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PilieroMazza PLLC

SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe

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On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on...more

MoginRubin LLP

Companies Tend to Abandon or Restructure Deals Rather Than Fight the Feds, Agencies Report

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Government credits HSR pre-merger notification program with halting anticompetitive deals. Companies planning mergers and acquisitions tend to avoid challenging the Federal Trade Commission and the Department of Justice’s...more

Katten Muchin Rosenman LLP

No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing Trademark Suits on Paid Search - Kattison Avenue |...

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking,...more

Cozen O'Connor

Connecticut’s $39 Million Award a Bitter Bill for Pharmacy to Swallow

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Connecticut AG William Tong obtained a judgment in his favor in his office’s lawsuit against Assured Rx, LLC (“Assured”), which alleged that the pharmacy engaged in a kickback scheme in violation of state false claims and...more

Gray Reed

How to Haunt the IRS: Daugerdas v. Commissioner

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In a bench opinion dated September 27, 2024, the Tax Court sustained a Notice of Federal Tax Lien but not the proposed levy against Daugerdas, a convicted tax shelter promoter in home confinement in Illinois....more

Alston & Bird

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

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On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more

Bradley Arant Boult Cummings LLP

Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue

I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 19

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Kelley Drye & Warren LLP

How Elon Musk’s $1 Million Election Sweepstakes May Affect Other Sweepstakes

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Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court - October 2024

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The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Civil Remedies are Available Under the Defend Trade Secrets Act?

The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Moritt Hock & Hamroff LLP

FTC’s Final ‘Click to Cancel’ Rule on Negative Option Programs: What You Need to Know

On October 16, 2024, the Federal Trade Commission (FTC) announced its Final Rule revising its Negative Option Rule, now known as the Rule Concerning Recurring Subscriptions and Other Negative Option Programs (the Rule). The...more

Mintz - Privacy & Cybersecurity Viewpoints

Consumer Privacy Laws are Taking Effect Across the Nation – Are You Ready?

Comprehensive consumer privacy laws continue to hit the desks of governors in states across the country, with nineteen state laws now on the books. Since we wrote our 2023 Round-Up on State Consumer Data Privacy Laws article...more

Goldberg Segalla

Debtor’s Motion for Preliminary Injunction Granted

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Jurisdiction: United States Bankruptcy Court for the District of New Jersey - Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey....more

Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

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For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Bond Schoeneck & King PLLC

Revamping Your Cybersecurity Policies and Procedures: Tips and Tricks

As each year passes and technology advances, businesses face an increasingly difficult task to maintain adequate security measures to protect their organizations’ assets and data. With this in mind, it is important to review...more

McGuireWoods LLP

SEC Settles Charges for Alleged Misleading Disclosures, Shedding Light on Materiality in Cyber Context

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On Oct. 22, 2024, the Securities and Exchange Commission (SEC) announced settled charges against four current and former public companies, Unisys, Avaya Holdings, Check Point Software Technologies and Mimecast, for allegedly...more

Littler

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

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On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were...more

Foley & Lardner LLP

BEWARE: Compensating Employees With Equity Alone Likely Violates the Fair Labor Standards Act

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Share on Twitter Print Share by Email Share Back to top In recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation,...more

Harris Beach PLLC

New York Delays Separating Consent to Treat and Consent to Pay for Health Care

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The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the...more

Greenberg Glusker LLP

Your Online Business Could Be the Next Target for Costly Data Privacy Lawsuits

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If your business operates online and uses common marketing tools, your business is at risk of being targeted for lawsuits under pre-internet wiretapping and video rental privacy laws. It is critical to address and mitigate...more

McDonnell Boehnen Hulbert & Berghoff LLP

Vascular Solutions LLC v. Medtronic, Inc. (Fed. Cir. 2024)

The metes and bounds of how courts should consider indefiniteness under 35 U.S.C. § 112(b) were addressed most recently by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898 (2014).  Regardless,...more

Smart & Biggar

Evolving pharmacy landscape signals more stringent regulatory scrutiny of “patient steering”

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The pharmacy landscape has evolved considerably over the past year, shining a spotlight on pharmacy “patient steering”, the practice of directing patients to certain preferred pharmacies. Though Quebec has long required that...more

EDRM - Electronic Discovery Reference Model

Implications of the €310 Million LinkedIn Fine for GDPR Compliance

ComplexDiscovery’s Editor’s Note: This recent €310 million fine imposed on LinkedIn by Ireland’s Data Protection Commission (DPC) marks a powerful moment in GDPR enforcement, underlining the regulatory rigor facing global...more

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