The Occupational Safety and Health Administration (OSHA) has amended its Hazard Communication Standard (HCS), 29 C.F.R. § 1910.1200, to align with Revision 7 (Rev. 7) of the United Nations’ Globally Harmonized System of Classification… more
The Financial Services Regulatory Authority of Ontario (FSRA) has published its final Guidance on Pension Plan Amendments effective June 4, 2024 (Amendment Guidance). The Amendment Guidance describes FSRA’s approach to the following..… more
In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user… more
On May 22, 2024, the First Circuit denied panel rehearing and rehearing en banc on its decision to uphold summary judgment in favor of Boston University. See Dutra v. Boston University, No. 23-1385, 96 F.4th 15 (1st Cir. Mar. 13… more
Nearly $10 million: that’s the average cost of a data breach in the United States. From direct costs related to investigations, litigation, and fines to indirect costs such as reputational damage, businesses have too much at stake to… more
The CFPB has finalized a rule establishing a registry of nonbank financial firms that are subject to enforcement orders for violating consumer protection laws. The agency expects the registry to be a valuable resource for state AGs and… more
What is a Series LLC? In 1996, Delaware was the first state to introduce and permit the formation of a Series LLC. A Series LLC is an entity structure that stands as an alternative to setting up multiple individual LLCs. Within a… more
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act… more
On May 30, 2024, the U.S. Supreme Court held in a unanimous decision that the preemption standard codified in section 1044 (12 U.S.C. § 25b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) requires courts to… more
In February, 2023, Novant Health and Community Health Systems (CHS) entered into an Asset Purchase Agreement pursuant to which Novant agreed to acquire Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric Hospital… more
On June 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a Circular warning companies that the inclusion of “unlawful” or “unenforceable” terms in a form contract constitutes a deceptive act or practice in violation of… more
On June 5, 2024, Solvay USA LLC (“Petitioner”, filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Vanillin from the People’s Republic of China. SCOPE OF THE INVESTIGATION - The following… more
I have reported in several prior blog posts the significant events impacting the newly enacted Washington state capital gains tax. The turbulent ride of this legislation continues!… more
May 2024 was another busy month for ESG regulation both in the UK, EU and internationally. In the UK, the anti-greenwashing rule came into effect on 31 May 2024, an update on the Sustainability Disclosure Requirements (SDR) confirmed… more
El 2 de junio se llevó a cabo el proceso electoral por el cual se definieron diversos cargos de elección popular, tales como Presidencia de la República, senadurías, diputaciones y gubernaturas estatales. De acuerdo con los datos… more
The electoral process in Mexico was carried out on June 2 and various popularly elected positions were selected, such as the Presidency of the Republic, senates, deputies and state governorships. According to the data presented by the… more
Utah AG Sean Reyes has filed a lawsuit against TikTok Inc. alleging that it violated state consumer protection laws by designing its livestream feature—TikTok LIVE—in a manner that facilitates the use of virtual currency for illegal… more
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan cover what managers need to know… more
On May 7, 2024, the Office of the National Cyber Director (ONCD) released the 2024 Report on the Cybersecurity Posture of the United States (the Report). The Report outlines the top trends of 2023, which include..… more
Recent Securities and Exchange Commission (SEC) enforcement action and statements by SEC officials show that the Commission remains focused on disclosures regarding cybersecurity incidents. On May 21, 2024, Erik Gerding, director of… more
In this episode, AGG Healthcare Litigation co-chair Jason Bring discusses the evolving landscape of agency deference with AGG Healthcare Litigation partner Brian Stimson. Brian explains the types of agency deference — including Chevron… more
Effective June 6, 2024, commercial leases in Washington for a fixed term of more than one year no longer need to be notarized. Substitute Senate Bill 5840 states that “Leases do not require acknowledgment, witness, or seals...” This is… more
2023/2024 Annual Returns Must Be Filed by July 6, 2024 - Companies operating employee equity incentive arrangements in the United Kingdom, including companies incorporated or registered outside of the United Kingdom, are mandated to… more
The line between a direct and derivative action is often indistinct and hence the object of controversy. In 2017, the Nevada Supreme Court held that a class action lawsuit should be dismissed for failure to plead a direct rather… more
An interview with Rick Frenkel, Partner at Latham by Richard Hsu… more
The Practical Privacy Workshop is a half day continuing education event designed to keep you informed on important topics, trends, and best practices in the world of data privacy. Join us for breakfast, presentations that will level up… more
This episode is sponsored by KPMG. More resources from KPMG:Transferable Tax Credits, Energy, & Chemicals. It's tax season, so it's time to once again hear from Lauren Collins, a partner at the law firm of Vinson & Elkins. Lauren has… more
In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when insurers… more
In May, Santander Bank faced a significant cybersecurity breach that affected millions of its customers and employees worldwide. The hacking group ShinyHunters claimed responsibility for the attack, which also targeted Ticketmaster… more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of May 27-June 2. Here’s what’s happening… more
For years, Department of Justice officials have stressed how important chief compliance officers are as the first line of defense in fighting corporate crimes. While that’s true, compliance programs now have a competitor in the DOJ… more
Introduction: Hidden Challenges of Energy Transition - The evolution of energy transition in the United States has been driven, historically, by advances in new technology, fuel availability, fuel pricing, and, probably most… more
In this special episode of ‘From the Editor’s Desk,’ host Tom Fox interviews Kyle Brasseur, who recently announced his retirement from Compliance Week, where he served as Editor-in-Chief. Kyle shares his journey from working in sports… more
What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s… more
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the… more
Credit goes to the City of Miami staff for becoming among, if not the first Florida municipality, to publish their updated interpretation and guidelines for Live Local Act 2024 (SB328). With the new clarifications generally, things are… more
America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing to… more
Having immersed themselves in an array of deep dive demonstrations of new Generative AI (GenAI) products for eDiscovery displayed during Legal Technology events in London and New York, Chantelle Jalland and Marybeth Kings reflect on… more
A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest installment to cast concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely fail… more
A case on appeal to the U.S. Supreme Court from the South Dakota Supreme Court should be on your watch list. It involves Ellingson Drainage, Inc., a general contractor headquartered in Minnesota that specializes in installing drain… more
The Inflation Reduction Act (“IRA”) gave the federal government new authority to “tackle” the problem of methane emissions. On May 6, 2024, the United States Environmental Protection Agency (“EPA”) issued final revisions to the methane… more
LKQ Corp.1 v. GM Global Tech. Operations LLC, No. 21-2348 (Fed. Cir. May 21, 2024) - On May 21, 2024, the Federal Circuit overruled its long-standing Rosen-Durling obviousness test for design patents and replaced it with the more… more
Intell. Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) On May 1, the Federal Circuit reversed a district court’s dismissal of Intellectual Tech’s (“IT’s”) patent infringement claims against Zebra Technologies… more
When your business receives an audit engagement letter, don’t panic. While an audit may be time-consuming, costly, and invasive, having an experienced advocate on your side to navigate you through the process and represent your… more
Correspondence between the SEC Staff and an ESG-focused ETF sponsor shows that we are still struggling to define “Sustainable” and “ESG” for purposes of securities filings… more
In a 3-0 decision issued today, June 5, 2024, the Fifth Circuit Court of Appeals (the “Court”) vacated the new private funds rule adopted by the Securities and Exchange Commission (the “SEC”) on August 23, 2023 (the “Rule”). The Court… more
At last week’s America’s Physician Group Spring conference in San Diego, California, our team heard firsthand how physicians are leading efforts to integrate Artificial Intelligence (AI) applications in ambulatory and inpatient… more
The Department of Labor's (DOL) May 16, 2024 guidance, Artificial Intelligence and Worker Well-Being: Principles for Developers and Employers, published in response to the mandates of Executive Order 14110 (EO 14110) (Executive Order… more
What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also make… more
Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and treatment for… more
A new Department of Labor (DOL) Overtime Rule (2024 OT Rule) which raises the salary threshold for white-collar exemptions scheduled to go into effect on July 1, 2024 is facing legal challenges. On May 22, 2024, several business… more
In May 2024, the Bipartisan Senate AI Working Group released a roadmap to guide artificial intelligence (AI) policy in several sectors of the US economy, including intellectual property (IP)..… more
On May 31, 2024, the Delaware Court of Chancery issued an important decision addressing several key areas of Delaware law related to merger litigation. The opinion indicates that the court will continue to closely scrutinize potential… more
Distressed businesses are often compared to melting ice cubes or an aircraft in rapid descent. The goal for a distressed business is to get to a transaction before the ice cube melts or the aircraft and ground meet at an… more
The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a provision in… more
In February 2024, we published an alert discussing the significant benefits of prompt self-reporting and cooperation during a US Securities and Exchange Commission ("SEC") investigation. This past week, during his keynote address at… more
In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political… more
Another Three-for Thursday at the Supreme Court, with none of the decisions a landmark but each of utmost relevance to legal specialists and technicians in the fields of bankruptcy, estate taxation, and Indian affairs… more
