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
Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands… more
Federal environmental enforcement can be civil, criminal, or both. The US Environmental Protection Agency (EPA) recently announced a policy intended to better coordinate its civil and criminal environmental enforcement. The policy… more
On April 8, 2024, the FCC released a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on a number of issues under the Safe Connections Act (SCA) specifically related to connected car services. As indicated by Chairwoman… more
FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most pre-existing… more
We are pleased to share the April 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social, and… more
As California goes, so goes the nation. Time will tell if this popular saying rings true with respect to California’s recent enactment of Assembly Bill 1399 (AB 1399), which allows a veterinarian-client-patient relationship (VCPR) to… more
On April 23, 2024, the U.S. Department of Labor (“DOL”) released a new final rule that significantly increases the minimum salary threshold to qualify for the executive, administrative, professional, and highly compensated employee… more
Earlier this month, the California Privacy Protection Agency (CPPA) issued its first-ever enforcement advisory (No. 2024-01). The advisory addresses what it calls the “foundational principle” of data minimization, and more… more
A recent issue of SCCE’s Corporate Compliance Weekly News contained a link to a startling report I was not previously familiar with. An investigation by the U.S. Coast Guard found numerous instances of sexual assault spanning many… more
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, creating a national beneficial owner database to be used in combating money laundering, by requiring companies to report information about their beneficial… more
Simultaneously with the prepublication of a final rule designating two of the Per- and Polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) hazardous substances, EPA… more
As we’ve noted here before, numerous environmental, social, and governance aspects have very clear compliance ramifications, whether in the form of laws and regulations or stakeholder expectations that can result in serious adverse… more
The United Auto Workers (UAW) made history by winning its first unionization vote at a Volkswagen factory in Chattanooga, Tennessee. The final tally was 2,628 to 985, a stunning 73% of eligible employees voted in favor of joining the… more
The EU recently introduced the AI Act, landmark legislation aimed at regulating artificial intelligence (AI) technologies. This article provides an in-depth overview of the EU AI Act, its implications for organizations, and detailed… more
为了帮助基金经理确定开曼群岛是否是其基金的正确选择，我们列出了在建立对冲基金时需要考虑的一些重要因素，并介绍了相关文件和法规。 对冲基金通常为开放基金，即投资者可以定期赎回。因此，为满足此类赎回需求， 基金中必须始终有足够的现金或流动资产。… more
Split (or shared) visits—the current term used by the Center for Medicare & Medicaid Services (CMS)—allow non-physician practitioners (NPPs) and physicians who work for the same employer/entity to share patient visits on the same day… more
The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a near-total… more
On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule increasing the salary thresholds for the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative, professional, and highly… more
In October 2023, the International Organization for Standardization (ISO) published ISO 7101, Healthcare organization management: Management systems for quality in healthcare organizations. ISO 7101 is the latest in a series of… more
On April 23, 2024, the Federal Trade Commission (FTC) announced it had approved its final rule that would effectively ban workplace non-compete agreements, with limited exceptions (the “Final Rule”). The effective date of the Final… more
A coalition of 20 Republican and three Democratic AGs submitted an amicus brief to the U.S. Supreme Court in the case Doe v. Snap, Inc., No. 23-961, urging the Court to grant petitioner’s writ of certiorari and reverse the lower… more
Before delving into the exciting Illinois Gaming Board meeting, we wanted to remind those who may be interested that the IGB is seeking public comments and proposals for a potential video gaming rulemaking. The rule could allow… more
On April 23, 2024, the United States Department of Labor released the final version of its rule that revises Fair Labor Standards Act (“FLSA”) regulations in order to increase the salary thresholds that must be satisfied in order for… more
As part of the 2025 Fiscal Year budget, Governor Kathy Hochul signed into law significant legislation affecting the New York City and State rental market, which is highlighted below: Good Cause Eviction Law- As of April 20, 2024… more
On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) unveiled updates to its regulations that sharpen CFIUS’s processes and enforcement authorities. Together with remarks by U.S. government officials… more
On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the CFPB, its… more
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning nearly all non-compete agreements effective 120 days from the rule’s formal publication. The move, or something like it, has been expected for… more
Earlier this week, the Biden-Harris Administration, through the Office for Civil Rights (OCR) announced a Final Rule aimed at protecting protected health information (PHI) related to lawfully provided reproductive health care services… more
It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024 Consumer… more
In a move that, if allowed to go into effect, could force companies across the United States to tear up existing contracts, the U.S. Federal Trade Commission (“FTC”) approved a Final Rule April 23, 2024, effectively barring any person… more
Broad authorizations permitting dealings in Venezuela’s oil and gas sector came to an end on April 17, 2024, when the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) terminated General License 44… more
The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating a… more
On April 23, 2024, the U.S. Department of Labor (DOL) announced that effective July 1, 2024, the salary threshold for the overtime exemption for employees employed in a bona fide executive, administrative, or professional capacity will… more
On 22 April 2024, the European Securities and Markets Authority (“ESMA”) provided its response to the European Commission’s request on amendments to the draft regulatory technical standards (“RTS”) in respect of Regulation EU/2023/606… more
The FTC, U.S. DOJ, and HHS have launched an online portal for the public to report potentially unfair and anticompetitive health care practices to the FTC and the Antitrust Division of the DOJ… more
On Tuesday, April 23rd, the Federal Trade Commission issued a rule banning all new and many existing employer and employee non-competition restrictions nationwide, subject to very limited exceptions (the “Rule”). The Rule expressly… more
On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative, Professional… more
Officials broke ground Monday on a new high-speed rail system that will connect Southern California and Las Vegas. The Brightline West system will average speeds of about 115 miles per hour and reach a top speed of around 200 mph… more
We are entering a strange new world where there are evolving questions about whether assets and rights are federally regulated or state managed. Some of this is traceable to Dobbs v. Jackson Women’s Health, the case that overturned… more
*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since the PWFA… more
Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from… more
New York AG Letitia James entered into an Assurance of Discontinuance with national bank Pathward, N.A., f/k/a MetaBank, to resolve an investigation into Pathward’s handling of customer accounts and settle claims that the bank violated… more
Invited to the Aerospace & Defense Caucus at the Colorado legislature this week, I was impressed to see our agencies, universities, and industry participants shaping the future. At Sherman & Howard we’re partnering with Colorado… more
The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and… more
The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition and… more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two final rules… more
