DOJ recently announced a massive coordinated effort with other federal agencies to charge 345 defendants allegedly responsible for over $6 billion in fraud. DOJ, OIG, FBI, DEA, and various US Attorneys’ Offices in 51 federal districts… more

This chart tracks the date, drug, reference-listed company, and applicant of Abbreviated New Drug Applications and 505(b)(2) Applications receiving final approval by the FDA… more

The Paycheck Protection Program (PPP) created through the Coronavirus Aid, Relief, and Economic Security (CARES) Act offered much-needed financial relief to businesses directly impacted by the COVID-19 pandemic. Through the program… more

On October 14, 2020, Judge Alison J. Nathan of the United States District Court for the Southern District of New York dismissed with prejudice a putative class action asserting claims under the Securities Exchange Act of 1934 against a… more

The California Student Loan Servicing Act (the "CSLSA") requires all student loan servicers that service student loans in California to be licensed by the California Department of Financial Protection and Innovation (fka the Department… more

COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive… more

The German Federal Motor Transport Authority (KBA) and the Federal Office for Information Security (BSI) recently signed an administrative agreement for cross-departmental cooperation to facilitate and accelerate the safe development… more

On October 7, 2020, Gov. Greg Abbott signed Executive Order No. GA-32 (“Order”), relating to the continued response to the COVID-19 pandemic. The Order brought welcome news to bar owners and thirsty patrons across the state of Texas by… more

New York State has extended the moratorium on commercial evictions and foreclosures through January 1, 2021. Governor Andrew Cuomo’s Executive Order 202.70 extends the previous deadline of November 3, 2020, in order to “align with… more

On October 2, 2020, Health and Human Services (HHS) Secretary, Alex M. Azar II, announced the renewal of the public health emergency declaration due to the continued consequences of the COVID-19 pandemic. The 90-day renewal is… more

Earlier this month, the Wall Street Journal reported that the Department of Labor Office of Federal Contract Compliance Programs (OFCCP) launched probes of two large companies, challenging their diversity initiatives to increase the… more

As employers begin to require their employees to return to the workplace, they remain concerned about COVID-19-related litigation. Initially, many were concerned about an anticipated increase in lawsuits alleging that unsafe workplaces… more

A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the Computer… more

In an effort to slow the spread of COVID-19, California on Aug. 31 released the Blueprint for a Safer Economy, with revised criteria for loosening and tightening restrictions on business, health and recreational activities at the… more

New York State’s paid sick leave law somewhat quietly went into effect on September 30, 2020. At that time, the NYS Department of Labor had not issued any interpretative guidance for employers. Luckily, no employees are eligible to… more

Out-of-State Remote Work- •If a Colorado business has employees working remotely from other states, it can create legal and tax compliance issues that vary from state to state. Labor, employment, and some tax laws of the state where… more

The National Labor Relations Board (NLRB) was created in 1935 by the National Labor Relations Act (NLRA). It holds itself out as neutral and independent — a federal agency “where [most private sector] employees, employers and unions… more

A recent conversation with a colleague in California prompted me to write this. He said that as part of its back-to-school plan, his children’s elementary school district “highly encouraged” that all students be tested for COVID-19… more

Two recent lawsuits filed in the U.S. District Court for the District of Oregon illustrate that Oregon banks are none too pleased about HB 4204. This legislation, passed by the Oregon legislature in June 2020, prohibits residential and… more

The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O insurer was required to advance defense costs where coverage under a potentially responsive D&O policy had not yet been… more

As HR pivots to keep up with dramatic changes in the way we work, the structures and technology that undergird HR must change as well… more

The COVID-19 pandemic continues to be, first and foremost, a public health emergency of enormous proportions. The humanitarian cost to our communities, our country and the world is vast. As we work together to address the threat to… more

As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding training… more

In this article, we follow up on our overview of going private transactions (available here) by focusing on an important but often overlooked workstream in these deals. Companies are frequently privatized by a group of significant… more

Written by Nikku Khalifian Political campaigns remain prime targets during election season. And, despite a narrow interpretation of an ATDS by the Seventh Circuit, one District Court in Illinois found that the Plaintiff had plausibly… more

The OFCCP had a banner year (again). The Office of Federal Contract Compliance Programs touted its accomplishments for Fiscal Year 2020 (October 2019 – September 2020). According to the agency, it recovered $35.6 million for victims… more

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of… more

In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which… more

It’s not uncommon for businesses to develop forms of non-compete and non-solicit restrictions and then roll them out across most or all of the workforce. This is often done without giving sufficient thought as to whether using the same… more

California voters will decide on several important propositions in the upcoming November election, including three employment law issues that could have far-ranging implications for California employers and businesses..… more

On October 14, 2020, FinCEN posted an incorrect message on its Bank Secrecy Act (BSA) E-Filing website. The message incorrectly stated there was a new filing extension until December 31, 2020, for all filers of Reports of Foreign Bank… more

What You Need To Know: •The SEC’s updates to the regulatory framework for fund of funds arrangements will be helpful to registered investment companies. •Private funds will not be afforded additional flexibility to invest in… more

California's AB 992 Analyzed in PublicCEO by BB&K's HongDao Nguyen and Albert Maldonado - Clicking the “like” button has become second nature. Whether it’s a thumbs up, hug or sad face on Facebook, or a heart reaction on… more

The U.S. International Trade Commission (“ITC”) found on October 20, 2020 that glass containers from China do not injure the U.S. industry, and thus made a negative determination in the final phase of the antidumping duty (“AD”)… more

A Black employee complains to Human Resources that her supervisor has directed racial slurs at her. The supervisor is Black too. Is this a defense to liability for the employer under Title VII? Hardly. The Eighth Circuit considered… more

According to a new Quest Diagnostics Health Trends study published on October 8, 2020, the misuse of fentanyl, heroin and nonprescribed opioids has increased during the COVID-19 pandemic. The study analyzed more than 872,000… more

In this week’s episode, Myla Reizen and Jackie Hoffman discuss recent developments on the state and federal level related to the operation of long-term care facilities in light of the ongoing COVID-19 public health emergency. In… more

In the period following an adverse patient event, a hospital is likely to find itself facing two competing tensions—on the one hand, the desire to conduct a comprehensive analysis to determine the event’s cause and how best to avoid a… more

Do private equity funds engage in a trade or business?  If so, and if those trades and businesses are part of a controlled group as defined in ERISA, they could be liable for unfunded pension liabilities of their portfolio companies… more

Due to an agency error, the due date to file a 2019 Report of Foreign Bank & Financial Accounts (FBAR) has been extended to October 31, 2020. This due date has been extended from the original due date of October 15. On October 14… more

The CFPB recently issued a final rule that amends the Regulation Z ability to repay/qualified mortgage rule by extending the sunset date for the qualified mortgage (QM) based on a loan meeting certain product requirements and being… more

When the California Consumer Privacy Act (CCPA) enforcement period started on August 14, 2020, many companies expected that the final regulations were in place. In what turns out to be an "October Surprise" in the privacy compliance… more

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors is facing increased scrutiny from the American public, legislators and the plaintiffs’ bar. The… more

At the onset of the COVID-19 pandemic, Governor Ned Lamont declared a public health and civil preparedness emergency in Connecticut.  In connection with this declaration, Governor Lamont has issued numerous Executive Orders throughout… more

Today, I continue a multi-part exploration of one world’s largest anti-corruption enforcement actions, the J&F Investimentos SA (J&F) matter. It involved huge fines and penalties in both Brazil and the United States. In the US, the… more

*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated on October 19, 2020. 1. Alabama… more

There are cybersecurity lessons to be learned from high profile data breaches and the ensuing regulatory responses. The recent well-publicized Twitter hack is no different. According to the New York State Department of Financial… more

On October 14, 2020, Judge Alison J. Nathan of the United States District Court for the Southern District of New York dismissed with prejudice a putative class action asserting claims under the Securities Exchange Act of 1934 against a… more

In a recent decision, the Armed Services Board of Contract Appeals (ASBCA) reaffirmed that, even when a contractor prevails in a claim against the Government, attorneys' fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. §… more

Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s unique… more

Many families use GPS tracking applications every day for a number of reasons, from keeping track of kids on their way home from school to notifying each other when they expect to arrive somewhere, without the need for dangerous… more

State strategies for regulating air emissions during periods of startup, shutdown, and malfunction (SSM) have been a controversial topic in recent years. Air emissions can be higher during periods of SSM because emitting units are not… more

In the last several years, a growing number of states and municipalities have passed “ban the box” laws that to varying degrees prohibit employers from inquiring into a job applicant’s criminal background until later in the hiring… more

On October 21, 2020, the Federal Housing Finance Agency (FHFA) announced the extension of the purchase of loans in a COVID-19 forbearance by Fannie Mae and Freddie Mac through November 30, 2020… more

Seyfarth Synopsis: The Sacramento Board of Supervisors has joined many other California locales, including Los Angeles City and County, San Francisco, Oakland, and San Jose, in requiring employers to provide covid-related paid sick… more

The interview below is part of an ongoing effort by McGuireWoods to profile women leaders in private equity (PE).nTo recommend a woman for a future interview, email Amber Walsh at awalsh@mcguirewoods.com… more

On Nov. 10, 2020, the U.S. Supreme Court will hear oral arguments for California v. Texas, the case challenging the Affordable Care Act’s (ACA) constitutionality. This case centers on the ACA’s minimum essential coverage provision, the… more

Amending the Federal Rules, including the Federal Rules of Appellate Procedure, Federal Rules ‎of ‎Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Evidence, and ‎Federal Rules of Bankruptcy Procedure, generally… more