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K&L Gates LLP

The Wait Is Over: Revised CMS Enrollment Form Puts SNF Ownership and Management Under a Microscope

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With the release of an updated CMS-855A enrollment form (855A), skilled nursing facilities (SNFs) will be required to identify substantially more detailed ownership and control information to Centers for Medicare and Medicaid...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Maintains Patent Bar Requirement to Serve as Lead PTAB Counsel

The U.S. Patent & Trademark Office (USPTO) published a final rule on October 10, 2024, that reaffirms that only members of the patent bar may serve as lead counsel in AIA proceedings before the Patent Trial and Appeal Board...more

White & Case LLP

Finally, the Final HSR Rules: Key Takeaways for the New HSR Pre-Merger Notification Form

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On October 10, 2024, the US Federal Trade Commission (“FTC”) finalized significant updates to the Hart-Scott-Rodino (“HSR”) Form and Instructions (“New HSR Rules”).   While not as broad as initially proposed last year, the...more

Gray Reed

Texas Railroad Commission’s Denial of MIPA Forced-Pooling Affirmed

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If you follow the Texas Railroad Commission closely, you should read Ammonite Oil & Gas v. Railroad Commission of Texas, in which the Supreme Court rejected a mineral owner’s effort to force pool an interest under the Mineral...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

McDermott Will & Emery

End of an Era: PTO Terminates AFCP 2.0 Amid Fee Concerns

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The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. Launched in 2013, AFCP 2.0 aimed to streamline the patent examination...more

Mayer Brown

Hong Kong Proposes the Introduction of a Legal Framework for Regulating Critical Infrastructures

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INTRODUCTION - The acceleration of the rate of cyber-attacks against companies in Hong Kong in the last year or so (with over 60 notifications of such attacks being received by the Office of the Privacy Commissioner of...more

DLA Piper

FDA Outlines Its Proposed Process for Post-market Assessment of Chemicals in Food

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At a public meeting on September 25, 2024, FDA discussed its proposed process for post-market assessment of chemicals in food. Deputy Commissioner Jim Jones opened the meeting to emphasize that food chemical safety is a top...more

Baker Donelson

Zafirov Decision: A Turning Point or Just Another Chapter in Qui Tam?

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A tool long-favored by the plaintiffs' bar to extract big judgments and settlements from individuals and companies – the False Claims Act (FCA) – which allows individual whistleblowers to pursue alleged civil wrongdoers in...more

Buckingham, Doolittle & Burroughs, LLC

Upcoming Deadline for Beneficial Ownership Information Reports Under the Corporate Transparency Act (CTA)

Effective January 1, 2024, the Corporate Transparency Act (the “Act”) requires many U.S. businesses to disclose information regarding their beneficial owners. Failure to comply with the Act can result in significant civil and...more

Fox Rothschild LLP

CMS to Require All Skilled Nursing Facilities to Complete Off-Cycle Revalidation

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The Centers for Medicare & Medicaid Services (CMS) recently announced it will require off-cycle revalidation of skilled nursing facilities (SNFs) through the end of 2024. During this process, CMS will collect ownership,...more

Wiley Rein LLP

DOJ’s Corporate Whistleblower Pilot Program Hits the Ground Running: Is Your Compliance Program Ready?

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The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more

Seyfarth Shaw LLP

FinCEN's October 2024 Beneficial Ownership Information FAQ Update

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On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting...more

Quarles & Brady LLP

Happy Halloween: RIP to the HIPAA Privacy Rule?

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As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more

Wiley Rein LLP

New DOD Rules on Contractor Reporting and Mitigating Foreign Ownership, Control or Influence for Unclassified Contracts

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As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Approve Initial Helene Relief Package

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Legislators returned to Raleigh on Wednesday and passed a disaster relief bill (H 149) primarily focused on Hurricane Helene damage. Legislators indicated they expect to return to Raleigh on October 24 and may consider...more

Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

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Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

Seyfarth Shaw LLP

Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law - Seyfarth's Future of...

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The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement...more

Quarles & Brady LLP

FDA Issues Broad Exemptions from DSCSA Enhanced Drug Distribution Security Requirements

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On October 9, 2024, the Food and Drug Administration (“FDA”) issued a document that provides exemptions to the enhanced drug distribution security requirements (enhanced requirements) required by section 582(g) of the Food,...more

Ward and Smith, P.A.

North Carolina Passes First Helene Emergency Relief Legislation

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The House and Senate passed the legislation unanimously yesterday afternoon, and Governor Cooper moved quickly to sign the bill into law this morning, making the bill effective today, October 10, 2024. House Bill 149...more

Seyfarth Shaw LLP

Marvel and DC Lose “Super Hero” Trademark Registration

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The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

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On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 2024

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The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,...more

McDermott+

CMMI’s Accountable Care Strategy: A Perspective

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McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. Click here to subscribe to future blog posts. October 10, 2024 – For several years, the Center for Medicare & Medicaid...more

Foley Hoag LLP - Cannabis and the Law

New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike

As we discussed during a recent webinar, the new emergency regulations would disrupt the existing hemp market in California and effectively ban the production and sale of all intoxicating hemp products in the state. ...more

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