Europe Daily News, 27 March 2024
COMPETITION - Prior notification of a concentration (Case M.11517 - CKI / CKA / Phoenix Energy) - Non-opposition to a notified concentration (Case M.11084 - SMRP / SAS Autosytemtechnik)..… more
COMPETITION - Prior notification of a concentration (Case M.11517 - CKI / CKA / Phoenix Energy) - Non-opposition to a notified concentration (Case M.11084 - SMRP / SAS Autosytemtechnik)..… more
Office-to-residential conversions, where an existing office building is renovated and turned into housing, could be an important tool to help address both housing affordability and urban decay. Although there are obstacles, several… more
Latham hosted our second Public M&A Day in Frankfurt, bringing together senior executives and Latham partners to discuss opportunities in the current public M&A sector. Renowned experts and prominent keynote speakers offered… more
Goulston & Storrs participated in the 9th Annual Build-to-Rent Forum (East) that took place on March 20-21 in Nashville, Tennessee. This conference focused on the latest trends and business strategies in build-to-rent housing (or BTR… more
In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark infringement… more
Last week, the Centers for Medicare & Medicaid Services (CMS) announced that it would allow health plans under Medicare Part D (the Medicare prescription drug benefit) to cover Wegovy and other weight-loss medications if they receive… more
New Hampshire’s governor has signed into law the second state comprehensive privacy law of 2024. The law takes effect on January 1, 2025 – the same day as Iowa and Delaware (with New Jersey going into effect two weeks later). The law… more
On March 26, 2024, the Supreme Court heard arguments in the two consolidated cases concerning access to mifepristone pending before the Court, FDA v. Alliance for Hippocratic Medicine, Case No. 23-235 and Danco Laboratories, LLC v… more
1. Leasing provider liable for behavior of car dealership employees in court case relating to vehicle purchase option after end of leasing agreement - When a customer decides to lease a vehicle offline, the first point of contact is… more
On March 13, 2024, the Canadian Sustainability Standards Board (“CSSB”) released proposed Canadian sustainability disclosure standards (the “CSSB Standards”) that are modelled after the sustainability disclosure standards developed by… more
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Office of Management and Budget (“OMB”) released the highly-anticipated Secure Software Development Attestation Form (also known as the “Common… more
Workday breaks can go a long way to reduce employees’ stress and fatigue on the job while also improving overall job satisfaction and productivity. It important for New York State employers and employees to familiarize themselves with… more
The CTA and Legal Challenges - The CTA is a sweeping new anti-money-laundering law that, as of January 1, 2024, requires most entities formed or registered to do business in the United States to disclose detailed information… more
The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory employer-sponsored… more
GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set periods of time… more
Weaker deal flow and tighter profit margins are driving a wave of consolidation in the European non-performing loan servicer market - Europe’s non-performing loan (NPL) servicers—entities that collect payments and manage portfolios… more
Members from both parties in the House and Senate have introduced legislation in both houses (H.R. 7085 / S. 3558) to bar federal agencies from entering into: Contracts, loans, or grant agreements for biotechnology equipment or… more
The Dutch government recently announced its intention to build four new nuclear power plants by 2040, as part of its strategy to achieve climate neutrality by 2050 and reduce its dependence on natural gas imports… more
The Bankruptcy Code invalidates "ipso facto" clauses in executory contracts or unexpired leases that purport to modify or terminate the contract or lease (or the debtor's rights or obligations under the contract or lease) based solely… more
The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick. As a general rule, EU regulations do not apply extraterritorially. This policy is a bit pointed, intended to stand in sharp… more
On March 4, 2024, MethaneSat, a satellite developed by a subsidiary of the Environmental Defense Fund that will locate and quantify methane emissions from oil and gas operations, was launched into orbit. According to the MethaneSat… more
As we previously reported, on March 25, 2024, three consumer financial services industry trade groups filed a lawsuit in federal district court in Colorado challenging legislation recently adopted to opt out of rate exportation rights… more
Exciting times for hydrogen market participants in Germany – in the last months, a variety of new regulatory instruments and policy initiatives have been announced which will boost the ramp-up of the hydrogen economy in Germany… more
On March 14, 2024, Cornerstone Healthcare Group Management Services LLC (“Cornerstone Specialty Hospitals”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering… more
On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act of 1996… more
Picture a renowned winery in the heart of Napa Valley that has built its reputation on a trademark that connoisseurs associate with exceptional quality. This trademark, a symbol of years of hard work and dedication, represents the… more
Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die wesentlichen… more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court… more
In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law), rather… more
The California State Legislature is considering Assembly Bill (AB) 2216, a measure introduced by Assemblymember Matt Haney, that would force landlords to permit pets in residential rental properties. Specifically, the proposed… more
Nach der Zulassung von Krypto-ETF in den USA steht mit dem für Mitte April 2024 erwarteten Bitcoin-Halving demnächst ein weiteres Fundamental-Ereignis für die Krypto-Branche vor der Tür. Die Zulassung sogenannter Bitcoin-Spot ETF durch… more
On 30 January 2024, the Ministry of Women and Child Development released national minimum standards for crèches (daycare facilities). The standards (the ‘NMSPC’) provides a comprehensive framework for setting up and managing crèche… more
Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and allocate the… more
Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided panel of… more
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the Civilian Board… more
Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and arbitrators… more
On March 6, 2024, nearly two years after proposed rules were released, the Securities and Exchange Commission (“SEC”) adopted final rules to require public companies to disclose climate-related information in annual reports and in… more
On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the Confidentiality of… more
On March 18, 2024, the US Patent & Trademark Office (PTO) issued a memorandum to patent examiners addressing means-plus-function and step-plus-function claim limitations and how to clearly articulate, in the prosecution record, the… more
The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives… more
Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for purposes of… more
The Texas Health and Human Services Commission, on behalf of the Texas Department of State Health Services, recently announced that it was accepting public comments to the current rules governing consumer hemp products in the state… more
The US Patent & Trademark Office (PTO) Director vacated Final Written Decisions issued by the Patent Trial & Appeal Board that presented a sua sponte construction of a claim term in dispute, holding that the parties were not provided… more
U.S. Customs authorities impounded thousands of vehicles, showing risks to imports linked to forced labor. The U.S. government detained thousands of luxury vehicles deemed to contain a small electronic component sourced from UFLPA… more
On March 1, 2024, Judge Liles C. Burke of the Northern District of Alabama, Northeastern Division, ruled in U.S. v. Yellen that the Corporate Transparency Act (the “Act”) is unconstitutional. The federal district court found the Act… more
I am in the middle of premiering a new podcast series, Culture Crafters, on the Compliance Podcast Network. In this series, together with Sam Silverstein, we are taking a deep dive into corporate culture: how to measure it, assess it… more
On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The lawsuit alleges… more
Background - Telehealth utilization spiked during the COVID-19 pandemic, facilitated by state and federal policy change through the COVID-19 public health emergency (PHE) declaration. Use has tapered off from the height of the… more
The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code to incentivize the production of semiconductors and semiconductor manufacturing equipment in the United States. The credit is equal to 25… more
With the passage through Parliament of Bill C-34 on March 22, 2024, long contemplated changes to Canada’s foreign investment review regime are set to dramatically overhaul Canada’s FDI framework… more
On Feb. 22, the U.K. Law Commission launched a consultation on the Property (Digital Assets etc) Act 2024, a draft legislation that confirms the existence of a third category of personal property. Given the current model of… more
On March 12, 2024, Alamo Insurance Group (“Alamo”) filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party was able to access an employee’s email account. In this notice, Alamo… more
Even after a bankruptcy court has confirmed a chapter 11 plan, changed circumstances prior to the plan's implementation and "substantial consummation" might make alterations to the plan necessary. If a proposed change is significant… more
The IRS released additional guidance on March 22, 2024, in the form of Notice 2024-30 (Notice) regarding the energy community bonus credit under Sections 45, 48, 45Y and 48E of the Internal Revenue Code, which also is applicable for… more
The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States, marks the… more
European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent… more
Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small… 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 March 18-24. Here’s what’s happening… more
eDiscovery for the Rest of Us: Why Small Firm eDiscovery Matters
How to estimate how your performance will look under the new CRA
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
ESG Masterclass — Empowering Women and Girls in Sparking Lasting Change
Wiley's 10 Key Trade Developments: The CHIPS Act and Inflation Reduction Act (IRA)
Wiley's 10 Key Trade Developments: Evasion and Circumvention