While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin Novant’s… more
Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will… more
Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a transaction… more
This alert has been updated to address the May 2024 announcement by Turkey of its suspension of exports and imports with Israel and the impact for United States antiboycott compliance… more
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI… more
The Supreme Court of the United States issued three decisions today: Becerra v. San Carlos Apache Tribe, No. 23-250: This case concerns the funding the Indian Health Service (“IHS”) must provide to Indian tribes that have entered… more
At long last, the "sole purpose" argument used by trial courts and plaintiffs' attorneys was soundly rejected in a recent decision issued by the 11th Circuit Court of Appeals, In Re: BayCare Medical Group, No. 23-12571, May 14, 2024… more
We have written extensively on the recent rollout by EPA and the implications of PFAS requirements for monitoring and treatment by publicly owned water and wastewater (“WWTP”) treatment plants, including those operated as… more
The emphasis on having clean, correct and up-to-date data in law firms has increased as more firms leverage client information to drive business decisions. This sentiment is shared across multiple industries, as 95% of U.S. business… more
As I wrote about earlier, the Equal Employment Opportunity Commission (EEOC) issued new guidance on protecting LGBTQ+ workers as well as addressing pregnancy-related harassment, religious expression, and virtual harassment. It is… more
What Happened? In May 2024, the Financial Stability Oversight Council (FSOC or Council) issued a Report on Nonbank Mortgage Servicing (the Report). The Report recognizes the strengths of nonbank mortgage companies (NMCs) and the… more
Discussions around name, image and likeness (NIL) rights have largely revolved around the rights of college athletes to profit from the use of their NIL. As the profitability of these NIL deals continues to climb, advertisers and… more
The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes that… more
The rejection of agreements under 11 U.S.C. § 365 isn’t always as straightforward as you might think. In an opinion issued in In re Empower Cent. Michigan, Inc., No. 23-31281-JDA, 2024 WL 1848504, (Bankr. E.D. Mich. Apr. 26, 2024)… more
A federal court in New York recently granted a motion to dismiss for lack of personal jurisdiction in an action asserting claims that franchisor Hyatt Corporation acted with negligence in connection with assaults to guests that… more
In 2015, a policy framework on the margin requirements for non-centrally cleared over-the-counter derivatives (OTC Derivatives) transactions was published by the Basel Committee on Banking Supervision and the International Organization… more
From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to their… more
On June 5th, 2024, the United States Court of Appeals for the Fifth Circuit (the “Court”) vacated the U.S. Securities and Exchange Commission’s (“SEC’s”) private fund advisers rules (the "Rules"), which would have imposed additional… more
Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the previous… more
In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication technology, the… more
On May 24, 2024, the Office of the Information and Privacy Commissioner of Canada (OPC) issued new guidance relating to data breach reporting for federal institutions and businesses… more
More than 350 leaders from child protection NGOs, victim advocacy groups, research organisations, technology providers, domestic and international police forces, and advisors convened in London last month to tackle the global challenge… more
On 31 May 2024, a new Belgian law was published transposing the EU Collective Redress Directive into national law. The new Belgian law does not introduce an entirely new framework to allow so-called class actions as, unlike many… more
The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy Act were… more
The EU Taxonomy Regulation (the "Regulation") is a highly complex piece of legislation which sets out a classification framework in order to determine whether an economic activity carried out by an undertaking is environmentally… more
In the Matter of Gulf Investment Corporation et al v The Port Fund LP et al (“Gulf Investment”) and the earlier judgment of Dorsey Ventures Limited v XIO GP Limited (“Dorsey Ventures”), the Cayman Islands Grand Court provided some… more
In this second installment of our nine-part deep-dive into the U.S. Food & Drug Administration (“FDA” or “the Agency”) final rule on Laboratory Developed Tests (“LDTs”) – which established a staged plan that will phase out the Agency’s… more
In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This decision represents a pivotal change in… more
In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts, ruling that… more
When last we wrote about registration under California’s new online charitable solicitation law (CA AB 488), we let you know that final regulations were issued on March 26, 2024, and registration under the new law would be effective on… more
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of May 27, 2024 – May 31, 2024… more
El Plan de Pensiones de Malta ha captado la atención tanto de contribuyentes americanos como del IRS debido a sus atractivos beneficios fiscales. Diversos contribuyentes aprovecharon las ventajas fiscales que ofrecía el Tratado para… more
In Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals, Inc. 2023-1952 (Fed. Cir. April 11, 2024), this case involves appellate review of a district court’s findings regarding patent obviousness and infringement in Hatch-Waxman… more
On June 5, 2024, The United States Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated new rules applicable to advisers to private funds1 recently enacted by the Securities and Exchange Commission (SEC). These rules, as… more
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using… more
On June 3, 2024, the European Data Protection Supervisor (EDPS) published guidelines on generative Artificial Intelligence (AI) and personal data for European Union (EU) institutions, bodies and agencies. The guidelines aim to help… more
House Oversight Subcommittee Hearing with Fauci. The hearing aimed to gather more information on the response to the COVID-19 pandemic by Anthony Fauci, MD, former National Institute of Allergy and Infectious Diseases director… more
On June 6, 2024, the U.S. Supreme Court decided Truck Insurance Exchange v. Kaiser Gyspum Co., Inc., et al., No. 22-1079, holding that insurers with financial responsibility for bankruptcy claims are “parties in interest” under 11… more
Summer is travel season, and whether you are traveling this summer to obtain a visa, or are traveling with a valid visa, there is a lot to keep in mind. From knowing the right documents to carry to making sure to schedule your… more
Le 17 mai 2024, l’honorable Dennis Galiatsatos, juge de la Cour du Québec, a rendu un jugement sur l’applicabilité et la validité constitutionnelles de l’article 10 de la Charte de la langue française (la « Charte ») en matière… more
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as “surcharge” falls under ERISA’s equitable remedies provision. Surcharge, in simple… more
In the early hours of Thursday, June 6, Philadelphia City Council advanced Mayor Cherelle Parker’s proposed $6.37 billion FY25 Budget. The budget prioritizes public safety and quality-of-life improvement without raising taxes. The… more
Yesterday, Senator Bill Dodd, D-Napa, introduced Senate Bill 1524 which would keep restaurant fees legal so long as they present additional fees “clearly and conspicuously.” This bill would amend Senate Bill 478, detailed here, set to… more
The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive ban on… more
Yesterday, a three-judge panel of the United States Court of Appeals for the Fifth Circuit unanimously vacated the Private Fund Adviser Rules adopted by the Securities and Exchange Commission (which we previously summarized) in their… more
On May 30, the U.S. District Court for the Southern District of New York granted New York University’s (NYU) motion to dismiss in a lawsuit[1] from a first-year law student claiming that NYU School of Law’s process for selecting… more
The Global Markets Advisory Committee (“GMAC”) of the U.S. Commodity Futures Trading Commission (“CFTC”) issued on June 4, 2024, a report on cleared derivatives and recommendations for non-cleared derivatives that will be of interest… more
Welcome to the June issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian competition… more
The Maine Department of Labor announced proposed rulemaking on May 20, 2024, to implement the upcoming Maine Paid Family and Medical Leave Program. Maine DOL’s rulemaking has been expected following the Maine Legislature’s passage of… more
On June 6, 2024, the Supreme Court decided Becerra v. San Carlos Apache Tribe, No. 23-250, holding that the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service… more
As noted in our previous alert on January 22, 2024, the New York LLC Transparency Act (NYLTA) represents a pivotal step in New York State’s regulatory landscape, aligning closely with the federal Corporate Transparency Act (CTA). At… more
On May 24, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (MCDPA), which will go into effect on July 31, 2025. The law applies to entities that within a calendar year: (1) control or process… more
Commercial insurance pricing trends in the first quarter of 2024 followed many of the same patterns as last year. Insurance buyers can still expect competitive premiums in D&O and Cyber despite several insurers publicly saying they are… more
Vermont Governor Phil Scott signed H.704 on June 4, 2024, mandating pay transparency in job postings and advertisements. Effective July 1, 2025, employers with at least five employees must include in any “Vermont job opening”… more
On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132, (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer violated the… more
On September 30, 2022, FinCEN published the Ultimate Beneficial Ownership (UBO) Reporting Rule (the Rule), which implements reporting requirements regarding Beneficial Ownership Information (BOI) under the Corporate Transparency Act… more
In Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024), the plaintiff sued her former employer on behalf of other employees but not in her individual capacity (that is, she brought only a representative PAGA claim… more
Texas AG Ken Paxton has launched an initiative focused on “aggressive enforcement of Texas privacy laws,” and tasked a large team within the office’s Consumer Protection Division with ramping up enforcement of the state’s Data Privacy… more
