OFAC’s… more
The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is… more
Cantor Fitzgerald, L.P., v. Ainslie, No. 162, 2023 (Del. Jan. 29, 2024) - Here, a limited partnership agreement authorized the partnership to withhold distributions owed to a partner who withdraws from the partnership and engages in… more
Poland is close to adopting provisions concerning whistleblower protection, namely the implementation of Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law. The draft of the… more
On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule change to… more
The First Circuit Court of Appeals has finally ended the Nantucket Residents Against Turbines' lawsuit against the United States Bureau of Ocean Energy Management, the National Oceanic and Atmospheric Administration, the National… more
On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in business in… more
Title IX, a federal law that has prohibited discrimination on the basis of sex in education programs since 1972, has frequently made headlines since 2020. In mid-2020, the U.S. Department of Education (“Department”) under the Trump… more
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care Department… more
On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements. See Fed. Trade Comm’n, Non-Compete Clause Rule, RIN2084-AB74 (Apr. 23, 2024). The final rule, which becomes… more
On April 10, Virginia-based nurse practitioner Daphne Jenkins was sentenced to prison for her participation in a $7.8 million telemedicine fraud scheme that involved medically unnecessary orders for durable medical equipment (DME). As… more
Palkon v. Maffei, C.A. 2023-0449-JTL (Del. Ch. Feb. 20, 2024) - This decision arose out of TripAdivor’s conversion from a Delaware corporation into a Nevada corporation. The company’s CEO and Chair had voting control and approved… more
Former Pennsylvania Auditor General Eugene DePasquale secured the Democratic nomination, and will face the Republican nominee, York County District Attorney Dave Sunday, in the general election this November… more
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going… more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Strong River Construction, LLC (“Strong River”) entered into a January 10th Agreed Order (“AO”) for alleged failure to obtain coverage under the Mississippi Large… more
