Akerman LLP

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Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States
Phone: 305.374.5600
Fax: 305.374.5095
Practice Groups
Areas Of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys
400+ Attorneys

Episode 37: How To Provide Meaningful Employment Training (…and Also Comply With NYC Law)

Matt welcomes long-time Akerman colleague and friend Samantha Abeysekera to discuss the “Stop Sexual Harassment In NYC Act” and whether other jurisdictions will adopt similar legislation mandating sex harassment training. Matt…more

Employee Training, Harassment, Hiring & Firing, Sexual Harassment

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USCIS Fee Increases Are Imminent: The Concurrent Adjustment Clock is Ticking for Indian and Chinese Investors

Thanks to a final rule recently announced by the U.S. Citizenship and Immigration Services (USCIS), filing fees are about to increase on April 1, 2024, and filers who fail to make haste will end up paying more, or risk…more

EB-5, Filing Fees, Foreign Investment, Foreign Workers, H-1B

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Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International Corruption Matters

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls…more

Anti-Corruption, Biden Administration, Compliance Management Systems, Criminal Prosecution, Department of Justice (DOJ)

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Cuba Policy Under Biden: Change on the Horizon?

After four years of Trump Administration efforts to increase sanctions on Cuba and reverse Obama-era efforts to normalize bilateral ties, the Biden White House last Thursday announced its own plans to review Cuba policy and…more

Biden Administration, Cuba, Economic Sanctions, Foreign Policy, Regulatory Reform

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Supreme Court Holds That Pure Omissions Do Not Support Section 10(b) Claims in Macquarie Infrastructure Corp. v. Moab Partners, L.P.

On April 12, 2024, the U.S. Supreme Court limited an issuer's liability for securities fraud claims based on alleged omissions in SEC filings. The Court's unanimous decision in Macquarie Infrastructure Corp. et al v. Moab…more

Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Misleading Statements, Omissions, Regulation S-K

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Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on…more

CFIUS, Civil Monetary Penalty, Export Controls, Foreign Investment, National Security

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Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits

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Justice Department Refines Policy for Clean Water Act Enforcement

This week, the Justice Department has memorialized a policy that will give the states primacy in enforcement of Clean Water Act civil cases. On July 27, 2020, the U.S. Department of Justice Environment & Natural Resources…more

Clean Water Act, Department of Justice (DOJ), Deregulation, Environmental Policies, Regulatory Reform

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Florida Live Local Act

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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The Supreme Court Curbs Excessive Disgorgement Awards in SEC Civil Enforcement Actions

On June 22, 2020, the U.S. Supreme Court in Liu v. Securities and Exchange Commission, ruled that the U.S. Securities and Exchange Commission (SEC) can seek the remedy of disgorgement in civil enforcement proceedings for…more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

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Employers Must Report Pay Data and Hours Worked

Employers with 100 or more employees must report pay data and hours worked by race, sex, and ethnicity for employees in each of 10 job categories as a result of a recent court ruling. The data for 2017 and 2018 payrolls must be…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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CARES Act Considerations for Small and Mid-Size Trade Contractors

CARES Act Objectives - The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was signed into law on March 27, 2020, with the intent of helping American individuals and businesses navigate the crisis caused by…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Discrimination, Gender Identity

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Middle Market Private Equity

Deal Flow, Purchase Price Multiples, Exit Activity and Fundraising - Transaction metrics for 2017 and the first quarter of 2018 for the overall U.S. middle market for buyouts and the subsector of sub-$1B funds require…more

Buyouts, Family Businesses, Investment, Investors, Private Equity

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South Florida Shutters its Boat Ramps, Launches, and Marinas Amid Covid-19 Concerns

As the world, the United States, and specific municipalities continue to do all they can to prevent the further spread of the novel coronavirus, COVID-19, some South Florida counties have shuttered their boat ramps, launches,…more

Business Closures, Coronavirus/COVID-19, Fishing Industry, Florida, Marinas

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Alert: The 2022 EEO-1 Collection Period Will Begin October 31

EEO-1 reporting season will soon be upon us. As we previously wrote, the 2022 EEO-1 reporting deadline has been a moving target. Almost since its founding in the 1960’s, the Equal Employment Opportunity Commission (EEOC) has…more

Civil Rights Act, Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Florida Restaurants Win Big with Permanent Mixed-Drinks To-Go

It’s official! On July 1, 2021, restaurants in Florida will be able to sell alcoholic beverages, including mixed cocktails, to-go and for delivery permanently…more

Florida, Hospitality Industry, Liquor, Liquor Licences, New Legislation

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Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of…more

Anti-Discrimination Policies, Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Florida Live Local Act

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

Summary of Tax Provisions in the Consolidated Appropriations Act, 2021

On December 27, 2020, President Trump signed the new $900 billion stimulus package – the Consolidated Appropriations Act, 2021 (the CAA), which, among other things, advances legislation intended to provide additional help for…more

Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention

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California is Spooky—California’s Recently Enacted Laws Provide Further Fright (aka Legal Obligations) to California Employers

Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of…more

California, Employer Liability Issues, Paid Time Off (PTO), Pay Transparency, Reproductive Discrimination

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OSHA Encourages Employers to Mandate Vaccines or Regular Testing

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August 13,…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, Foreign Corrupt Practices Act (FCPA), Foreign Jurisdictions, White Collar Crimes

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Update: The DOL’s New Overtime Rule is Officially in the Pipeline

Following up on our previous blog post about the DOL’s Proposed Rule raising minimum salary thresholds for exempt workers, we are now getting closer to game time. The DOL recently submitted a proposed Final Rule through the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Considerations for Office Landlords and Tenants in a Post-Pandemic Climate

It's not news that the office buildings in most big cities have been under stress as a result of the pandemic. Due to increases in remote work, when leases roll, many tenants are either not renewing or they are taking less…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Office Space

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

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Florida Employers Using Biometric Time-Keeping May Face New Risks

The Florida legislature is considering a bill regulating the biometric data employers collect from their workforces. The new bill mirrors the Illinois Biometric Information Privacy Act (BIPA), which has led to hundreds of class…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints, Personally Identifiable Information

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NY Employers: Note New NY COVID-19 Guidance

With the COVID-19 landscape in New York changing rapidly, employers may be understandably confused about what rules to abide by when it comes to things like masks, social distancing, and safety protocols. Significant changes may…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Masks

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DOJ’s New Compliance Program Guidance Creates A New Dilemma For Companies

On April 30, 2019, the U.S. Justice Department’s Criminal Division issued new policy guidance to help prosecutors evaluate whether corporate compliance programs are effective. Many of the concepts are not new, but companies…more

Compliance, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

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Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

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Florida Restaurants Win Big with Permanent Mixed-Drinks To-Go

It’s official! On July 1, 2021, restaurants in Florida will be able to sell alcoholic beverages, including mixed cocktails, to-go and for delivery permanently…more

Florida, Hospitality Industry, Liquor, Liquor Licences, New Legislation

See all updates »

Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), EPCRA, Fines

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Updated: Reviewing PPP Loan Application Certifications in Light of Additional SBA Guidance

Updated on May 6, 2020 - Since the implementation of the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on April 3, 2020, the U.S. Small Business Administration (SBA)…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Popular

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U.S. Supreme Court Holds Healthcare Entities Not Liable for Emotional Injury Damages Under Certain Anti-Discrimination Statutes

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain…more

Affordable Care Act, Anti-Discrimination Policies, Cummings v Premier Rehab Keller PLLC, Emotional Injury Claims, Federal Funding

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Maryland’s High Court Hands the State a Big Win in its Digital Ad Tax Dispute, More Challenges to Follow

Last fall, when a Maryland County Circuit Court held that the Maryland Digital Ad Tax violated the dormant commerce clause, the supremacy clause, the Internet Tax Freedom Act, and the First Amendment of the U.S. Constitution,…more

Advertising, Digital Advertising Tax, Dormant Commerce Clause, E-Commerce, First Amendment

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Weed in the Workplace – Marijuana Roundup

Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others…more

Anti-Discrimination Policies, Employment Policies, Local Ordinance, Marijuana, Medical Marijuana

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Declaring Domicile

It’s Trickier Than You Think, Even for the President- In a tweet on October 31, 2019, the President announced that New York “will always have a special place in my heart!” While there may be political reasons for relocating…more

Domicile, Estate Tax, Income Taxes

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Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in various…more

Construction Project, Florida, Hurricane Season, Infrastructure, Labor Shortage

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The Coronavirus And Force Majeure Clauses In Contracts

Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to…more

Affirmative Defenses, Breach of Contract, Commercial Contracts, Contract Terms, Coronavirus/COVID-19

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Word Play: The Curious Case of Economic Nexus Legislation in Florida

In June 2018, the United States Supreme Court in Wayfair held that the physical presence of the taxpayer was no longer a prerequisite for imposition of a sales tax. In so doing, the Court blessed the concept of “economic nexus”…more

E-Commerce, Economic Presence Nexus, Florida, Internet Retailers, Legislative Agendas

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Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends to…more

Department of Finance, Property Owners, Property Tax, Tax Commissions

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CFPB and FTC Put Landlords On Notice Regarding Tenants' Pandemic Protections

On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest landlords…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Debt Collection, Enforcement Authority, Eviction

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First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and…more

Acquisition Agreements, Antitrust Provisions, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC)

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When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Policies, Fitness for Duty Exams

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ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

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New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. A failure to maintain an effective compliance program may…more

Compliance Management Systems, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC), Fraud and Abuse

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The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision

For the second time this month, the United States Supreme Court addressed a circuit split involving the False Claims Act (FCA, 31 U.S.C. §§ 3729 – 3733). Earlier, in the SuperValu decision (discussed in a recent Health Law Rx…more

Article II, False Claims Act (FCA), FRCP 41, Healthcare, Qui Tam

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Klobuchar Antitrust Bill Could Have Significant Impact on Healthcare Industry

In early February, Senator Amy Klobuchar, new Chair of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, introduced the “Competition and Antitrust Law Enforcement Reform Act of 2021″(S225)…more

Anti-Competitive, Antitrust Provisions, Big Tech, Competition, Health Insurance

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Fishing in the Company Pond

Valentine’s Day is here, and office romances are either casting in the air, already afloat, or over and, in any event, likely the subject of the latest office gossip…more

Employer Liability Issues, Employment Policies, Holidays, Risk Management, Sexual Harassment

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Telehealth: Two Steps Forward For Payment, Three Steps Back For Fraud?

For telehealth, 2019 is off to a running start. In the first four months of the year alone, the industry has seen confirmation of payment advances for Medicare Advantage beneficiaries and expansion of coverage under state…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Fraud, Telehealth

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IRS Expands Identity Protection Program to Cover Additional Taxpayers

The Internal Revenue Service (IRS) recently announced that starting in 2015, taxpayers who filed their 2014 federal tax return with an address in Florida, Georgia, or Washington, D.C. are eligible to obtain an "identity…more

Data Protection, IRS, Personally Identifiable Information, Tax Returns

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Replenishing The Judiciary

News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal from…more

Confirmation Proceedings, Judicial Appointments, Nominations

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New I-9 Form Required But Verification Relaxed for Some Employers

Amidst the fast changing pace of employer benefits and obligations during the COVID-19 pandemic, the Department of Homeland Security (DHS) has implemented changes to ensure that immigration worksite compliance continues…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9, Hiring & Firing

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Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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New York State Legislators Reintroduce Bill Proposing Tax on Mezzanine Debt and Preferred Equity Investments

In the January 2023 legislative session, New York State Senators Salazar, Brisport, Hoylman, Jackson, Myrie, and Rivera submitted a bill, S-318 which seeks to impose a mortgage tax on mezzanine debt on, and preferred equity…more

Equity Investors, Legislative Agendas, Mezzanine Lenders, Mortgages, New York

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Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

See all updates »

D.C. Government Publishes Proposed Rules on Tax Abatements for Residential Conversions

Washington D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) released its proposed rules establishing how the D.C. government will implement the Housing in Downtown Tax Abatement program. A…more

Affordable Housing, Housing Market, Property Owners, Property Tax, Property Valuation

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Public Domain Full of Mousetraps After Steamboat Willie

The expiration of the 95-year copyright for Disney’s first Mickey Mouse from Steamboat Willie marked a momentous day in IP history. It also shines a spotlight on the public domain, and the inescapable fact that, as time passes,…more

Copyright, Copyright Expiration, Copyright Infringement, Copyright Registration, Disney

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

See all updates »

OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies

On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC)announced they were sending a joint letter to approximately 130 unidentified hospital systems…more

Data Collection, Data Privacy, Federal Trade Commission (FTC), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Enter At Your Own Risk: State Legislation And Waivers To Protect Businesses Against Liability for the Transmission of COVID-19

Introduction - As businesses operate amid the uncharted coronavirus (COVID-19) pandemic, they have started to face lawsuits brought by patrons claiming they contracted COVID-19 while on the business’s premises.  In fact,…more

Coronavirus/COVID-19, Immunity, Infectious Diseases, Liability, Negligence

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Illinois Provides Additional COVID Protections Against Residential Evictions

Since early March, all of Illinois has been under a gubernatorial disaster declaration; but while essential and non-essential business restrictions have waxed and waned per a variety of metrics, there has been an everlasting…more

Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases, Landlords

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Delaware Supreme Court Decision Creates New Paradigm for Derivative Claims

On September 23, the Delaware Supreme Court issued a decision replacing the long-standing Aronson test for demand futility and instead adopts and affirms a new universal Rales-like test applied below by Vice Chancellor Laster..…more

Board of Directors, Corporate Counsel, Corporate Misconduct, DE Supreme Court, Demand Futility

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California Court Checks Enforcement Authority of New Privacy Agency

Background - Enforcement of the California Privacy Rights Act of 2020 (CPRA) Final Regulations by the California Privacy Protection Agency was put on hold June 30, 2023, by a California Superior Court, just before enforcement…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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Tax Reform: Sweeping Changes To Federal Tax Law And The Impact On Businesses And Individuals

On December 22, 2017, President Trump signed into law what is commonly referred to as the "Tax Cuts and Jobs Act" (the "Act"). The Act makes significant changes to the Internal Revenue Code (the "Code") and affects a broad array…more

Alternative Minimum Tax, Business Taxes, Compensation & Benefits, Corporate Taxes, Estate Tax

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The Impact of COVID-19 on Commercial Real Estate Foreclosures in California

As many people are aware, on March 16, 2020, Governor Newsom of California issued an executive order requesting that lenders forbear on both commercial and residential foreclosures and evictions as a result of COVID-19…more

Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure, Judicial Foreclosure Process

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Compliance Officers: Read the New OIG General Compliance Program Guidance!

The Office of Inspector General of the U.S. Department of Health and Human Services (the OIG) recently released an updated General Compliance Program Guidance document (GCPG). The GCPG has been anticipated since the OIG…more

Anti-Kickback Statute, Compliance Management Systems, Cooperative Compliance Regime, Department of Health and Human Services (HHS), Health Care Providers

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Tax Reform: The Impact On Real Estate

The new tax law commonly referred to as the “Tax Cuts and Jobs Act” (the “Act”) – signed into law on December 22, 2017 – makes far reaching income tax law changes that will impact both commercial and residential real estate…more

Estate Tax, FIRPTA, Net Operating Losses, Pass-Through Entities, Popular

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First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and…more

Acquisition Agreements, Antitrust Provisions, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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Navigating the Affirmative Action Prohibition

The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS…more

Affirmative Action, College Admissions, Diversity and Inclusion Standards (D&I), Educational Institutions, Employer Liability Issues

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Treasury Releases Second Round Of Proposed Opportunity Zone Regulations

The Treasury Department released the second round of proposed regulations under the Qualified Opportunity Zone program (the “New Regulations”) on April 17, 2019. These New Regulations make additions to, and in some cases replace…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investors

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New Federal Legislation Regarding Substance-Use Disorder Treatment

On October 24, 2018, the federal government enacted comprehensive, bipartisan legislation intended to address America’s pandemic of opioid abuse. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment…more

Anti-Kickback Statute, Health Care Providers, New Legislation, Opioid, Prescription Drugs

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Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

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Higher Education Braces for Class Action Lawsuits for COVID-19-Related Reimbursements

As most institutions of higher education have transitioned to online learning, several class action lawsuits have been brought against such institutions, seeking reimbursement of tuition and certain fees…more

Breach of Contract, CARES Act, Class Action, Class Certification, Colleges

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Colleges’ Liability For Defaulting Parents Narrowing?

Good news for colleges: Connecticut may be on the leading edge of a trend to bar bankruptcy trustees from pursuing colleges when parents default on their “Parent PLUS” loans. When a parent signs a “Parent PLUS” loan to help…more

Bankruptcy Court, Colleges, Consumer Bankruptcy, Fraudulent Transfers, Trustees

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Florida's Prescription Drug Reform Act: What's in it for Florida Pharmacies?

The Florida legislature took aim at pharmacy benefit managers (PBMs) during the 2023 legislative session by enacting the Prescription Drug Reform Act, Chapter 2023-29, Laws of Florida (https://laws.flrules.org/2023/29) (the…more

Florida, Healthcare, New Regulations, Pharmaceutical Industry, Pharmacies

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Helms-Burton Title III Comes To Life

For the first time in 23 years, the United States government announced on April 17, 2019, its intention to activate Title III of the Cuban Liberty and Solidarity Act of 1996, popularly known as Helms-Burton. This unprecedented…more

Asset Seizure, Cuba, Foreign Corporations, Trump Administration

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Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile…more

Employees, Employer Liability Issues, Federal Labor Laws, Job Descriptions, NLRA

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Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist…more

Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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U.S. Issues Proposed Tax Regulations For Section 199A Qualified Business Income Deduction

On August 8, 2018, the Treasury Department and Internal Revenue Service released Proposed Regulations clarifying issues that arise under Section 199A of the Internal Revenue Code of 1986, as amended (the “Code”). This Practice…more

Business Income, Business Taxes, Income Taxes, Pass-Through Entities, Proposed Regulation

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Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout…more

Decriminalization of Marijuana, Employee Rights, Employer Liability Issues, Employment Policies, Marijuana

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Waiting To File For A Patent? A Cautionary Tale

A patent can provide incredible benefits. When a patent is infringed, the patent owner may be entitled to damages from the infringer. Also, the patent owner may be able to receive an injunction against the infringer, protecting…more

America Invents Act, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Department of Labor Issues FFCRA Guidance Poster

A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24…more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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EEO-1 Pay Data Collection Form Nixed for Now

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed it…more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

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USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate on…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employee Retirement Income Security Act (ERISA)

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

See all updates »

Unsuccessful Union Election? Employers Might Still Be Ordered to Engage in Collective Bargaining

Employers with a workforce seeking to unionize may soon be ordered to bargain even without a union election (or potentially, even if the employer won the election)—if the NLRB’s General Counsel succeeds in resurrecting a…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

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Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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Middle Market Private Equity Firm Settles With SEC for Sharing Insider Information

On December 26, 2023, the Securities and Exchange Commission (the SEC) issued an administrative cease and desist order against a middle market private equity firm (the Private Equity Firm) for failure to enforce its own policies…more

Enforcement Actions, Insider Information, Private Equity, Securities and Exchange Commission (SEC), Securities Fraud

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Illinois DOR Proposes to Change Income Tax Liability for Businesses that Make Sales to Foreign Countries

The Illinois Department of Revenue (“IDOR” or “Department”) recently issued a Notice of Proposed Amendment to amend its Regulation (86 Ill. Admin. Code § 100.3200) governing the “throwback” and “throwout” apportionment…more

Apportionment, Business Taxes, Department of Revenue, Doing Business, Illinois

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Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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California Employers Must Comply With Workplace Violence Prevention Requirements by July 1, 2024

A new California law taking place on workplace violence requires employers to develop and implement written plans and interactive training to prevent and respond to on-the-job threats of violence by July 1, 2024. Among other…more

Cal-OSHA, California, Employees, Employer Liability Issues, Labor Reform

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In Search of Revenue – Chicago Issues Bulletin on Economic Nexus For Streaming and Cloud Services

On January 21, 2021, the City of Chicago’s Department of Finance issued an informational bulletin clarifying its position regarding economic nexus for Chicago’s amusement tax as applied to streamed amusements and Chicago’s…more

Bright-Line Rule, Cloud Computing, Digital Service Providers, Economic Presence Nexus, Internet Streaming

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Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

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FCC Proposes Stringent Data Privacy and Security Rules for Internet Service Providers

Late last week, Federal Communications Commission chairman Tom Wheeler proposed sweeping new data privacy and security rules for broadband internet service providers. The proposal represents the FCC's first major regulatory act…more

Communications Act of 1934, Data Breach, Data Privacy, Data Security, FCC

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New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. A failure to maintain an effective compliance program may…more

Compliance Management Systems, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC), Fraud and Abuse

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B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct…more

B&B Hardware v Hargis Industries, Intellectual Property Protection, Likelihood of Confusion, SCOTUS, Trademark Infringement

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Middle Market Private Equity Firm Settles With SEC for Sharing Insider Information

On December 26, 2023, the Securities and Exchange Commission (the SEC) issued an administrative cease and desist order against a middle market private equity firm (the Private Equity Firm) for failure to enforce its own policies…more

Enforcement Actions, Insider Information, Private Equity, Securities and Exchange Commission (SEC), Securities Fraud

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Consumer Regulators' Role in Biden Administration's Framework on Digital Assets

Earlier this year, President Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets ("Digital Assets EO"). The Digital Assets EO directed over 20 federal agencies to provide the Administration with…more

Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Digital Assets

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Leave Sharing Programs – Returning to Work in the Age of COVID-19

As portions of the United States and various industries begin to resume operations during the ongoing COVID-19 pandemic, employers must consider how to implement workplace policies that appropriately balance employees' potential…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA), Medical Leave

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, Over The Counter Derivatives (OTC)

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New Ruling Limits "Forum Shopping" In Mass Action Cases And Has Potentially Significant Implications For Class Actions

On June 19, 2017, the United States Supreme Court issued the latest in a line of decisions that began in 2011 which has restricted the exercise of personal jurisdiction over corporate defendants by state and federal courts. In…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Forum Shopping, Personal Jurisdiction, SCOTUS

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Cuba Policy Under Biden: Change on the Horizon?

After four years of Trump Administration efforts to increase sanctions on Cuba and reverse Obama-era efforts to normalize bilateral ties, the Biden White House last Thursday announced its own plans to review Cuba policy and…more

Biden Administration, Cuba, Economic Sanctions, Foreign Policy, Regulatory Reform

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Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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PPP Ineligible Business Types: Constantly Changing Guidelines Leave Many Small Businesses Confused

Small businesses have experienced a great deal of confusion as they try to determine their eligibility for a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)…more

CARES Act, Coronavirus/COVID-19, Eligibility, Federal Loans, Paycheck Protection Program (PPP)

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PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Franchisee, Human Resources Professionals

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Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim

How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District…more

Anti-Kickback Statute, Co-payments, False Claims Act (FCA), False Statements, Health Insurance

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Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

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Courts Approve Alternative Service Via Twitter and Blockchain in Cryptocurrency Cases

Recent decisions permitting service of documents via social media and blockchain technology illustrate how the courts are fashioning solutions to address the unique and logistical challenges of identifying and serving anonymous…more

Bankruptcy Court, Blockchain, Chapter 15, Commercial Bankruptcy, CPLR

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Courts May Now Stop Medicare from Recouping Payments

In recent years, many Medicare providers who have received significant overpayment determinations from Medicare contractors have gone out of business while waiting to be heard before an Administrative Law Judge (ALJ) for a…more

Administrative Law Judge (ALJ), False Claims Act (FCA), Health Care Providers, Medicare, Overpayment

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The Supreme Court Limits the Extraterritorial Application of the Lanham Act

On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Protection, Lanham Act, SCOTUS

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Maryland’s High Court Hands the State a Big Win in its Digital Ad Tax Dispute, More Challenges to Follow

Last fall, when a Maryland County Circuit Court held that the Maryland Digital Ad Tax violated the dormant commerce clause, the supremacy clause, the Internet Tax Freedom Act, and the First Amendment of the U.S. Constitution,…more

Advertising, Digital Advertising Tax, Dormant Commerce Clause, E-Commerce, First Amendment

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Florida Appellate Court Upholds Landmark Decision For Companies In The Emerging Cannabis Sector

Akerman’s Client, Florigrown, Prevails in Pivotal Case Impacting How Cannabis Businesses Will Operate in Florida. This week, Florida’s First District Court of Appeal affirmed a landmark trial court temporary injunction…more

Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

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REMINDER: Starting January 1, 2023, Virginia Will Prohibit Pay-If-Paid Clauses and Limit Pay-When-Paid Clauses

As explained in a prior update, Virginia recently enacted laws prohibiting pay-if-paid clauses in construction contracts and limiting the effectiveness of pay-when-paid clauses in certain agreements for public and private…more

Construction Contracts, Construction Project, Contract Terms, General Contractors, New Legislation

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Enter At Your Own Risk: State Legislation And Waivers To Protect Businesses Against Liability for the Transmission of COVID-19

Introduction - As businesses operate amid the uncharted coronavirus (COVID-19) pandemic, they have started to face lawsuits brought by patrons claiming they contracted COVID-19 while on the business’s premises.  In fact,…more

Coronavirus/COVID-19, Immunity, Infectious Diseases, Liability, Negligence

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

See all updates »

Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors, Lenders, Limited Liability Company (LLC), Third-Party

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Pre-Applications for NYC's New M-CORE Program Available on June 8, 2023

The New York City Economic Development Corporation (NYCEDC) and the New York City Industrial Development Agency (IDA) created the New Manhattan Commercial Revitalization (M-CORE) Program with the goal of supporting…more

Applications, City of New York, Construction Project, Economic Development, Energy Efficiency

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Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export controls…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Comment Period, Export Administration Regulations (EAR), Export Controls

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Did You Know Medicare Implemented New Provider and Supplier Enrollment Requirements?

The Centers for Medicare & Medicaid Services (CMS) has revised certain payment policies under the Medicare physician fee schedule, and updated provider and supplier enrollment regulations. CMS recently published a final rule…more

Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Health Insurance, Healthcare

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The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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California’s GDPR? What The Golden State’s New Privacy Laws Mean For Your Business

Just over a month after the European Union’s General Data Protection Regulation (“GDPR”) went into effect, the State of California enacted a data privacy law, the scope and breadth of which rivals the GDPR. While the California…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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Leisure Law Insider (Vol. 1) - Fall 2023

Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality…more

Anti-Assignment Clauses, County Planning Commissions, Due Diligence, First Impression, Hospitality Industry

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“CAOA” - A Federal Decriminalization of Cannabis Bill Addressing Banking, Taxes, Criminal Law, and More - Introduced in U.S. Congress

A long-awaited bill to federally legalize cannabis was finally introduced last week after a year of negotiation following the release of a draft last year. On Thursday, July 21, 2022, U.S. Senators Cory Booker, Chuck Schumer,…more

Agribusiness, Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Financial Services Industry

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The Tax Cut And Jobs Act: Passed To Make Higher Education Less Attainable?

Having passed a critical hurdle in the Senate, it appears likely that some version of the Tax Cut and Jobs Act will be passed into law. It is also becoming clear that the passage of this Act will impact higher education by…more

Colleges, Educational Institutions, Tax Reform, Tuition, Universities

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California’s New Workplace and Violence Prevention Law’s Impact on Higher Education

This summer, California employers (including higher education institutions) will be required to implement a comprehensive workplace violence prevention plan. The new law, Senate Bill No. 553 (SB 553), goes into effect on July 1,…more

California, Educational Institutions, Emergency Management Plans, Employer Liability Issues, Labor Reform

See all updates »

IRS Provides Long-Awaited Guidance Clarifying the Domestic Content Bonus Credit Requirements

On Friday, May 12, 2023, the IRS released Notice 2023-38 (Notice) providing much needed guidance regarding the requirements to claim the new domestic content bonus credits available under Internal Revenue Code Sections 45, 45Y,…more

Domestic Policy, Energy Policy, Energy Projects, Energy Storage, Internal Revenue Code (IRC)

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Summary of Healthcare Provisions in CARES Act

The United States is experiencing an unprecedented shutdown affecting almost all aspects of life due to the current pandemic. To speed relief to the economy, on March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Diagnostic Tests, Health Care Providers, Healthcare Workers

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Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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Fix Your Weak Links in Your Medicaid Claims

Medicaid providers and suppliers have likely discovered this the hard way. A provider’s or supplier’s enrollment in the Medicaid program may be insufficient to assure that their provision of a covered and medically necessary…more

Goods or Services, Health Care Providers, Health Insurance, Healthcare, Insurance Claims

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Notable Changes To Florida Tax Law

The Florida legislature recently wrapped up its 2019 session. Of particular note, the following tax law changes were enacted. Documentary Stamp Tax – Deeds between Spouses Florida imposes a surtax – referred to as the…more

Corporate Taxes, GILTI tax, Income Taxes, Sales & Use Tax, Stamp Taxes

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Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax…more

Appeals, Commerce Clause, Conflicts of Laws, Cross-Border, Due Process

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New Environmental Tort Risk For Health Care Facilities & Sensitive Populations: Legionella In Building Water Systems

Legionella – a potentially dangerous bacteria that can pose significant health and legal risks when in a building’s interior water systems – is a growing concern with major tort litigation exposure for hospitals, health care…more

Centers for Disease Control and Prevention (CDC), Healthcare Facilities, Hospitals, Nursing Homes

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Replenishing The Judiciary

News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal from…more

Confirmation Proceedings, Judicial Appointments, Nominations

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

See all updates »

It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more

Attorney's Fees, Exceptional Case, Rule 54, Trademark Infringement, Trademarks

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Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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New Federal Legislation Regarding Substance-Use Disorder Treatment

On October 24, 2018, the federal government enacted comprehensive, bipartisan legislation intended to address America’s pandemic of opioid abuse. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment…more

Anti-Kickback Statute, Health Care Providers, New Legislation, Opioid, Prescription Drugs

See all updates »

Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

See all updates »

Is PFAS The New Asbestos?

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) refer to a family of thousands of man-made chemicals — the most common being PFOA, PFOS, and GenX — that are heat-, water-, grease-, and oil-resistant. Because of these…more

Contamination, Drinking Water, Groundwater, Hazardous Substances, PFAS

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What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Federal Labor Laws, Final Rules, Franchises

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Carrots and Sticks: DOJ Announces Policy Shift on Corporate Crime

On September 15, Deputy Assistant General of the United States ("DAG") Lisa Monaco announced new U.S. Department of Justice ("DOJ") policy changes during a speech on corporate criminal enforcement at New York University Law…more

Cooperative Compliance Regime, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Jurisdiction

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Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade County…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development

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Corporate Transparency Act: An Overview

The Corporate Transparency Act (CTA) became federal law on January 1, 2021, as part of the Anti-Money Laundering Act of 2020. The new rule, which will go into effect on January 1, 2024 (the “Effective Date”), requires companies…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Delaware Court of Chancery Extends Oversight Obligations to Non-Director Corporate Officers

In former Chancellor Allen’s hallmark decision in In re Caremark International, Inc. Derivative Litigation, the Delaware Court of Chancery held that directors of a corporation owe stockholders the fiduciary duty of oversight…more

Board of Directors, Caremark claim, Corporate Officers, Derivative Suit, Duty of Oversight

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California’s New Workplace and Violence Prevention Law’s Impact on Higher Education

This summer, California employers (including higher education institutions) will be required to implement a comprehensive workplace violence prevention plan. The new law, Senate Bill No. 553 (SB 553), goes into effect on July 1,…more

California, Educational Institutions, Emergency Management Plans, Employer Liability Issues, Labor Reform

See all updates »

OCR Will Focus on You if You Don’t Focus on Cybersecurity

With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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IRS Provides Long-Awaited Guidance Clarifying the Domestic Content Bonus Credit Requirements

On Friday, May 12, 2023, the IRS released Notice 2023-38 (Notice) providing much needed guidance regarding the requirements to claim the new domestic content bonus credits available under Internal Revenue Code Sections 45, 45Y,…more

Domestic Policy, Energy Policy, Energy Projects, Energy Storage, Internal Revenue Code (IRC)

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Is this the End of Independent Contractors in California?

Employers classifying workers in California as independent contractors face grave new concerns based on Assembly Bill 5, signed into law by Governor Newsom on Wednesday, September 18. In its breadth and the risk to which it…more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Freelance Workers

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2018 Legislation Allows Greater Flexibility For Large Developments And Existing Developments Of Regional Impact

Chapter 2018-158, Laws of Florida (HB 1151), signed by the Governor on April 6, further reduces the scope and significance of Florida’s Development of Regional Impact (DRI) review process. The legislation is effective…more

Florida, Real Estate Development, State and Local Government, Urban Planning & Development

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How to Protect Boards From COVID-19 Governance Risk

Government committees, whistle blowers, the plaintiffs’ bar, activists, customers and special interest groups all appear to be readying to assail company boards, for failing the public trust. Originally Published inThe Bureau…more

Attorney-Client Privilege, Board of Directors, Business Closures, Business Disruption, Business Litigation

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2018 Legislation Allows Greater Flexibility For Large Developments And Existing Developments Of Regional Impact

Chapter 2018-158, Laws of Florida (HB 1151), signed by the Governor on April 6, further reduces the scope and significance of Florida’s Development of Regional Impact (DRI) review process. The legislation is effective…more

Florida, Real Estate Development, State and Local Government, Urban Planning & Development

See all updates »

Navigating the SEC Climate Disclosure Rules: What You Need to Know

In a monumental move yesterday, the Securities and Exchange Commission (the "Commission") continued its commitment to environmental transparency by adopting new climate disclosure rules. These rules, as discussed in the…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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SEC Proposes Rules To Modernize And Simplify Certain Disclosure Requirements In Regulation S-K And Related Rules And Forms

On October 11, 2017, the U.S. Securities & Exchange Commission (the Commission) proposed amendments to simplify and modernize the disclosure obligation of public companies in an effort to reduce costs and burdens on registrants,…more

Corporate Governance, Disclosure Requirements, EDGAR, Fixing America’s Surface Transportation Act (FAST Act), Proposed Amendments

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

See all updates »

COVID-19 Impact On Commercial Leases In New York

The COVID-19 pandemic and the United States’ efforts to “flatten the curve” and slow the spread of the disease present considerable issues for commercial tenants and landlords. For instance, the Governors of New York, New…more

Breach of Contract, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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April Fools? Nope. Hard-to-Believe Reasons Used to Defeat Acceptance of Settlement Offers

No one likes a copycat, but insurers in Georgia have no other choice when trying to accept a settlement demand. If an insurer’s attempted acceptance of a settlement demand does not mirror the terms of the demand exactly —…more

Consumer Insurance Products, Insurance Claims, Insurance Litigation, Policy Terms, Settlement

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The Secret Is Out: Updates to New York’s Non-Disclosure Law

New York is closing out 2023 by ushering in sweeping amendments to its law governing non-disclosure agreements (NDAs) in certain settlement agreements. The amendments represent the next step in New York’s ongoing effort to…more

Employees, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Substantial Income Tax Benefits Await Real Estate Investors In Florida’s Qualified Opportunity Zones

On June 14, 2018, the U.S. Treasury Department and the Internal Revenue Service announced the final round of census tracts in low-income communities in the State of Florida which are designated as “qualified opportunity zones”…more

Florida, Income Taxes, Investors, IRS, Low-Income Issues

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Delaware Supreme Court Validates Cost Saving Federal Forum Selection Provisions in Corporate Charters

On March 18, 2020, the Delaware Supreme Court reversed a Chancery Court decision invalidating federal forum selection provisions contained in the certificates of incorporation of three Delaware corporations – Blue Apron…more

Blue Apron, Corporate Charters, DE Supreme Court, Forum Selection, Jurisdiction

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

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Updated: Reviewing PPP Loan Application Certifications in Light of Additional SBA Guidance

Updated on May 6, 2020 - Since the implementation of the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on April 3, 2020, the U.S. Small Business Administration (SBA)…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Popular

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Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

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Supreme Court Holds That Pure Omissions Do Not Support Section 10(b) Claims in Macquarie Infrastructure Corp. v. Moab Partners, L.P.

On April 12, 2024, the U.S. Supreme Court limited an issuer's liability for securities fraud claims based on alleged omissions in SEC filings. The Court's unanimous decision in Macquarie Infrastructure Corp. et al v. Moab…more

Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Misleading Statements, Omissions, Regulation S-K

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Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

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Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Fair Labor Standards Act (FLSA), Marijuana

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U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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On-Line Resources Help Nonprofit Organizations Prepare for Cybersecurity Threats

The effects of a data breach can be disastrous for any company, but especially for a nonprofit organization, not only because of the harm to the affected individuals, including those served by the organization, but also the…more

Cyber Threats, Cybersecurity, Data Breach, Data Protection, Data Security

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First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and…more

Acquisition Agreements, Antitrust Provisions, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Illinois Imposes New Limits on Non-Competes Effective January 1

Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

See all updates »

CBD Rules Remain Murky After Ninth Circuit Court Of Appeals Decision

On April 30, 2018, the U.S. Court of Appeals for the Ninth Circuit rejected the Hemp Industry Association’s challenge to a 2016 Drug Enforcement Administration (DEA) rule that, among other things, classified cannabidiol (CBD) as…more

Agricultural Sector, Controlled Substances, DEA, Hemp, Marijuana

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Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules

Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent…more

Boeing, Employee Rights, Employer Liability Issues, Federal Labor Laws, Labor Relations

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President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce for the goods or services on or in connection with which such registered mark has…more

Coronavirus/COVID-19, Goods or Services, Intellectual Property Protection, Lanham Act, Trademark Invalidity

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Maximizing Tax Credits by Installing Solar at LIHTC Projects

The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation…more

Energy Projects, Energy Storage, Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Summary of Tax Provisions in the Consolidated Appropriations Act, 2021

On December 27, 2020, President Trump signed the new $900 billion stimulus package – the Consolidated Appropriations Act, 2021 (the CAA), which, among other things, advances legislation intended to provide additional help for…more

Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention

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Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more quickly…more

ASTM, Brownfield Properties, CERCLA, Contaminated Properties, Environmental Assessments

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LGBTQ+: What’s the Fuss?

The Respect for Marriage Act is now law, upholding recognition of interracial and same-sex marriages, and the U.S. Supreme Court has held that sexual orientation and gender identity discrimination in the workplace is illegal,…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, New Legislation

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Corporate Responsibility: Board's Role in COVID-19 Risk Management

As states start to lift restrictions and allow people to “return to work,” companies are left to grapple with the specifics – the when, where, and how. The decisions to be made are not merely operational; they go to the core of…more

Board of Directors, Compliance Management Systems, Coronavirus/COVID-19, Corporate Governance, Enterprise Risks

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Leisure Law Insider (Vol. 1) - Fall 2023

Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality…more

Anti-Assignment Clauses, County Planning Commissions, Due Diligence, First Impression, Hospitality Industry

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Maximizing Tax Credits by Installing Solar at LIHTC Projects

The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation…more

Energy Projects, Energy Storage, Internal Revenue Code (IRC), Investment Tax Credits, IRS

See all updates »

Foreclosure Holds Impacting Statute Of Limitations

The COVID-19 crisis has led to foreclosure moratoriums at the regulatory, executive, and judicial level. Servicers should consider that compliance with these, regardless of level, may not protect them from later challenges to…more

Coronavirus/COVID-19, Fannie Mae, FHFA, Financial Institutions, Foreclosure

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Landlord Tenant Issues In Bankruptcy Amid COVID-19

In the midst of the COVID-19 pandemic, many commercial landlords may be wondering whether they’ll receive their next rent payment as tenants struggle to make ends meet. Landlords and tenants alike should be prepared for a…more

Automatic Stay, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more quickly…more

ASTM, Brownfield Properties, CERCLA, Contaminated Properties, Environmental Assessments

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$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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COVID-19: Navigating The Heightened Risk Of Securities Litigation

Public companies are facing their newest and potentially inevitable challenge: the risk of securities litigation over the impact of the coronavirus (COVID-19). The recent market volatility driven by the viral outbreak –…more

Coronavirus/COVID-19, Infectious Diseases, Securities and Exchange Commission (SEC), Securities Litigation

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Can Employers Refuse to Hire Smokers?

Are smokers in a protected class? Can a company refuse to hire them? After all, studies have repeatedly shown that smokers have higher absenteeism, are less productive and carry higher healthcare costs than non-smokers…more

E-Cigarettes, Employment Policies, Hiring & Firing, Job Applicants, Off-Duty Employees

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Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the…more

Copyright, Copyright Infringement, Copyright Registration, Intellectual Property Protection, Registration Requirement

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Marijuana Tipping Point: California and Florida Open Opportunities With Passage of New Laws

Tuesday's election will be viewed as a turning point in the emergence of new economies centered around marijuana. Ballot initiatives around the country resulted in important changes in eight states. Four states legalized adult…more

Compassionate Use Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

Americans with Disabilities Act (ADA), CVS, Employer Liability Issues, Essential Functions, Popular

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IRS Issues Guidance on the NOL Carryback Provisions of the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted March 27, 2020, amends the Internal Revenue Code (Code) and provides for the carryback of net operating losses arising in taxable years beginning on or…more

Business Taxes, CARES Act, Carryback Rules, Coronavirus/COVID-19, Net Operating Losses

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Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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What’s Next For Maryland’s Digital Advertising Tax?

Maryland’s controversial Digital Advertising Gross Revenues Tax (the “Digital Ad Tax”) recently shot back to the top of the headlines when Maryland Circuit Court Judge, Alison Asti, ruled from the bench that the tax is…more

Advertising, Commerce Clause, Constitutional Challenges, Digital Advertising Tax, First Amendment

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Explainer Things: Episode 10

Our newsletter’s title is a nod to the semi-scary Netflix series Stranger Things. No surprise we are VERY excited about Halloween. You may notice that our regular pop culture references have gone horror-themed for this October…more

Banks, Civil Investigation Demand, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

See all updates »

Online Gambling And The DOJ’s Wire Act Reinterpretation

On January 14, 2019, the U.S. Department of Justice issued a memorandum on its new interpretation of the Wire Act. The memorandum is a complete reversal by the DOJ from its 2011 memorandum on the same subject…more

Department of Justice (DOJ), Online Gaming, Sports Betting, Wire Act

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Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,…more

Counterfeit Goods Regulation, Discovery, Electronically Stored Information, Evidence, Injunctive Relief

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Cannabis Industry Celebrates 2018 Election Results As Green Wave Continues To Sweep U.S.

While the two major political parties continue to assess their mixed results from the 2018 mid-term elections, the cannabis industry is in a decidedly celebratory mood as the map continues to turn green. Three states continued…more

Election Results, Marijuana, Medical Marijuana, State and Local Government, State Elections

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Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

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Tariff Threats Could Send Manufacturers Country-Hopping

Just when moving manufacturing from China to Mexico seemed like an option, the threat of U.S. tariffs on Mexico emerged. Despite a reported agreement by Mexico and the Trump administration, the tariff threat admittedly remains…more

Customs and Border Protection, Free Trade Agreements, Generalized Scheme of Preferences, Imports, Mexico

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Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

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Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work-Product Doctrine

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CFPB Acting Director Uejio and FTC Acting Chairwoman Slaughter Issue Joint Statement on Preventing Illegal Evictions

On March 29, 2021, Consumer Financial Protection Bureau (CFPB) Acting Director Dave Uejio and Federal Trade Commission (FTC) Acting Chairwoman Rebecca Slaughter issued a joint statement regarding their agencies’ work to stop…more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Eviction, Failure To Pay, FDCPA

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What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were once…more

Colleges, Educational Institutions, Employer Liability Issues, Labor Reform, Labor Relations

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SEC Settles Charges Against Investment Firm that Failed to Adopt Cybersecurity Policies Before Data Breach

Recently, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, agreed to settle charges that it failed to establish the required cybersecurity policies and procedures before a data…more

Cybersecurity, Data Breach, Enforcement Actions, Investment Adviser, NIST

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Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International Corruption Matters

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls…more

Anti-Corruption, Biden Administration, Compliance Management Systems, Criminal Prosecution, Department of Justice (DOJ)

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Escalation On Venezuela Sanctions Program

On August 5, 2019, President Trump issued an Executive Order to further target and affect the Government of Venezuela led by Nicolás Maduro. The new Executive Order was followed by 12 amended general licenses and 13 new licenses…more

Asset Freeze, Economic Sanctions, Executive Orders, Foreign Relations, Office of Foreign Assets Control (OFAC)

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FDA Issues First Draft Guidance on MoCRA Registration and Listing of Cosmetic Product Facilities and Products

On August 7, 2023, the Food and Drug Administration (FDA) published draft guidance regarding the registration and listing of cosmetic products, a new requirement under the Modernization of Cosmetics Regulation Act of 2022…more

Cosmetics, Draft Guidance, Food and Drug Administration (FDA), Listing Rules, Manufacturers

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Cuba Policy Under Biden: Change on the Horizon?

After four years of Trump Administration efforts to increase sanctions on Cuba and reverse Obama-era efforts to normalize bilateral ties, the Biden White House last Thursday announced its own plans to review Cuba policy and…more

Biden Administration, Cuba, Economic Sanctions, Foreign Policy, Regulatory Reform

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Medicare Fraud Strike Force Strikes Again – in a Big Way

The Medicare Fraud Strike Force initiated its largest ever healthcare enforcement action, charging 412 defendants in July 2017 with approximately $1.3 billion in fraudulent claims. The Strike Force consists of teams that include…more

False Billing, False Claims Act (FCA), Health Care Providers, Healthcare Facilities, Healthcare Fraud

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CMS Issues Additional Waivers and Guidance on Telehealth

To ensure Medicare beneficiaries have access to necessary care without risking exposure to COVID-19, the Centers for Medicare & Medicaid Services (CMS) has further expanded telehealth services and relaxed certain requirements…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Critical Access Hospitals, Eligibility Determination, Health Care Providers

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Not All Smiles for McRO Even Though Federal Circuit Vacates Invalidity Based on Enablement

The Federal Circuit affirmed a California district court's judgment of noninfringement but vacated its judgment of invalidity for lack of enablement since the defendants' proposed non-enabling facial animation techniques did not…more

Animation, Intellectual Property Protection, McRo v Bandai Namco, Patent Infringement, Patent Litigation

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Discrimination Based on Hair and Hairstyles: Protected or Knot?

Cornrows or locs may not fit your corporate image, but be careful: state and local legislation prohibiting workplace grooming and appearance policies that adversely impact employees of color have begun popping up around the…more

Anti-Discrimination Policies, Best Practices, Dress Codes, Employee Rights, Employee Training

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California’s GDPR? What The Golden State’s New Privacy Laws Mean For Your Business

Just over a month after the European Union’s General Data Protection Regulation (“GDPR”) went into effect, the State of California enacted a data privacy law, the scope and breadth of which rivals the GDPR. While the California…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, Cuba, Cuban Assets Control Regulations (CACR), Economic Development, Entrepreneurs

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Recent OCR Settlements Remind Providers To Exercise Caution With Media And Entertainment Industry

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced three settlements arising out of the alleged impermissible disclosure of protected health information (PHI) during the production…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals, OCR

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D.C. Government Publishes Proposed Rules on Tax Abatements for Residential Conversions

Washington D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) released its proposed rules establishing how the D.C. government will implement the Housing in Downtown Tax Abatement program. A…more

Affordable Housing, Housing Market, Property Owners, Property Tax, Property Valuation

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Delaware Supreme Court Decision Creates New Paradigm for Derivative Claims

On September 23, the Delaware Supreme Court issued a decision replacing the long-standing Aronson test for demand futility and instead adopts and affirms a new universal Rales-like test applied below by Vice Chancellor Laster..…more

Board of Directors, Corporate Counsel, Corporate Misconduct, DE Supreme Court, Demand Futility

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The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Non-Exempt Employees

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export controls…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Comment Period, Export Administration Regulations (EAR), Export Controls

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Lenders are Required to Investigate Suspicious Loan Transactions

The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel Management…more

Chapter 11, Commercial Bankruptcy, Due Diligence, Equitable Subrogation, Fraudulent Transfers

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Potential Implications to the ACA Under the Incoming Republican Administration – Part IV: Pharmacies

The Affordable Care Act (ACA), as a whole, did not have a significant impact on pharmacy services per se. However, a complete repeal would likely impact certain areas of pharmacy services including the drug benefit for the…more

Affordable Care Act, Drug Pricing, Health Care Providers, Health Insurance, Healthcare

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Passage Of Amendment To The FUTURE Act

On December 19, 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act was signed into law. This amendment extends Title III, Part F (also known as SAFRA) funds on a permanent basis for…more

Educational Institutions, Higher Education Act, Student Loans, Students

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Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits

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The Gray Area Becomes A Bit Less Gray: SEC Adopts Amendments To Accelerated and Large Accelerated Filer Definitions

In December, we noted the added complexity due to the definitions of accelerated filer and large accelerated filer remaining unchanged when the Securities and Exchange Commission (the “Commission”) adopted amendments to raise…more

Accelerated Filers, Amended Rules, Securities and Exchange Commission (SEC)

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Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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EPA’s Proposed Rules Would Severely Limit PFAS Levels Permissible in Drinking Water

Last month, the U.S. Environmental Protection Agency (EPA) published new proposed rules under the Safe Drinking Water Act that will severely limit the levels of certain substances of a man-made family of chemicals, collectively…more

Comment Period, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them to Stay at Home

Employees in Chicago have been granted new protections if they must stay at home to comply with a state or local stay order or to care for someone under such an order under a new Chicago City Council ordinance enacted late last…more

Adverse Employment Action, Anti-Retaliation Provisions, Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing

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Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Trademark Protection And The Cannabis Sector

Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states where…more

Cannabidiol (CBD) oil, Controlled Substances Act, Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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Crypto Customers Lose Anonymity in Celsius Chapter 11

All crypto Celsius Network, LLC customers expecting and relying on anonymity should be concerned that their crypto transactions may become public. Recently, the Bankruptcy Court in the Celsius Network LLC chapter 11 case ordered…more

Bankruptcy Code, Bankruptcy Court, Blockchain, Chapter 11, Commercial Bankruptcy

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Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more quickly…more

ASTM, Brownfield Properties, CERCLA, Contaminated Properties, Environmental Assessments

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New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can…more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Employees, Employer Liability Issues

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Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs…more

Crisis Management, Cyber Attacks, Data Breach, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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New York City Employers Barred From Testing Prospective Employees For Marijuana Use

Beginning on May 10, 2020, absent specific exceptions, covered New York City employers will be prohibited from testing prospective job applicants for the presence of tetrahydrocannabinol (THC), the active ingredient in…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Marijuana

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Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on…more

CFIUS, Civil Monetary Penalty, Export Controls, Foreign Investment, National Security

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Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that…more

Accrued Benefits, Employer Liability Issues, Former Employee, Paid Time Off (PTO), Regulatory Requirements

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Getting Ready For New York’s SHIELD Act

Recently, New York enacted the SHIELD (Stop Hacks and Improve Electronic Data Security) Act. The SHIELD Act becomes effective on March 21, 2020. This Practice Update provides a quick overview of: When the SHIELD Act…more

Cybersecurity, Data Breach, Data Protection, Data Security, Personally Identifiable Information

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SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,…more

EB-5, Enforcement Actions, Foreign Investment, Green Cards, Ponzi Scheme

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Mitigating the Effect of Event Cancellations During the COVID-19 Pandemic

Across the country concerts, conferences, sporting events, resorts and theme parks of all sizes are closed, postponed or cancelled as a result of the COVID-19 pandemic, and the cancellations are predicted to continue through at…more

Business Interruption, Contract Termination, Contract Terms, Coronavirus/COVID-19, Event Cancellation

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Tread Carefully – DC Federal Judge Weakens Association Health Plan Regulation

A recent ruling by the United States District Court for the District of Columbia calls into question the recently expanded regulations allowing small employers to band together to establish Association Health Plans…more

Affordable Care Act, Association Health Plans, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Delaware Court of Chancery Extends Oversight Obligations to Non-Director Corporate Officers

In former Chancellor Allen’s hallmark decision in In re Caremark International, Inc. Derivative Litigation, the Delaware Court of Chancery held that directors of a corporation owe stockholders the fiduciary duty of oversight…more

Board of Directors, Caremark claim, Corporate Officers, Derivative Suit, Duty of Oversight

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Challenging New York City Real Property Taxes

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends…more

Property Owners, Property Tax, Property Valuation, Tax Assessment

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Permanent Outdoor Dining Is Coming to New York—Is Your Business Ready?

On August 16, 2023, Mayor Eric Adams signed Introduction No. 31-C to amend the New York City charter and administrative code to streamline the approval process to allow year-round sidewalk café dining and roadway café dining…more

City of New York, Department of Transportation (DOT), Licensing Rules, Restaurant Industry, Roads

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SCOTUS To Decide Who Gets A Consolidated Group’s Tax Refund When A Bankruptcy Intervenes?

The U.S. Supreme Court heard oral arguments on December 3, 2019 in Simon E. Rodriguez v. Federal Deposit Insurance Corp., 18-1269 (Sup. Ct.). At dispute in the case is whether a $4.1 million tax refund belongs to a failed bank…more

Bankruptcy Code, Commercial Bankruptcy, FDIC, Oral Argument, SCOTUS

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“Ok, Boomer” Not Okay in the Workplace

The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly gained…more

ADEA, Age Discrimination, Disparate Impact, Employer Liability Issues, Employment Policies

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Federal Judge Strikes Down CDC's Eviction Moratorium

A federal judge for the District of Columbia issued a decision on May 5 striking down the Centers for Disease Control and Prevention's (CDC) nationwide eviction moratorium…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress, Housing Market

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Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Crypto Customers Lose Anonymity in Celsius Chapter 11

All crypto Celsius Network, LLC customers expecting and relying on anonymity should be concerned that their crypto transactions may become public. Recently, the Bankruptcy Court in the Celsius Network LLC chapter 11 case ordered…more

Bankruptcy Code, Bankruptcy Court, Blockchain, Chapter 11, Commercial Bankruptcy

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California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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DOJ Indicts CEO for Allegedly Using Trading Plans to Commit Insider Trading

Critics have repeatedly alleged that executives routinely take advantage of the many loopholes that exist regarding Rule 10b5-1 trading plans to engage in improper conduct. These criticisms finally seem to have been heard by…more

10b5-1 Plans, Department of Justice (DOJ), Enforcement Actions, Insider Trading, Securities and Exchange Commission (SEC)

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DOJ’s New Compliance Program Guidance Creates A New Dilemma For Companies

On April 30, 2019, the U.S. Justice Department’s Criminal Division issued new policy guidance to help prosecutors evaluate whether corporate compliance programs are effective. Many of the concepts are not new, but companies…more

Compliance, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

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CBP Announces 90-Day Duty Deferral for Importers Meeting Specific COVID-19 Criteria

Importers that can demonstrate "significant financial hardship" resulting from the COVID-19 pandemic may benefit from President Trump's April 18 Executive Order, which authorizes the Treasury Department to grant importers an…more

Coronavirus/COVID-19, Customs and Border Protection, Duties, Fees, Importers

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H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International Corruption Matters

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls…more

Anti-Corruption, Biden Administration, Compliance Management Systems, Criminal Prosecution, Department of Justice (DOJ)

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Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers…more

Filing Requirements, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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The Florida Office of Insurance Regulation Amends the Application for Certificate of Authority for Health Maintenance Organizations

Applicants for a health maintenance organization (HMO) certificate of authority (COA) in Florida must use a new application form effective January 28, 2024. After rule development by the Florida Office of Insurance Regulation,…more

Certificate of Authority, Florida, Health Care Providers, Healthcare, HMOs

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President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on…more

Antitrust Provisions, Copyright, Department of Justice (DOJ), Federal Trade Commission (FTC), Licensing Rules

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NYC Department of Finance Accepting FY 2024-2025 ICIP and ICAP Renewals Until January 5, 2024

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) file a Certificate of Continuing Use (CCU) to renew the real estate benefits for the…more

City of New York, Construction Project, Department of Finance, ICAP, Infrastructure

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Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on…more

CFIUS, Civil Monetary Penalty, Export Controls, Foreign Investment, National Security

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Florida Homestead Exemption Audits Are Big Business

Florida Property Appraisers, primarily in the populated coastal counties, are combing the nation for taxpayers availing themselves of any other resident related benefit in addition to their Florida Homestead Exemption. The…more

Appraisal, Florida, Homestead Exemption, Property Owners, Property Tax

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ShoppersChoice: Federal Circuit Affirms Section 101 Rejection of Patent at Pleadings Stage – a Reminder for Patentees to Raise Issues of Fact at the Outset of Litigation

The Federal Circuit recently affirmed a U.S. district court’s holding at the pleadings stage that claims of a delivery notification patent were invalid under 35 U.S.C. § 101. The case is Electronic Commc’n Tech., LLC v…more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Patent Infringement, Patent Invalidity

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Draft Legislation in U.S. House of Representatives Would Dramatically Alter Estate Planning Strategies

On September 10, 2021, the U.S. House Committee on Ways and Means released a draft of proposed legislation that, if enacted into law, would reduce the estate tax exemption and significantly limit the effectiveness of certain…more

Biden Administration, Estate Planning, Estate Tax, Estate-Tax Exemption, Grantor Trusts

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Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that you…more

Adverse Employment Action, Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

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The SEC’s Newly Adopted Rules and Rule Amendments for Private Fund Advisers

On August 23, 2023, the Securities and Exchange Commission (the SEC) adopted new rules and rule amendments (collectively, the “Rules”) under the Investment Advisers Act of 1940, as amended (the Advisers Act) to enhance the…more

Books & Records, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, Fair Labor Standards Act (FLSA), Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Enhancements to Florida's Solicitation of Funds Law Now Effective - Charities Now Have Tighter Regulations

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture, Adam Putnam, worked with the Florida Legislature to enact material enhancements to Florida's…more

Charitable Donations, Charitable Organizations, Fundraisers, Nonprofits

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Cybersecurity and Privacy Risks for the Construction and Real Estate Industries

The construction industry has experienced an amazing evolution in recent years thanks to the rapid adoption of new technologies. While all of this new technology has the potential to make companies more productive and more…more

Construction Project, Cyber Attacks, Cybersecurity, Data Collection, Data Management

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Leisure Law Insider (Vol. 2) - Winter 2024

Welcome to the second edition of The Leisure Law Insider! It will be released quarterly, covering the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising,…more

Arbitration, Brand, Condominiums, Damages, Franchise Agreements

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Employee Visa Delays In Store for Employers

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly available…more

Department of Labor (DOL), H-1B, USCIS, Visas

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The Florida Office of Insurance Regulation Amends the Application for Certificate of Authority for Health Maintenance Organizations

Applicants for a health maintenance organization (HMO) certificate of authority (COA) in Florida must use a new application form effective January 28, 2024. After rule development by the Florida Office of Insurance Regulation,…more

Certificate of Authority, Florida, Health Care Providers, Healthcare, HMOs

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Retail Resilience: An Adaptation Nation

We are an adaptation nation. Embracing change to remain relevant has long been the mantra of savvy business owners and managers. Since the dawn of dial-up internet, retailers have struggled to keep pace with the evolving mores…more

Commercial Leases, Commercial Tenants, Landlords, Retail Market, Retailers

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Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Retail Resilience: An Adaptation Nation

We are an adaptation nation. Embracing change to remain relevant has long been the mantra of savvy business owners and managers. Since the dawn of dial-up internet, retailers have struggled to keep pace with the evolving mores…more

Commercial Leases, Commercial Tenants, Landlords, Retail Market, Retailers

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Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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Explainer Things: Episode 11

Typical legal newsletters might introduce a post-Thanksgiving edition with a line or two about gratitude for readers and clients. We at Explainer Things are certainly thankful for clients and readers alike, but we are far from…more

Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Crypto Exchanges, Cryptoassets

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Leisure Law Insider (Vol. 1) - Fall 2023

Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality…more

Anti-Assignment Clauses, County Planning Commissions, Due Diligence, First Impression, Hospitality Industry

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Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under…more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Update: IRS Provides Relief for U.S. and Non-U.S. National Non-Residents with Substantial Presence Due to the Coronavirus

With the restrictions on travel both into and out of the U.S. as a result of the rapid spread of the coronavirus (COVID-19) pandemic, non-U.S. or non-resident individuals (NRA) have been forced to spend a significantly greater…more

Coronavirus/COVID-19, Foreign Nationals, Income Taxes, IRS, Non-Resident Aliens

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SafeCo No More: The Changing Landscape of Scienter under the False Claims Act

Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a law, regulation, or rule to negate the scienter element of the FCA. In United…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on…more

#MeToo, Anti-Discrimination Policies, Artificial Intelligence, Cannabis Products, Casinos

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EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Is the Third Time a Charm? Florida Voters Will Get to Vote on the Adult-Use of Marijuana in the Sunshine State

Following several failed attempts, Florida's conservative-leaning Supreme Court has paved the way for voters to consider a proposed state constitutional amendment on the November ballot aimed at allowing the recreational or…more

Agribusiness, Decriminalization of Marijuana, Florida, Marijuana, Recreational Use

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Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage.  Among…more

Abortion, Compensation & Benefits, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Hotel Closures Due to COVID-19: What to Consider

The hospitality industry is being devastated by the impact of the coronavirus outbreak. As social distancing is becoming the new normal, airlines cancel flights and state and local governments impose travel restrictions and…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Franchise Agreements

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Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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The Coronavirus And Force Majeure Clauses In Contracts

Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to…more

Affirmative Defenses, Breach of Contract, Commercial Contracts, Contract Terms, Coronavirus/COVID-19

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A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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CMS Postpones Pre-Claim Review Demonstration for Home Health Services

The Centers for Medicare & Medicaid Services (CMS) announced that it would postpone the initiation of the CMS Pre-Claim Review Demonstration for Home Health Services (the “Demonstration”) in Florida, which was scheduled to begin…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Home Health Care, Home Healthcare Workers

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

Individual Retirement Account (IRA), IRA Rollovers, Non-Taxable Income

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Physicians: Beware of FTC Rules for Product Endorsements

It has become increasingly common for physicians and other healthcare professionals to share medical information with the public via video platforms, blogs, and social media sites…more

Disclosure Requirements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Medical Devices, Online Advertisements

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Staff Guidance For Conducting Annual Meetings In Light Of COVID-19 Concerns

In connection with the spread of the coronavirus disease 2019 (COVID-19) and the impact on health, transportation and other logistical issues, the staff of the Division of Corporation Finance and the Division of Investment…more

Board Meetings, Coronavirus/COVID-19, Publicly-Traded Companies, Securities and Exchange Commission (SEC), Shareholder Meetings

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Extension Of Four Valuable As-of-Right Incentive Programs Included In New York State's Omnibus Bill

The State's new omnibus bill renewed and extended programs that abate real estate taxes, city corporate taxes, and sales taxes, and provide energy discounts to qualified applicants. Developers and businesses with new…more

Economic Development, Real Estate Market, Sales Tax, State and Local Government, State Taxes

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from using…more

Advertising, Arrangement and Promotion, Contract Terms, Employment Contract, Fashion Branding

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Navigating the SEC Climate Disclosure Rules: What You Need to Know

In a monumental move yesterday, the Securities and Exchange Commission (the "Commission") continued its commitment to environmental transparency by adopting new climate disclosure rules. These rules, as discussed in the…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Illinois Provides Additional COVID Protections Against Residential Evictions

Since early March, all of Illinois has been under a gubernatorial disaster declaration; but while essential and non-essential business restrictions have waxed and waned per a variety of metrics, there has been an everlasting…more

Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases, Landlords

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Not So Fast: DOL Pauses Aspects of FLSA Tip Regulations Final Rule

Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the…more

Biden Administration, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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The Supreme Court Limits the Extraterritorial Application of the Lanham Act

On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Protection, Lanham Act, SCOTUS

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California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Tax Reform: New Law Delivers A Bundle Of Executive Compensation And Employee Benefits Changes For The Holidays

Signed into law by President Trump on December 22, the final version of the tax reform bill (the “Act”) is not as far-reaching on executive compensation as the earlier version we previewed. However, the Act makes several…more

Affordable Care Act, Compensation & Benefits, Excise Tax, Executive Compensation, Individual Mandate

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United States Department of Labor Expands Electronic Delivery Rules for Retirement Plans

The United States Department of Labor (DOL) finalized a new safe harbor rule for the use of electronic media to furnish information to participants and beneficiaries of employee retirement plans subject to the Employee…more

Department of Labor (DOL), Disclosure Requirements, Electronic Communications, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation

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Housing Our Neighbors: A Blueprint for Housing and Homelessness

On June 14th, 2022, New York City Mayor Eric Adams released his much-anticipated housing plan entitled “Housing Our Neighbors: A Blueprint for Housing and Homelessness.” In his announcement, Mayor Adams outlined his…more

Affordable Housing, Critical Infrastructure Sectors, Homeless Issues, Housing Market, Local Ordinance

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Middle Market Private Equity Firm Settles With SEC for Sharing Insider Information

On December 26, 2023, the Securities and Exchange Commission (the SEC) issued an administrative cease and desist order against a middle market private equity firm (the Private Equity Firm) for failure to enforce its own policies…more

Enforcement Actions, Insider Information, Private Equity, Securities and Exchange Commission (SEC), Securities Fraud

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Pay Transparency Requirements on the Rise

Across the country, many states have enacted Equal Pay laws which require employers to comply with a variety of requirements, typically including limits on inquiries about prior salaries and the permissible rationale for pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Labor Regulations, Pay Equity Laws

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EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Tariff Threats Could Send Manufacturers Country-Hopping

Just when moving manufacturing from China to Mexico seemed like an option, the threat of U.S. tariffs on Mexico emerged. Despite a reported agreement by Mexico and the Trump administration, the tariff threat admittedly remains…more

Customs and Border Protection, Free Trade Agreements, Generalized Scheme of Preferences, Imports, Mexico

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New Year Ushers In Extensive Changes To Florida Business Corporation Act

During the 2019 legislative session, the Florida legislature adopted major changes to the Florida Business Corporation Act (the FBCA). The revised act (designated CS/CS/HB 1009) was unanimously passed by the Florida House of…more

Delaware General Corporation Law, Limited Liability Company (LLC), State and Local Government

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New Year Ushers In Extensive Changes To Florida Business Corporation Act

During the 2019 legislative session, the Florida legislature adopted major changes to the Florida Business Corporation Act (the FBCA). The revised act (designated CS/CS/HB 1009) was unanimously passed by the Florida House of…more

Delaware General Corporation Law, Limited Liability Company (LLC), State and Local Government

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New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Expanding Rights for Breastfeeding Mothers

On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country…more

Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies, New Legislation

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Navigating IPRs and other AIA Reviews as Power Shifts to the USPTO Director

America Invents Act Reviews, or "AIA Reviews" are administrative proceedings which can be used to seek the invalidity of a U.S. Patent. After their creation in 2011, AIA reviews have become an important component of patent…more

Administrative Proceedings, America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, USPTO

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Carrots and Sticks: DOJ Announces Policy Shift on Corporate Crime

On September 15, Deputy Assistant General of the United States ("DAG") Lisa Monaco announced new U.S. Department of Justice ("DOJ") policy changes during a speech on corporate criminal enforcement at New York University Law…more

Cooperative Compliance Regime, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Jurisdiction

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California’s New Workplace and Violence Prevention Law’s Impact on Higher Education

This summer, California employers (including higher education institutions) will be required to implement a comprehensive workplace violence prevention plan. The new law, Senate Bill No. 553 (SB 553), goes into effect on July 1,…more

California, Educational Institutions, Emergency Management Plans, Employer Liability Issues, Labor Reform

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CFPB Finalizes COVID-19 Amendments Regarding Foreclosure Protections for Borrowers

On June 28, 2021, the Consumer Financial Protection Bureau (CFPB) issued a final rule to amend the mortgage servicing rules in Regulation X, which implements the Real Estate Settlement Procedures Act, to provide additional…more

Borrower Protection Programs, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Delinquent Borrowers

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Tread Carefully – DC Federal Judge Weakens Association Health Plan Regulation

A recent ruling by the United States District Court for the District of Columbia calls into question the recently expanded regulations allowing small employers to band together to establish Association Health Plans…more

Affordable Care Act, Association Health Plans, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Disclosure-Dedication Doctrine Sinks Doctrine of Equivalents Infringement Claim at Pleadings Stage

The Federal Circuit affirmed the U.S. District Court for District of Delaware's judgment of noninfringement agreeing the case could be dismissed at the pleadings stage because the disclosure-dedication doctrine barred…more

Dedication-Disclosure Defense, Doctrine of Equivalents, Intellectual Property Protection, Patent Infringement, Patent Litigation

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FTC Acts Against Warner Bros.' YouTube Promotion Campaign

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (Warner Bros.) for the company’s misleading use of social media…more

Federal Trade Commission (FTC), FTC Act, Native Advertising, Section 5, Social Media

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Biden Administration Signals MHPAEA Enforcement a Priority with Fiscal 2023 Budget

The Biden Administration’s proposed budget for fiscal year 2023 serves as a warning to all plan issuers and administrators that enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) is a top priority for the…more

Biden Administration, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Enforcement Actions

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Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

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Did You Know Medicare Implemented New Provider and Supplier Enrollment Requirements?

The Centers for Medicare & Medicaid Services (CMS) has revised certain payment policies under the Medicare physician fee schedule, and updated provider and supplier enrollment regulations. CMS recently published a final rule…more

Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Health Insurance, Healthcare

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Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add…more

Brownfield Properties, Florida, Income Taxes, State and Local Government, Tax Credits

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The Case For CASA

A movement. That’s how National CASA Association’s Leah Hausman describes the work her organization does. As national resource development officer for CASA (Court Appointed Special Advocates), she knows firsthand the importance…more

Foster Children, Students

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What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations

Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations,…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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New Unemployment Obligations for Georgia Employers

Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers…more

Coronavirus/COVID-19, Emergency Rule, Furloughs, Layoffs, State and Local Government

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Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

Department of Labor (DOL), Employee Handbooks, Employment Discrimination, Fair Labor Standards Act (FLSA), Hiring & Firing

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American Rescue Plan Act of 2021: Funding for State and Local Government

The American Rescue Plan Act of 2021 (the Rescue Plan) included significant funds for States, local, and tribal governments. These include both direct funding from the U.S. Department of Treasury (Treasury) and program monies…more

American Rescue Plan Act of 2021, Biden Administration, Broadband, Coronavirus/COVID-19, Critical Infrastructure Sectors

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SCOTUS May Resolve Circuit Split on the Specificity Required of False Claims Act Claims: Relief or More FCA Grief for Providers?

Currently, providers have different risks of potential False Claims Act (“FCA”) liability depending on where they are geographically located due to the difference in the standards required by the U.S. Courts of Appeals regarding…more

Burden of Proof, Criminal Liability, False Claims Act (FCA), Health Care Providers, Healthcare

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Hospitals Take Heed: Gradual Evolution of the IRS’ Position on Tax Exemption

There has been much fanfare, but little discussion, among healthcare experts in the United States regarding the Internal Revenue Service recently published PLR 201731014. The Letter Ruling provides a good opportunity to review…more

Charitable Organizations, Form 990, Health Care Providers, Healthcare Facilities, Hospitals

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New Eighth Circuit Decision Benefits Tribal Tax Codes

Tribal Tax Codes are typically designed to impose tax on only those on-reservation transactions that the state is constitutionally prohibited from taxing. That way, a nonmember customer is not subjected to both tribal and state…more

Indian Gaming, Native American Issues, Tax Code

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Treasury And IRS Issue Final Opportunity Zone Tax Regulations

On December 19, 2019, the Treasury and the IRS fulfilled their promise to issue final regulations by year-end that provide guidance on Qualified Opportunity Zone (QOZ) investments. These regulations (the Final Regulations),…more

Capital Gains, IRS, Opportunity Zones, QOZBP, Qualified Opportunity Funds

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Dos Toros - Maintaining Culture While Scaling (and Having Fun)

Dos Toros - Maintaining Culture While Scaling (and Having Fun) Matt Steinberg welcomes Dos Toros’ Chief Human Resources Officer Aleta Maxwell to discuss the rapidly expanding “fast casual” restaurant’s employee-first culture,…more

Corporate Culture, Employee Engagement, Employee Training, Employer Liability Issues, Hospitality Industry

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Is PFAS The New Asbestos?

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) refer to a family of thousands of man-made chemicals — the most common being PFOA, PFOS, and GenX — that are heat-, water-, grease-, and oil-resistant. Because of these…more

Contamination, Drinking Water, Groundwater, Hazardous Substances, PFAS

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President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Silicon Valley Bank Cayman Branch Denied Chapter 15 Recognition

According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition. The case before Chief Judge Glenn, In re…more

Bankruptcy Code, Bankruptcy Court, Cayman Islands, Chapter 15, Commercial Bankruptcy

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Silicon Valley Bank Cayman Branch Denied Chapter 15 Recognition

According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition. The case before Chief Judge Glenn, In re…more

Bankruptcy Code, Bankruptcy Court, Cayman Islands, Chapter 15, Commercial Bankruptcy

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California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Protecting High-Net-Worth Individuals from Fraud

With new fraudulent schemes devised and perpetrated against individuals and businesses on a daily basis, the Association of Certified Fraud Examiners created International Fraud Awareness Week, running from November 13-19, 2016,…more

Fraud, Investment, Investors, Securities Fraud, Social Networks

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Courts Approve Alternative Service Via Twitter and Blockchain in Cryptocurrency Cases

Recent decisions permitting service of documents via social media and blockchain technology illustrate how the courts are fashioning solutions to address the unique and logistical challenges of identifying and serving anonymous…more

Bankruptcy Court, Blockchain, Chapter 15, Commercial Bankruptcy, CPLR

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Comprehensive Tort Reforms Signed into Florida Law

Comprehensive tort reform legislation was passed by the Florida Legislature on Thursday, March 23, 2023. By noon Friday, March 24, 2023, Governor Ron DeSantis signed the legislation, which was one of his pre-session priorities,…more

Florida, Insurance Reform, Insurance Regulations, Lodestar Method, New Legislation

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Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in various…more

Construction Project, Florida, Hurricane Season, Infrastructure, Labor Shortage

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New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow…more

Confidential Information, Employment Contract, Espionage, Florida, Intellectual Property Protection

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EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Current Summary of States Permitting Remote Notarization

States are rapidly adapting to social distancing in their approaches to remote notarization. The below chart tracks the steps, special conditions, and considerations on a state-by-state basis. The chart lists states…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where…more

Coronavirus/COVID-19, Employer Liability Issues, Health & Safety Standard, Infectious Diseases, Inspection Rights

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Water as a Highway: Back to the Future

Florida's economic prosperity is integrally and intimately tied to water and water resources. Nearly two-thirds of our population is clustered in major urban areas situated on the Atlantic Ocean or Gulf of Mexico. Most of…more

Greenhouse Gas Emissions, Inland Waterways, Public Private Partnerships (P3s), Vessels

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Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which…more

Causation, Consumer Expectations Test, Design Defects, FL Supreme Court, Strict Liability

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What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were once…more

Colleges, Educational Institutions, Employer Liability Issues, Labor Reform, Labor Relations

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A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Explainer Things: Episode 9

Fall is finally in the air as temperatures drop (in some parts of the country, at least) and football season is in full swing. We’ve previously avoided writing about football because our Explainer Things cast can’t agree on…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Credit Reports, Cryptocurrency

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New Reporting Requirements For Foreign-Owned Disregarded Entities Have Taken Effect

The final regulations enacted in late 2016 that impose new reporting requirements on foreign-owned disregarded entities have now taken effect, bringing changes that will add significant complexity for many taxpayers this tax…more

Disregarded Entities, Filing Requirements, Foreign-Owned Corporations, Income Taxes, IRS

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NYC Department of Finance Accepting FY 2024-2025 ICIP and ICAP Renewals Until January 5, 2024

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) file a Certificate of Continuing Use (CCU) to renew the real estate benefits for the…more

City of New York, Construction Project, Department of Finance, ICAP, Infrastructure

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New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

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SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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The Human Touch of Web Accessibility

Automation is the way of the future . . . or so we thought. Make no mistake, the technology at our fingertips is powerful. As we increasingly rely on it, we lose human interaction and that presents its own risks. Even in the…more

Americans with Disabilities Act (ADA), Automated Systems, Disability Discrimination, Proficiency Testing, Public Accommodation

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Draft Legislation in U.S. House of Representatives Would Dramatically Alter Estate Planning Strategies

On September 10, 2021, the U.S. House Committee on Ways and Means released a draft of proposed legislation that, if enacted into law, would reduce the estate tax exemption and significantly limit the effectiveness of certain…more

Biden Administration, Estate Planning, Estate Tax, Estate-Tax Exemption, Grantor Trusts

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SPAC Mergers in the SEC’s Crosshairs? Recent Enforcement Activity Highlights Increased SPAC Merger Risk

The past few weeks have seen a turn of events for companies involved with Special Purpose Acquisition Company (SPAC) vehicles. First, the Securities and Exchange Commission (SEC) announced civil administrative charges against a…more

Corporate Counsel, Enforcement Actions, Initial Public Offering (IPO), Investment, Misrepresentation

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SEC Intensifies Focus on ESG Disclosures and Policies, Practices, and Procedures

On March 3, 2021, the Securities and Exchange Commission’s (the SEC) Division of Examinations (the Division) announced its Examination Priorities for 2021, which included an enhanced focus on climate-related risks…more

Business Strategies, Capital Investments, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the data…more

Breach Notification Rule, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach

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U.S. Department of Justice Withdraws Longstanding Healthcare Antitrust Policy Statements, Causing Uncertainty

It has already been a busy 2023 for the U.S. antitrust enforcement agencies.  Right on the heels of the Federal Trade Commission’s announcement of a proposed rule that potentially would ban non-compete agreements nationally, on…more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Substantial Income Tax Benefits Await Real Estate Investors In Florida’s Qualified Opportunity Zones

On June 14, 2018, the U.S. Treasury Department and the Internal Revenue Service announced the final round of census tracts in low-income communities in the State of Florida which are designated as “qualified opportunity zones”…more

Florida, Income Taxes, Investors, IRS, Low-Income Issues

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April Fools? Nope. Hard-to-Believe Reasons Used to Defeat Acceptance of Settlement Offers

No one likes a copycat, but insurers in Georgia have no other choice when trying to accept a settlement demand. If an insurer’s attempted acceptance of a settlement demand does not mirror the terms of the demand exactly —…more

Consumer Insurance Products, Insurance Claims, Insurance Litigation, Policy Terms, Settlement

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CARES Act Considerations for Small and Mid-Size Trade Contractors

CARES Act Objectives - The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was signed into law on March 27, 2020, with the intent of helping American individuals and businesses navigate the crisis caused by…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, Department of Labor (DOL), Home Health Agencies, Home Health Care, Home Healthcare Workers

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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Pay Transparency and a Ban on Consideration of Employee Compensation History for Federal Contractors on the 15th Anniversary of the Lilly Ledbetter Fair Pay Act

This January marked the 15th anniversary of the Lilly Ledbetter Fair Pay Act of 2009, providing a good moment for the federal government to propose new rules aimed at increasing gender pay equity in federal contracting and…more

Equal Pay, Fair Pay Act, Federal Contractors, Job Ads, Labor Reform

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FHFA Extends Certain COVID-Related Loan Flexibilities

On April 21, 2021, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac will extend certain loan origination flexibilities, including alternative appraisals on purchase and rate-term refinance…more

Borrowers, Coronavirus/COVID-19, Fannie Mae, FHFA, Financial Services Industry

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NYC Department of Finance Accepting FY 2024-2025 ICIP and ICAP Renewals Until January 5, 2024

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) file a Certificate of Continuing Use (CCU) to renew the real estate benefits for the…more

City of New York, Construction Project, Department of Finance, ICAP, Infrastructure

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Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Advertising, Food and Drug Administration (FDA), Marketing, Medical Devices, Pharmaceutical Industry

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  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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