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NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Long-Awaited Executive Order on Outbound Investment Issued: Regulatory Comment Process Commences in Advance of Implementation of...

On August 9, 2023, President Biden issued an Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern. The new Executive Order (EO) is the...more

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks. The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more

New DOJ Clawback Policy Brings Compensation and Employment Questions Front and Center for Companies

Can a new Department of Justice enforcement approach make clawback policies covering criminal activities a best practice? The DOJ is implementing a new policy under which prosecutors will make clawback policies for...more

CHIPS Act Funds Start to Flow

First funding opportunity announced for commercial front-end and back-end semiconductor fabrication facilities. On February 28, 2023, the first funding opportunity opened under the Creating Helpful Incentives to Produce...more

EPA Launches Initiative to Replace Lead Pipes in Underserved Communities

The Biden-Harris Administration is poised to work with states to make significant investments in replacing lead pipes across the country. Environmental Protection Agency (EPA) to make awards to state agencies to remove...more

Businesses Should Consider the SAFETY Act a Core Part of Their Ransomware Defense Program

The SAFETY Act, a liability management program managed by the Department of Homeland Security, can be used by businesses to limit or eliminate potential liability associated with ransomware attacks. To take advantage of...more

The Infrastructure and Investment Jobs Act (IIJA): An Anniversary Report

On the one-year anniversary of its signing, the implementation of the IIJA remains a heavy lift for the federal agencies charged with carrying out its requirements. Key Notices of Funding Opportunity (NOFOs) have been...more

DHS to Boost State and Local Cybersecurity Programs with $1 Billion in Grant Funding

The grant program will be authorized and appropriated through the Infrastructure Investment and Jobs Act. The State and Local Cybersecurity Grant Program will provide a “first-of-its-kind” investment to state, local and...more

Historic Inflation Reduction Act of 2022 Passes Senate, Awaits House Approval

Once signed into law, the Inflation Reduction Act of 2022 will make historic investments in clean energy and significant reforms to tax policies. The Senate passed the Inflation Reduction Act on August 7, 2022, after...more

Historic $280 Billion Investment in Domestic Semiconductor Manufacturing and STEM Research and Development to Be Signed into Law

The legislation is the result of months of negotiations between Congressional Democrats and Republicans to support domestic semiconductor manufacturing and related research and workforce development efforts. The topline...more

Increasing Markets for Sports Betting Could Lead to Cybersecurity and Data Privacy Risks for Companies and Consumers

Providers of sports betting services must ensure that their cybersecurity protocols and data privacy policies adequately protect their systems and users. Since the Supreme Court struck down the federal ban on sports gambling...more

New York to Require Crypto Companies to Pay Assessment Fees

New York will for the first time require companies that hold a BitLicense to pay annual assessment fees. The new fee will increase the already high cost of obtaining a BitLicense and operating a crypto business in New...more

DOE Set to Accelerate Clean Hydrogen Technologies

The Department of Energy has released two Requests for Information soliciting feedback and recommendations on the $9.5 billion-dollar clean hydrogen programs established by the Infrastructure Investment and Jobs Act. The...more

Opportunities for Higher Education in $1.2 Trillion Infrastructure Law

The new infrastructure law includes key opportunities for institutions of higher education, including through new grant programs and opportunities to partner on research and pilot projects. Rural institutions of higher...more

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