Takeaways - Greater China companies operating in any industry can now obtain secondary listings in Hong Kong, provided they meet market capitalization minimums. Recent Listing Rules amendments also allow some companies with… more

When parties transact without a formal written contract, the risk of disputes regarding the terms of any alleged contract increases. Disputes may particularly arise where one party receives the benefits of the alleged contract while… more

In communications with other plan providers, clients, and potential clients, you have to be clear. There isn’t much room for miscommunication. When dealing with clients, miscommunications can lead plan sponsors to some huge mistakes… more

FinCEN has issued an advance notice of proposed rulemaking (ANPRM) to seek public comment regarding proposed regulations under the BSA to collect, report, and retain information on persons involved in certain real estate transactions… more

Takeaways - The widespread adoption of sustainability goals by major corporations has created significant demand for renewable power. That, in turn, is strengthening the hand of producers in negotiations over power purchase… more

In what may be one of the shortest decisions this term, the Supreme Court handed down a unanimous six-page opinion on January 24, 2022 in Hughes v. Northwestern University. Vacating the Seventh Circuit’s decision, the Court further… more

5 Banking Trends to Watch in 2022 - "Some of the narratives Banking Dive sees taking shape for 2022 — crypto, for example — are carryovers from last year, reaching a logical conclusion or forward motion. Others, such as the… more

The New York AG recently issued information about steps companies can take to protect against credential stuffing attacks, and how to handle them if they occur. The guidance makes up a majority of a larger AG report on credential… more

On January 24, 2022, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust… more

The Sierra Club, the Union of Concerned Scientists, and the National PFAS Contamination Coalition (a group comprised of thirty different environmental groups in seventeen states) filed a complaint in the United States District Court… more

Recent federal and state actions regarding per- and polyfluoroalkyl substances reflect further expansions to the scope and stringency of PFAS regulation. EPA’s proposal to designate certain PFAS as hazardous constituents under RCRA… more

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals with vision… more

Dondero v. Alvarez & Marsal CRF Management, LLC et al, Adv. Proc. 21-03051 (Bankr. N.D. – Tex., January 4, 2022) - Judge Stacey G.C. Jernigan - Introduction - Civil procedural issues are not the sexiest of topics, and… more

On January 20, the CFPB announced that it would begin examining the operations of post-secondary schools that offer private loans directly to students and update its exam procedures to include a new section on institutional student… more

On January 21, 2022, Georgia sued HHS over its withdrawal of the approval of the work requirement policy as a requirement for Medicaid eligibility in the Georgia Pathways to Coverage demonstration. As previously reported, in December… more

The Arizona Child Support Guidelines are updated every four years and the 2022 updated Guidelines took effect January 1, 2022. Below is a summary of the key changes that may impact all currently pending child support cases and new… more

Contractors in Maryland have available statutory remedies for non-payment. The Maryland Code contains a Prompt Pay Act (the “Act”). Md. Code Ann., Real Prop. § 9-301 et seq. (Repl. Vol. 2015 & Supp. 2021). The Act entitles a… more

This year – 2022 – may finally be the year that the effort to modernize safety standards in the U.S. for cosmetics and other personal care products, which has been ongoing since 2013, comes to fruition. If so, the new cosmetics law… more

Last week, the Consumer Financial Protection Bureau (CFPB) announced that it will examine colleges' in-house lending practices. According to the press release, the CFPB decided to examine institutional lenders because of the unique… more

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) issued a January 24th news release referencing two electrical vehicle charging stations funding programs. The programs will be initiated… more

If you really want to be released from your lease obligations and those of your assignee, you need to get a landlord release at the time of assignment. An assignor tenant’s lease obligations survive an otherwise permitted… more

On December 15, 2021, the Securities and Exchange Commission (SEC) voted 3-2 to approve proposed rules that, among other things, would add new Rule 10B-1 to require a prompt disclosure of large security-based swap (SBS) positions… more

In one of the first decisions to analyze fiduciary duty claims in the context of a special purpose acquisition company (SPAC) merger, the Delaware Chancery Court recently sustained the legal viability of a putative shareholder class… more

"Extend or pay" provisions are sometimes used in construction performance bonds and bank guarantees as a way of ensuring that performance security is provided for the period it is needed. Can a beneficiary be stopped from invoking an… more

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation covenants… more

The Prudential Regulatory Authority (PRA) published its final Policy (PS7/21) and Supervisory Statement (SS2/21) focusing on mitigating third-party supplier risk to the Financial institutions trading within the UK. In this blog we look… more

On January 18, the Supreme Court denied petitions for writs of certiorari from both Apple and Mylan Laboratories. Each company sought to challenge the NHK/Fintiv framework that was developed by the Patent Trial and Appeal Board (“the… more

Amid the crypto boom, mining has become an extremely lucrative venture for many and critical to maintaining decentralized cryptocurrency networks. It is no surprise then that mining has been subject to IRS scrutiny and enforcement. But… more

Economists and professionals in the restructuring sector of business and real estate have been anticipating a distressed economy for the past 18 months. Thus far they have been wrong… more

In November 2021, “[t]he United States House of Representatives passed the Infrastructure Investment and Jobs Act, a once-in-generation bipartisan infrastructure bill that will create millions of jobs, turn the climate crisis into an… more

Today, Governor Charlie Baker released his Fiscal Year 2023 (FY2023) budget recommendations. This is the unofficial start of “budget season” in Massachusetts that will culminate with a legislative conference committee agreeing on a… more

Pursuing and developing clean, renewable energy continues to play an important role in economic development momentum across the U.S. As states across the Southeast continue to grow their energy independence by prioritizing energy… more

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case… more

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) issued a December 27th Memorandum of Decision (“Decision”) addressing the impact of a Chapter 13 bankruptcy filing on the enforcement of a Connecticut Order… more

The SFDR and the Taxonomy Regulation: Key Developments and What Firms Can Expect in the Coming Year - Almost a year on from the date on which the European Union’s Sustainable Finance Disclosure Regulation (SFDR) came into force on… more

The federal government, led by the U.S. Department of Labor, is moving forward on implementing the provisions of President Biden’s Executive Order 14026, which was signed in April 2021. Most new federal government contracts or contract… more

2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well, amid… more

The traditional office environment is transforming. While necessity led to office employees performing their work remotely during the pandemic, long-standing perceptions of working in a traditional office setting have shifted, and many… more

Effective May 7, 2022, New York employers that electronically monitor their employees’ telephone, email, or internet access or usage will be required to provide their employees with written notice of such electronic monitoring upon… more

Given the dangers of third-party risk, it’s not surprising that so many organizations have developed supplier codes of conduct. Like everything else in compliance, though, the trick is in just having one, its in having the right… more

With an attendance of more than 190 world leaders, the long-awaited twenty-sixth Conference of the Parties (COP26) concluded with agreement on the Glasglow Climate Pact and the Paris Rulebook. Amid mixed views of whether COP26 was a… more

The National Institutes of Health has issued a request for information (RFI) on its Genomic Data Sharing (GDS) Policy to help ensure it keeps pace with the evolving genomic research landscape. The RFI will help inform modifications to… more

Updated First Office Action Estimator Tool Now Available - In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that an updated First Office Action Estimator online tool is now available… more

Three tips that will save you time in your next meeting, based on parliamentary procedure rules that Robert says small boards (and committees!) can ignore… more

The US Patent and Trademark Office is implementing a pilot program to allow participating applicants to defer responding to subject matter eligibility rejections until the earlier of a final disposition of the application, or a… more

In a highly anticipated decision, the Pennsylvania Supreme Court closed out 2021 by striking down Pennsylvania’s consent-by-registration statutory scheme that held that an out-of-state business consented to general personal… more

We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar. The following article highlights key takeaways from… more

With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their operations – and… more

Case Name: Biogen Int’l GMBH v. Mylan Pharms. Inc., 18 F.4th 1333 (Fed. Cir. 2021) (Circuit Judges O’Malley, Reyna, and Hughes presiding; Opinion by Reyna; Dissent by O’Malley) (Appeal from N.D.W.V., Keeley, J.)… more

European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate to… more

The Massachusetts Supreme Judicial Court on January 24 issued an important decision impacting commercial landlords’ potential exposure to liability for multiple damages under Chapter 93A in H1 Lincoln, Inc. vs. South Washington Street… more

Last year, the American Osteopathic Association informed more than 27,000 individuals that their sensitive personal, identifying and financial information was compromised in a data breach occurring as a result of a system breach. In… more

Extension of the Remote Work - New Legislation Enacted - Emergency Decree 115-2021, which was published on December 30, 2021, among other things modified Emergency Decree 026-2020 that regulates the “remote work regime,” which… more

The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to… more

Although a New York State Supreme Court judge just overturned the statewide mask mandate as unconstitutional, that decision was almost immediately paused by an Appellate Judge pending the results of the state’s appeal. Accordingly, New… more

One of the most significant provisions of the American Rescue Plan was the establishment of the $350 billion Coronavirus State and Local Fiscal Recovery Funds (SLFRF or Fiscal Recovery Funds)… more

The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay out the… more

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent decision to… more