McDermott Will & Emery

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444 West Lake Street
Chicago, IL 60606, United States
Phone: +1 312 372 2000
Fax: +1 312 984 7700
Practice Groups
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Massachusetts
  • New York
  • Texas
Other Countries
  • Singapore
Number of Attorneys
1,000+ Attorneys

International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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SEC Adopts Climate-Related Risk Disclosure Rules: What Public Companies, Executives and Investors Need to Know

The US Securities and Exchange Commission (SEC) adopted new climate-related risk disclosure rules on March 6, 2024, two years after the SEC proposed new climate-related disclosure rules and three years after the SEC first…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Illinois Enacts Pass-Through Entity Tax to Help Partners and S Corporation Shareholders Avoid the $10,000 SALT Cap

Illinois enacted a pass-through entity tax (PTE Tax) that may be elected by partnerships and S corporations to permit a federal deduction of state income taxes that otherwise are limited to $10,000 per year from 2018 to 2025 by…more

Business Ownership, Governor Pritzker, Income Taxes, Internal Revenue Code (IRC), IRS

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NYDFS Issues Proposed Guidance on AI and External Consumer Data Use

On January 17, 2024, the New York State Department of Financial Services (NYDFS) issued a proposed Circular Letter that provides guidance for authorized insurers using external consumer data and information sources (ECDIS) and…more

Artificial Intelligence, Data Use Policies, NAIC, New York, NYDFS

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Bulletin Concurrence X - Paris │Octobre ● Novembre ● Decembre 2023

1. CONTENTIEUX - BISPHÉNOL A DANS LES CONTENANTS ALIMENTAIRES : PRÈS DE 20 MILLIONS D’EUROS DE SANCTIONS - Par une décision du 29 décembre 2023, l’Autorité de la concurrence (ci-après l’« Autorité ») a prononcé une…more

Appeals, Competition, Distributors, France, French Competition Authority

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EU and UK Data Sharing: UK Adequacy Decision

On February 19 2021, the European Union Commission issued its draft adequacy decision for data flows between the European Union (EU) and United Kingdom (UK). Whilst widely expected, this draft decision will provide some…more

Adequacy Requirement, Data Controller, Data Protection, Data-Sharing, EU

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Estrada Is Not a Death Knell to PAGA Defenses

On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead…more

Appeals, CA Supreme Court, California, Due Process, Employer Liability Issues

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[Webinar] PPMS in 2024: Spotlight on the Specialty Dental Sector - February 15th, 12:00 pm - 1:00 pm ET

The physician practice management (PPM) space continues to evolve in response to shifting market trends, demand for specialized care and emerging opportunities in underutilized sectors. While PPM deal volume and the creation of…more

C-Suite Executives, Corporate Practice of Dentistry, Dental Practice, Dentists, Investors

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[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。 本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。…more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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Healthcare Regulatory Check-Up Newsletter | November 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for November 2023. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new General Compliance…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and…more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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[Webinar] Preparing for Litigation Resulting from a COVID-Related Busted Deal - May 8th, 12:00 pm - 1:00 pm EST

Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the…more

Acquisitions, Best Practices, Contract Disputes, Contract Negotiations, Contract Termination

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

See all updates »

Faulty Jury Instruction Tampered With Tamper-Proof Trial

The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to specify…more

Appeals, Intellectual Property Protection, Jury Instructions, Nonobvious, Objective Standard

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Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen…more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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McDermott International Legal Highlights - October 2018 - Japanese Version

How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the…more

Attorney's Fees, China, En Banc Review, EU, Falsified Documents

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Holy Pulmonary Hypertension, Batman: Method of Treatment Not Constrained by Safety and Efficacy

The US Court of Appeals for the Federal Circuit affirmed a district court’s holding that the asserted method of treatment patent was valid and infringed because safety and efficacy are not patent concerns. The Federal Circuit…more

Anticipation, Appeals, Enablement Inquiries, Patent Infringement, Patent Invalidity

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The PPP Turns Four: Lessons Learned and What Lies Ahead

Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved…more

Audits, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Federal Loans

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Investment Opportunities in 2024

In November, McDermott Will & Emery was pleased to host our annual European Health & Life Sciences Symposium in Paris. Welcoming a large crowd of healthcare professionals, investors and dealmakers for a programme of insightful…more

Algorithms, Artificial Intelligence, Big Data, EU, Health Information Technologies

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International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to…more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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Healthcare Regulatory Check-Up Newsletter | January 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new Innovation in…more

1115 Waivers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Special Report - Collective Investment Schemes & EU Holding Companies: A Multijurisdictional Analysis in Light of the CJEU Danish Cases

On 26 February 2019, the Court of Justice of the European Union (CJEU) issued long-awaited judgments in a group of cases concerning the Danish government withholding tax on dividends and interest paid by Danish companies to…more

Anti-Abuse Rule, Beneficial Owner, Collective Investment Schemes, Court of Justice of the European Union (CJEU), EU

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[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We…more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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Clarity for Rural Emergency Hospitals and Changes for Critical Access Hospitals: CMS Finalizes Conditions of Participation and Payment and Enrollment Policies But Pauses Stark Law Flexibilities

Rural emergency hospitals (REHs) are a new provider type that will allow Medicare to pay for emergency department and other outpatient hospital services in rural areas beginning on January 1, 2023, without requiring the facility…more

Centers for Medicare & Medicaid Services (CMS), Emergency Rooms, Final Rules, Health Care Providers, Hospitals

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McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and…more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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UK-US Data Bridge: An Extension to EU-US Data Privacy Framework

The UK government has published the Data Protection (Adequacy) (United States of America) Regulations 2023 (SI 2023/1028) (the UK-US Data Bridge Regulations) which adopted an adequacy decision for the US (the UK-US Data Bridge)…more

Data Privacy, Data Protection, EU, EU-US Privacy Shield, International Data Transfers

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Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used…more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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COVID Recovery in the Courts: What to Expect as Courts Adapt to the New Normal

The world’s courts and judicial systems are reacting to the outbreak of the novel coronavirus (COVID-19) in broadly different ways, presenting litigants with a range of conflicting situations and advice. In some jurisdictions,…more

Coronavirus/COVID-19, Court Closures, England, EU, Judicial System

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ICOs Should Tread Carefully on Social Media

In two recent enforcement actions, the SEC looked past formal offering documents and cited statements made on Reddit, YouTube and other social media to determine that the AirFox and Paragon ICOs were unregistered sales of…more

Blockchain, Capital Markets, FinTech, Initial Coin Offering (ICOs), Popular

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Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Appeals, Copyright, Copyright Litigation, Derivative Works

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Healthcare Regulatory Check-up | March 2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for March 2023. We discuss several criminal and civil enforcement actions that involve Anti-Kickback Statute (AKS) and…more

Coronavirus/COVID-19, Criminal Convictions, Criminal Prosecution, Department of Defense (DOD), Department of Health and Human Services (HHS)

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Conseil d’Etat Delivers Long-Awaited Clarity on Regulation of Veterinary Clinics

In a noteworthy (and long-awaited) set of case laws issued on July 10 2023, the Conseil d’Etat delivered four rulings on the shareholding and governance rules applicable to veterinary companies (Nos. 442911 and 452448), and on…more

Animal Health, Corporate Governance, France, Investment Management, Regulatory Requirements

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International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will…more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Promptly, quickly and orderly are the three watchwords when it comes to restructurings. Efficient tools for out-of-court restructuring are instrumental in preserving value. Darren Azman, Dr. Uwe Goetker and Ravi Vohra explore…more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Healthcare Regulatory Check-up | November 2022

PRIMARY CARE OWNER SETTLES FCA ALLEGATIONS FOR $2.6M - Feel Well Health Center, a primary care practice, and its physician owner entered into a civil settlement agreement and paid $2.6 million to resolve allegations that they…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Prosecution, Department of Health and Human Services (HHS), Enforcement Actions

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Colorado Finalizes Sweeping New Privacy Rules; Iowa Joins the Fray

There has been a flurry of state privacy activity in the past week, with Colorado becoming the latest state to finalize sweeping data privacy rules and Iowa on the precipice of becoming the sixth state to enact comprehensive…more

Consumer Privacy Rights, Data Privacy, Data Protection, New Legislation, New Regulations

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the…more

Appeals, Attorney's Fees, De Novo Standard of Review, Dismissals, Lanham Act

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This Week in 340B: April 9 – April 15, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Breach of Contract, Covered Entities, Insurance Industry, Litigation Strategies, Medicare

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HPE Miami 2023 | Preparing Your Company for a Transaction

The first session of HPE Miami 2023 put a spotlight on key considerations for founders as they navigate the pre-transaction process..…more

Buyers, Corporate Sales Transactions, Due Diligence, Healthcare, Investment Adviser

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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The AI Act: The EU’s Bid to Set the Global Standard for AI Regulation

In a groundbreaking move, the European Union has launched its bid to set the new comprehensive standard for the regulation of artificial intelligence (AI) with the European Parliament passing the EU AI Act on March 13, 2024…more

Artificial Intelligence, Corporate Counsel, Enforcement, EU, General Data Protection Regulation (GDPR)

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Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating…more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Congress Passes the Corporate Transparency Act with Veto-Proof Majority

On December 11, 2020, and by a veto-proof majority, the US Senate joined the House of Representatives in passing the National Defense Authorization Act for Fiscal Year 2021, which includes the Corporate Transparency Act (the…more

Anti-Money Laundering, Compliance, Corporate Governance, FinCEN, Money Laundering

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Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current…more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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FinCEN Seeks Guidance on Applying CTA Reporting Obligations to Trusts and Estates

The Corporate Transparency Act (CTA), which requires corporations, limited liability companies and other similar entities to disclose beneficial ownership information to the US Department of the Treasury’s Financial Crimes…more

Beneficial Owner, Beneficiaries, Comment Period, Corporate Transparency Act, FinCEN

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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That’s So Metal: Narrow Limitation Doesn’t Contradict Broader One

The US Court of Appeals for the Federal Circuit reversed a district court’s indefiniteness determination, finding that two claim limitations – one broad and one narrow – were not contradictory since it was possible to meet the…more

Appeals, Claim Construction, Claim Limitations, Indefiniteness, Patent Infringement

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

See all updates »

CMS Seeks Provider and Stakeholder Feedback on First National Directory of Healthcare Providers and Services

The US Centers for Medicare & Medicaid Services (CMS) released a Request for Information (RFI) seeking comments on the creation of a national directory of healthcare providers and services that would become a “centralized data…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Databases, Health Care Providers, Public Comment

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International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market volatility…more

Appeals, Bonds, Collaboration, Copyright Ownership, Coronavirus/COVID-19

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Ninth Circuit Decides Not to Rehear Its Decision Requiring Arbitration of ERISA Claims

As we wrote in a previous On the Subject, the Ninth Circuit Court of Appeals had signaled that it might rehear its August 2019 decisions in Dorman v. The Charles Schwab Corp., in which the Court compelled arbitration of ERISA…more

401k, Appeals, Arbitration, Breach of Duty, Class Action

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„Grundbuch Goes Transparenzregister“– Welche Grundstücksdaten Ab 2023 Im Transparenzregister Geführt Werden

Düsseldorf, 4. November 2022 – Am 26. Oktober 2022 hat das Bundeskabinett einen Gesetzesentwurf für ein Zweites Gesetz zur effektiveren Durchsetzung von Sanktionen (Sanktionsdurchsetzungsgesetz II) beschlossen. Mit dem Gesetz…more

Credit Institutions, Data Collection, Economic Sanctions, Enforcement, Financial Institutions

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Montana Pump Fakes a Requirement for Money Transmitters

Against a backdrop of near-daily enforcement actions and constant regulatory changes, Montana inched into the fray by publishing a letter calling on money transmitters to make a submission to the Montana Department of Banking of…more

Banking Sector, Crypto Exchanges, Cryptocurrency, Financial Institutions, Money Transmitter

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Corporate Transparency Act: What to Know

The Corporate Transparency Act (CTA) introduces beneficial ownership reporting requirements effective January 1, 2024, for new and existing companies. Below is an overview of the new reporting obligations imposed by the CTA…more

Beneficial Owner, Corporate Transparency Act, Financial Institutions, FinCEN, Jurisdiction

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Impact of the CARES Act on Executive Compensation

The CARES Act restricts how much executive compensation can be paid by employers that avail themselves of loans and loan guarantees from the US Treasury’s Exchange Stabilization Fund under Title IV of the CARES Act. Employers…more

CARES Act, Coronavirus/COVID-19, Executive Compensation, Federal Loans, Financial Stimulus

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Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted building sold under the authority of a bankruptcy court was later completed…more

Appeals, Architectural Copyrights, Bankruptcy Court, Commercial Bankruptcy, Copyright

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Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed

On November 22, 2023, the US Securities and Exchange Commission (SEC) issued an order postponing the effective date for the new share Repurchase Rule (88 Fed. Reg. 36002 (June 1, 2023)) pending further SEC action. The SEC’s…more

Corporate Governance, Form 10-K, Proposed Rules, Publicly-Traded Companies, Repurchases

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NWSL Creates New Private Equity Fund Policy but Stops Short of Allowing Sovereign Wealth Funds

With the 2024 season set to begin for the National Women’s Soccer League (NWSL), the league and its fans have much to be excited about. From new television partnerships and revamped jerseys for each of its teams to three new…more

Business Ownership, Investment, Investors, Private Equity, Private Equity Funds

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Neufassung der AIFM- und UCITS- Richtlinien

Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen…more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, EU, European Commission

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Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current…more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and…more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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HHS and FDA Seek Comments on Informed Consent Draft Guidance

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) released a draft guidance document entitled Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

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Annual EU Competition Review 2018

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU rendered…more

Antitrust Litigation, Antitrust Provisions, Cartels, Competition, Competition Authorities

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"Control" of Insurers: A Concept That Remains a Work in Progress

The concept of “control” of insurers received significant attention from state insurance regulators last year and will receive even more in 2023. We wrote a brief report in April 2022 following the New York Department of…more

Acquisitions, Banking Sector, Financial Services Industry, Insurance Industry, Insurance Regulations

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[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed from…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Continuing Legal Education, Coronavirus/COVID-19

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Gender-Affirming Benefits: Best Practices for Group Health Plans

Federal legislative and regulatory activity related to employer-sponsored group health plans shows no signs of slowing, particularly with the issuance of interpretive guidance regarding the transparency and surprise-billing…more

Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Employer Liability Issues, Health Insurance

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International Legal Highlights - December 2021

CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER - The Challenge: In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank…more

Bitcoin, Chapter 11, Clean Energy, Competition, Corporate Crimes

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[Virtual Conference] 2021 Cross-Border M&A and Private Equity Conference - September 29th, 12:15 pm - 4:45 pm CEST

McDermott is proudly sponsoring the 2021 Cross-Border M&A and Private Equity Virtual Conference (MUMAC) which will be held virtually, streamed live from the Bayerischer Hof in Munich. Sessions will include: - Keynote…more

Acquisitions, Coronavirus/COVID-19, Corporate Restructuring, Cross-Border Transactions, Foreign Investment

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Brexit Update: What’s Next for the Global Marketplace

In Depth - UK Withdrawal Process - The United Kingdom will continue to be an EU member until procedures are completed for exiting the European Union, which is likely to be a long process. Under EU Treaty rules, the…more

Alternative Investment Fund Managers Directive (AIFMD), BEPS, Counterparties, Energy Sector, EU

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SEC Cracks Down on NFTs With First-Of-Its-Kind Enforcement Action

On August 28, 2023, the US Securities and Exchange Commission (SEC) announced an enforcement action against Impact Theory, LLC, alleging that Impact Theory’s public sale of approximately $30 million in crypto assets violated…more

Civil Monetary Penalty, Cryptoassets, Cryptocurrency, Enforcement Actions, Howey

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Bank of Italy Proposes Amendment to Regulation on Collective Asset Management

On Thursday 30th July 2020, the Bank of Italy released a consultation paper containing some proposed amendments to the Regulation on Collective Asset Management. It is worth noting that the Bank of Italy is proposing to…more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Alternative Investment Funds, Asset Management, Bank of Italy

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The Impact of the New EU AI Act on the Medtech and Life Sciences Sector

As technology continues to advance almost every aspect of healthcare, so the use of AI has become an increasing focus for developers and the regulators who are racing to keep pace with rapid advancements in technology. …more

Artificial Intelligence, Cybersecurity, Data Management, EU, European Parliament

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Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen…more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat

Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference to…more

Benefit Plan Sponsors, Chevron Deference, Department of Health and Human Services (HHS), Department of Labor (DOL), Employees

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Illinois Mandates Pay and Benefits Information for Job Postings

Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take…more

Employer Liability Issues, Enforcement Actions, Equal Pay, Equal Pay Act, Illinois

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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Update 3.0: Future Financing Act – Focus on Employee Participation

With the start of the new year on January 1, 2024, the majority of the Future Financing Act (“ZuFinG”) – highly anticipated by the German start-up scene in particular —came into force. One of the ZuFinG’’s legislative…more

Employees, Employer Liability Issues, EU, Germany, International Labor Laws

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Georgia Bills Target AI in Healthcare

Within the last year, many states have presented or passed bills regulating artificial intelligence (AI), and Georgia is no exception. Georgia has drafted two pieces of legislation focused on the intersection of healthcare…more

Artificial Intelligence, Automated Decision Systems (ADS), Georgia, Health Care Providers, Health Insurance

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Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used…more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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[Webinar] Your Questions Answered: Everything You Want to Know About Qualified Small Business Stock - June 21st, 1:00 pm EDT

The exclusion for gain on qualified small business stock (QSBS) under Section 1202 has garnered increasing attention in recent years. With little administrative guidance from the Internal Revenue Service, investors and owners of…more

Continuing Legal Education, Estate Tax, Gift Tax, Income Taxes, IRS

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[Webinar] ESOP Focus: Deliberate Decision-Making | Going Concerns And Future Planning - May 7th, 2:00 pm - 3:00 pm ET

The decisions you make in response to the global pandemic will have lasting impacts on your business and your workforce. Join members of our ESOP team each Thursday for this webinar series designed to help you navigate and…more

Employee Benefits, ESOP, Financial Planning, Financial Solvency, Phantom Stock Plans

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Erbbaurecht kompakt I McDermott stellt Ihnen die wesentlichen Themen und Regelungen sowie die aktuelle Rechtsprechung vor

Das Erbbaurecht spielt in der Praxis der Immobilienwirtschaft eine bedeutende Rolle. Für Immobilieninvestoren, Projektentwickler sowie für die öffentliche Hand wird es daher immer entscheidender sich mit dem Inhalt, der…more

Germany, Investors, Land Registries, Leaseholds, Property Owners

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Nothing Lost in Translation: Book’s Spanish Version Isn’t Different Creative Work

In a precedential opinion, the Trademark Trial & Appeal Board of the US Patent & Trademark Office upheld an examiner’s refusal to register a trademark on the ground that the proposed mark was the title of a single creative work…more

Copyright, Patent Trial and Appeal Board, Trademark Application, Trademark Litigation, Trademark Trial and Appeal Board

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Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Appeals, Copyright, Copyright Litigation, Derivative Works

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Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost…more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

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Key Takeaways | Hospital and Health System Digital Health Spotlight: It’s all About the Patient!

During this session, leaders from health systems and digital health technology companies explored how they are leveraging their prowess to develop cutting-edge strategies to deliver accessible, easy to use and secure digital…more

Digital Health, Health Care Providers, Healthcare, Hospitals, Patients

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HPE Miami 2023 | Buyer Beware: The Importance of Due Diligence in Healthcare Transactions

In this session, McDermott partners Matt Friendly and Ann Marie Brodarick moderated a panel discussion highlighting current considerations for buyers conducting legal and financial due diligence in healthcare M&A…more

Acquisitions, Buyers, Due Diligence, Healthcare, Healthcare Fraud

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Insights for Driving Value Through Operational Performance of Private Equity Investments

The 13th annual Beecken Petty O’Keefe & Company Private Equity Conference took place on Friday, February 21st. McDermott, a lead sponsor of the event, hosted a panel of leading, mid-market private equity (PE) funds to discuss…more

Private Equity Funds

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Key Takeaways | The Latest Merger Control Developments under the Biden Administration

The Biden administration has placed an emphasis on antitrust enforcement that will create meaningful implications for future transactions, as well as those already consummated. In this webinar, hosted by McDermott Will & Emery…more

Antitrust Division, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Energy Sector

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What Use Does § 271(e)(1) Safe Harbor “Solely” Protect?

The US Court of Appeals for the Federal Circuit affirmed that the 35 U.S.C. § 271(e)(1) safe harbor protecting certain infringing acts undertaken for regulatory approval applied to an alleged infringer’s importation of…more

Food and Drug Administration (FDA), Hatch-Waxman, Intellectual Property Protection, Life Sciences, Patent Infringement

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Design and Execution of a Cross-border Deal

Efficiently executing a cross-border transaction requires experience, pragmatism and a specialized skill set. We have closed transactions in more than 75 countries for buyers and sellers across the full spectrum of dealmaking,…more

Cross-Border Transactions, Disclosure Requirements, Financial Reporting, Jurisdiction, Rollover Equity

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PTO Proposes Trademark Application Filing Changes, Fee Adjustments

On March 26, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking in the Federal Register concerning changes to trademark application filings and fee adjustments in trademark cases for 2025. The…more

Electronic Filing, Fees, Notice of Proposed Rulemaking (NOPR), Trademark Application, Trademarks

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I Hear Ya: Claim Terms Not as Narrow as Features in Specification

The US Court of Appeals for the Federal Circuit vacated a district court’s final judgment of noninfringement, finding that the district court improperly narrowed the constructions of certain claim terms to particular features…more

Appeals, Claim Construction, Noninfringement, Patent Infringement, Patent Litigation

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Left Swinging: Why Mickelson Went Uncharged For Insider Trading

In Depth - The Securities and Exchange Commission recently revealed details of an insider trading case against a gambler named William Walters, who allegedly engaged in insider trading based on information he obtained from…more

Appeals, Enforcement Actions, Hedge Funds, Illegal Tipping, Insider Trading

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[Webinar] Physician Alignment in Hospital/PPM Joint Ventures in 2024: A McDermott and Chartis Roundtable - January 18th, 12:00 pm - 1:00 pm ET

Hospitals and health systems are looking to improve the financial performance of their physician practices, and investor-backed physician practice management (PPM) companies have sophisticated practice management capabilities…more

Health Care Providers, Healthcare Facilities, Hospitals, Investors, Joint Venture

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Bulletin Concurrence X - Paris │Octobre ● Novembre ● Decembre 2023

1. CONTENTIEUX - BISPHÉNOL A DANS LES CONTENANTS ALIMENTAIRES : PRÈS DE 20 MILLIONS D’EUROS DE SANCTIONS - Par une décision du 29 décembre 2023, l’Autorité de la concurrence (ci-après l’« Autorité ») a prononcé une…more

Appeals, Competition, Distributors, France, French Competition Authority

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs

As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to…more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to…more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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NYDFS Issues Proposed Guidance on AI and External Consumer Data Use

On January 17, 2024, the New York State Department of Financial Services (NYDFS) issued a proposed Circular Letter that provides guidance for authorized insurers using external consumer data and information sources (ECDIS) and…more

Artificial Intelligence, Data Use Policies, NAIC, New York, NYDFS

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The Private Equity Market in Italy: Past, Present and Future

Past: Once Upon a Time - Thinking back to pre-pandemic times, it cannot be said that the Italian private equity (PE) and venture capital (VC) market was particularly flourishing or on the rise. Funding was decreasing compared…more

Buyers, Buyouts, Coronavirus/COVID-19, EBITDA, EU

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[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This…more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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[Webinar] Preparing for Litigation Resulting from a COVID-Related Busted Deal - May 8th, 12:00 pm - 1:00 pm EST

Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the…more

Acquisitions, Best Practices, Contract Disputes, Contract Negotiations, Contract Termination

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Massachusetts Adopts Single-Sales-Factor Apportionment; Manufacturing Classification Becomes Less Controversial

On October 4, 2023, Massachusetts Governor Maura Healey signed House Bill 4104 into law. The most significant change it introduces is the adoption of single-sales-factor apportionment (SSF) for all corporate taxpayers, not just…more

Apportionment, Classification, Legislative Agendas, Manufacturers, New Legislation

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Corporate Transparency Act: Key Considerations for Virtual Care Providers

As of January 1, 2024, the US Corporate Transparency Act (CTA) requires corporations, limited liability companies, limited partnerships and other similar entities to disclose beneficial ownership information to the Financial…more

Beneficial Owner, Corporate Transparency Act, Filing Requirements, FinCEN, Health Care Providers

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[Webinar] The Business Case and Cutting-Edge Legal Strategy for Monetizing Healthcare Real Estate - September 24th, 12:30 pm - 1:30 pm EST

On Thursday, September 24, McDermott Will & Emery and H2C will host Mark Rich, Executive Vice President of Global Operations of Steward Health Care, to share with you the business case and legal strategy for why healthcare…more

Business Strategies, Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19, Health Care Providers

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[Webinar] 2023 Enforcement Outlook Series | SEC Enforcement: Recent Trends and What to Expect - October 26th, 12:00 pm - 1:00 pm EDT

As we enter the final quarter of 2023, the US Securities and Exchange Commission (SEC) continues to maintain an aggressive enforcement agenda. Looking ahead to 2024, companies should expect more of the same. In this webinar,…more

Accounting, Clawbacks, Continuing Legal Education, Cooperation, Cybersecurity

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So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco…more

Advertising, Beer, Class Action, Consumer Protection Laws, Demand Letter

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Special Report: Understanding ONC’s Health AI Transparency and Risk Management Regulatory Framework

The Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule, issued by the US Department of Health and Human Services (HHS) Office of the…more

Algorithms, Artificial Intelligence, Certification Requirements, Data Protection, Department of Health and Human Services (HHS)

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President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the…more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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US Immigration Issues for Employers

Here is the latest list of changes to the US Citizenship and Immigration Services (USCIS), US Customs and Border Protection (CBP), US Department of Labor (DOL), Immigration Customs and Enforcement (ICE) and the US State…more

Coronavirus/COVID-19, Customs and Border Protection, Department of Labor (DOL), Immigration and Customs Enforcement (ICE), US Department of State

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FTC Announces Annual Merger Notification Threshold and Filing Fee Adjustments

On January 22, 2024, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds, increased filing fee thresholds and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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[Event] Life Sciences Boot Camp For In-House Counsel 2023 - April 4th, South San Francisco, CA

McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area! Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business…more

Acquisitions, Compliance, Continuing Legal Education, Corporate Counsel, Enforcement

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Action Required: Maryland Denies All Ad Tax Refund Claims

The Maryland Comptroller appears to have denied all refund claims for the 2022 digital advertising gross revenues (DAGR) tax! The denial notices were seemingly dated on or around October 11, 2023, and were sent via certified…more

Advertising, Comptroller, Maryland, Revenue, Tax Reform

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California AB 3129 Targets the Health Facility Transactions Approval Process

On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity groups…more

Acquisitions, California, Consent, Health Care Providers, Healthcare Facilities

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023

When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks back…more

Antitrust Division, Corporate Counsel, Criminal Antitrust Litigation, Cybersecurity, Department of Justice (DOJ)

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COVID-19 – Recent Legal Developments in Italy and Practical Implications

The Italian government is taking stringent measures to slow the spread of COVID-19. This Update offers up-to-the-minute insights into the current regulations governing individuals’ movement in Italy, work-related exceptions to…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Italy, Ministerial Decisions

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Analogous Art Must Be Compared to Challenged Patent

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent,…more

America Invents Act, Appeals, Mylan Pharmaceuticals, Patent Litigation, Patent Trial and Appeal Board

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International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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Quarterly Sanctions Update | Q1 2024

The European Union and the United Kingdom continue to tighten sanctions against Russia, particularly in the wake of the second anniversary of Russia’s invasion of Ukraine and the sudden death of Russian opposition leader Alexei…more

Asset Freeze, Economic Sanctions, EU, Foreign Policy, Imports

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IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

BACKGROUND: SECTION 367(D) Section 367(d) generally addresses outbound transfers of intangible property to a foreign corporation. It treats a US transferor that transfers intangible property subject to Section 367(d) as having…more

Fair Market Value, Foreign Corporations, Intangible Property, IRS, Liquidation

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Key Takeaways | Playing the Long Game: Investor Outlook on Late-Stage Funding

The days of funding growth at all costs are over, particularly for late-stage businesses. Investors are looking for strong unit economics at the gross-margin level, proven return on investment, customer retention and…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law…more

Arbitration Agreements, California, Federal Arbitration Act, Labor Code, Mandatory Arbitration

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China’s Draft Cybersecurity Measures Suggest Increased Focus on Data Security

On 28 May 2019, the Cyberspace Administration of China (CAC) released the “Data Security Management Measures (Draft for Comments)” (Draft Measures) (unofficial English translation here), containing detailed rules to expand…more

Artificial Intelligence, China, Cybersecurity, Data Breach, Data Collection

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Outlier? Split Federal Circuit Denies En Banc Review of Written Description Requirement

The US Court of Appeals for the Federal Circuit denied a patent owner’s request for en banc rehearing of a panel decision that invalidated a patent for lack of written description on the basis that a person of skill in the art…more

Appeals, En Banc Review, Patent Litigation, Patent Ownership, Patents

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HHS and FDA Seek Comments on Informed Consent Draft Guidance

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) released a draft guidance document entitled Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

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Court Rules Taxpayer Can Offset Foreign Tax Credits With NIIT Liability Under Tax Treaty

In 2013, the net investment income tax (NIIT) found in Internal Revenue Code (IRC) Section 1411 went into effect. Since then, United States taxpayers residing outside of the US have lived with uncertainty as to whether the taxes…more

Foreign Tax Credits, France, Internal Revenue Code (IRC), Investment, IRS

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Special Report - Coronavirus Update - Monitoring of the Main Tax Measures / Subsidies - Country-by-Country Overview

The Coronavirus (COVID-19) has governments across Europe, Asia, Africa, Australia, Latin America and the United States quickly evaluating and issuing modified tax-related measures to help support business investments and…more

Coronavirus/COVID-19, Filing Deadlines, Foreign Investment, Foreign Jurisdictions, International Finance

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Healthcare Regulatory Check-up | December 2022

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between November 21 and December 31, 2022, including recent enforcement activity and a summary of the Office of Inspector…more

Anti-Kickback Statute, Audits, Clinical Laboratories, Coronavirus/COVID-19, Enforcement Actions

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Check Processing Claims Bounce

The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an abstract…more

Abstract Ideas, Appeals, Check Cashing, Computer-Related Inventions, Inventive Concept Test

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ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Intent-to-Use, Lanham Act

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HHS Promotes Improved Accessibility To Department-Funded Activities for Individuals With Limited English Proficiency

On November 15, 2023, the US Department of Health and Human Services (HHS) released its updated Language Access Plan (Updated Plan) to further ensure that the limited English proficiency (LEP) community and individuals with…more

Covered Entities, Department of Health and Human Services (HHS), Limited English Proficiency (LEP), Section 1557

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Don’t Assume Nonalcoholic Beverage Ingredients Are OK for Alcoholic Beverages

As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals, herbs…more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Safety, GRAS, Wine & Alcohol

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California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary…more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

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EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to…more

Consent, Cookies, Draft Guidance, EU, European Data Protection Board (EDPB)

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SEC Adopts Climate-Related Risk Disclosure Rules: What Public Companies, Executives and Investors Need to Know

The US Securities and Exchange Commission (SEC) adopted new climate-related risk disclosure rules on March 6, 2024, two years after the SEC proposed new climate-related disclosure rules and three years after the SEC first…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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AB 1.1.2023 HABEN VERMIETER CO2-KOSTEN MITZUTRAGEN - Real Estate Update, Q4, Nr. 2, 2022

Düsseldorf, 1. Dezember 2022 – Der Bundesrat hat am Freitag, den 25. November 2022, das zuvor bereits durch den Bundestag beschlossene „Gesetz zur Aufteilung der Kohlendioxidkosten“ (CO2KostAufG) gebilligt. Nach dem neuen Gesetz…more

Commercial Real Estate Market, Germany, Landlords, New Regulations, Public Utility

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The War of the Lists and How It Could Affect Your Company

Since the Trump Administration announced its tariffs on Chinese goods, the US-China trade war has continued to escalate and create uncertainty for many US, Chinese and other international companies. The Trump Administration’s…more

Bureau of Industry and Security (BIS), China, Criminal Liability, Export Administration Regulations (EAR), Exports

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Share Schemes and TUPE in the UK – What Transfers?

In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the…more

Employee Rights, Employee Share Schemes, Employee Shareholders, Employer Liability Issues, Employment Contract

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New IRS Pre-Audit Compliance Program for Retirement Plans

Retirement plan sponsors should be aware of a new Internal Revenue Service (IRS) pilot program, which permits plan sponsors to conduct a pre-examination “check-up” of retirement plan administration before the IRS begins a plan…more

Benefit Plan Sponsors, Employee Benefits, EPCRS, Filing Deadlines, Filing Requirements

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New WDTX Order Shakes Up Initial Judge Assignments

A recent order from Chief Judge Garcia of the US District Court for the Western District of Texas (WDTX) changes how judges are initially assigned to cases filed in its Waco Division. As of July 25, 2022, patent cases filed in…more

Administrative Patent Judges, Assignments, Judges, Patent Litigation, Patents

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HPE Miami 2021: Sub-Sector Insights - Behavioral Health

Proper care coordination and preventative care can lead to significant cost-savings. For instance, every $1 spent on proper medication-assisted treatment can save the individual’s community between $4 and $11. The behavioral…more

Coronavirus/COVID-19, Health Care Providers, Mental Health, Preventive Health Care, Telehealth

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[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following…more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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RIP for POP: PTO Updates Interim Director Review Procedures

On July 24, 2023, the US Patent & Trademark Office (PTO) announced that a revised interim Director Review (DR) process and Appeals Review Panel (ARP) process will replace the Precedential Opinion Panel Process. Updates to the…more

Advisory Committee, America Invents Act, Appeals, Director of the USPTO, Patent Trial and Appeal Board

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SDNY Announces Whistleblower Pilot Program to Spur Voluntary Self-Disclosure of Criminal Misconduct

On January 10, 2024, the US Attorney for the Southern District of New York (SDNY) announced a new whistleblower pilot program designed to encourage voluntary self-disclosure of certain, nonviolent criminal misconduct. In…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), New York, Pilot Programs

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Not on the Merits: Claim Preclusion Doesn’t Bar Inducement Claims After Direct Infringement Case

Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling…more

Appeals, Claim Preclusion, Dismissals, Patent Infringement, Patent Litigation

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SEC Amends Exempt Offering Framework

On November 2, 2020, the Securities and Exchange Commission (SEC) voted to amend the framework for exempt offerings under the Securities Act of 1933, as amended (Securities Act). The amendments generally establish a new…more

Crowdfunding, Harmonization Rules, Offerings, Regulation A, Regulation D

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HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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Courts’ Approach to Cyber Insurance Continues to Evolve

As more companies purchase cyber insurance to protect against the risks of computer hacking and data breaches, the body of law interpreting these policies is evolving rapidly. Risk managers and counsel should monitor these…more

Commercial General Liability Policies, Crime Insurance Policies, Cyber Attacks, Cyber Insurance, Cybersecurity

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On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers…more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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NWSL Creates New Private Equity Fund Policy but Stops Short of Allowing Sovereign Wealth Funds

With the 2024 season set to begin for the National Women’s Soccer League (NWSL), the league and its fans have much to be excited about. From new television partnerships and revamped jerseys for each of its teams to three new…more

Business Ownership, Investment, Investors, Private Equity, Private Equity Funds

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NLRB Abandons Primacy of Secret Ballot Elections: Employers Should Reassess Labor Relations Risk and Develop New Action Plans

In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot elections…more

Employees, Employer Liability Issues, Employment Litigation, Labor Relations, NLRA

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This Week in 340B: April 9 – April 15, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Breach of Contract, Covered Entities, Insurance Industry, Litigation Strategies, Medicare

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Hazardous Waste Recycling Regulations – the Latest Chapter

“A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems],” the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or…more

Environmental Protection Agency (EPA), Hazardous Substances, RCRA, Recycling, Waste Disposal

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IRS Leans “Green”: Much-Awaited Section 45V Guidance Creates New Opportunities for Hydrogen Markets

On December 22, 2023, the Internal Revenue Service (IRS) published long-awaited proposed regulations for hydrogen tax credits under Internal Revenue Code (Code) Sections 45V and 48. The proposed regulations address many gating…more

Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Investment Tax Credits

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SAFE Banking Act Passes House, Extends Cannabis Safe Harbor Protections

First introduced in 2013, the SAFE Banking Act passed the House 321-103 Wednesday, September 25th, 2019. This bill provides safe harbor to banks and financial institutions doing business with state-legal cannabis businesses, and…more

Banking Sector, Banks, Controlled Substances Act, Dispensaries, Financial Institutions

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Ninth Circuit Rejects TCPA Plaintiffs’ Argument that Text Messages Count As "Voices"

On August 8, 2023, the United States Court of Appeals for the Ninth Circuit issued a published opinion holding that conventional text messages do not amount to “artificial or prerecorded voice” calls under the Telephone Consumer…more

Appeals, Prior Express Consent, Summary Judgment, TCPA, Telecommunications

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On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers…more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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FinCEN Seeks Guidance on Applying CTA Reporting Obligations to Trusts and Estates

The Corporate Transparency Act (CTA), which requires corporations, limited liability companies and other similar entities to disclose beneficial ownership information to the US Department of the Treasury’s Financial Crimes…more

Beneficial Owner, Beneficiaries, Comment Period, Corporate Transparency Act, FinCEN

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Litigation Pacing During the Pandemic

How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which…more

Commercial Litigation, Coronavirus/COVID-19, Depositions, Dispute Resolution, Electronic Filing

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San Antonio Temporarily Suspends Paid Sick Leave Law Amidst Legal Challenge from Business Groups

In the past few years, several states and localities have passed paid sick leave laws. These laws generally require employers to offer workers paid sick leave due to illness or injury, domestic or sexual assault, or care of a…more

Employee Benefits, Employer Liability Issues, Local Ordinance, Paid Leave, Pending Legislation

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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[Webinar] Private Client Virtual Forum | CryptoTrustees – Estate Planning & Cryptocurrency - June 17th, 10:00 am - 11:00 am PDT

Join us as we discuss the issues facing trustees and individuals holding cryptocurrency or seeking to invest in cryptocurrency. We will explore the evolving regulatory environment as well as evolving estate planning…more

Continuing Legal Education, Cryptocurrency, Digital Assets, Estate Planning, Investors

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Contracts Corner: Sponsorship Agreements

Sponsorships continue to be one of the alcohol beverage industry’s primary methods of promoting brands to drinkers. In professional sports alone, alcohol beverage brands contributed $480 million in sponsorship revenue across the…more

Advertising, Marketing, Sponsored Ads, Sponsorship Agreements, Suppliers

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New Compliance Obligations for PACE Organizations Coming in 2025

On April 4, 2024, the Centers for Medicare & Medicaid Services (CMS) issued a final rule and press release revising the regulations governing the Medicare Advantage (MA) Program, Medicare Prescription Drug Benefit Program, and…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Medicaid, Medicare

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DOJ Announces Major Changes to Corporate Compliance Program Evaluation Criteria

During speeches on March 2 and 3, 2023, at the American Bar Association (ABA) National Institute on White Collar Crime (the 2023 White Collar Conference), Deputy Attorney General (DAG) Lisa Monaco, Assistant Attorney General…more

Clawbacks, Compliance, Compliance Manuals, Compliance Monitoring, Corporate Crimes

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McDermottPlus Check-Up: April 17, 2024

House Energy & Commerce Health Subcommittee Holds Hearing on Cybersecurity. During the hearing, there was bipartisan concern about UnitedHealth Group’s response to the Change Healthcare cyberattack and consensus around the need…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Drug Pricing, GAO

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[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Key Takeaways | Lender Outlook on the Debt Financing of Renewables and Transactions

During the latest webinar in our Energy Transition series, McDermott Partners Robert da Silva Ashley and John Bridge hosted Paul Pace, SVP and team leader at KeyBank, and Andrew Chen, managing director at CIT, to discuss the…more

Clean Energy, Debt Financing, Debt Market, Energy Market, Energy Projects

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Proposed Rule on MA and Part D Would Reinstate Historical Requirements, Make Changes to Prescription Drug Payment Structure

On January 6, 2022, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule regarding Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug Pricing, Health Insurance, Medicare

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[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This…more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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Mandamus Denied but Jurisdictional Door Left Open a Crack

The US Court of Appeals for the Federal Circuit denied a patent owner’s writ of mandamus seeking to prevent a defendant from amending its answer to add an affirmative licensing defense, but also noted that the defense was added…more

Appeals, Declaratory Judgments, Licenses, Patent Infringement, Patent Litigation

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive…more

Acquisitions, American Bar Association (ABA), Antitrust Division, Antitrust Investigations, Antitrust Litigation

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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CMMI Proposes New Mandatory Episode-Based Payment Model

Last week, the Centers for Medicare & Medicaid Services (CMS) released the Fiscal Year 2025 Inpatient Prospective Payment System (IPPS) proposed regulation. This 1,900+ page annual reg updates Medicare payments and policies for…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Comment Period, Health Care Providers, Healthcare

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Top Takeaways | 2023 Value-Based Care Symposium | Health System Innovation in Value-Based Care

In this session, panelists focused on the unique challenges and opportunities facing health systems as they move into value-based care (VBC)..…more

Alternative Payment Models (APM), Fee-for-Service, Health Care Providers, Healthcare, Healthcare Reform

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US Insurers: Climate Change Disclosure Litigation and Data Calls Await

The climate change landscape for insurers has changed dramatically this past month. There are multiple developments insurers should keep in mind – and not just the US Securities and Exchange Commission’s (SEC) recent adoption of…more

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

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Unveiling the Chaos: Rogue Filings at Companies House and the Quest for Reform

Companies House, the UK’s official company register, has recently come under the spotlight due to a series of rogue filings that have affected over 190 companies, including several high-profile organizations such as Sainsbury’s,…more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Enforcement Actions

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Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de…more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de…more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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Healthcare Regulatory Check-Up | August 2022

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant enforcement activity between July 21 and August 20, 2022. Key updates include a case in which the US Court of Appeals for the Eighth Circuit decided…more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, False Claims Act (FCA)

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California DOJ Plans to Use Cartwright Act to Revive Criminal Enforcement Efforts

On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s…more

Antitrust Division, California, Cartwright Act, Corporate Governance, Criminal Prosecution

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[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations…more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary…more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

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COVID-19 Checklist for Publicly Listed Companies in France

- On January 30, 2020, the World Health Organization (WHO) has qualified the Covid-19 epidemic as a “global public health emergency”. - On March 3, 2020, French Minister of Economy and Finance Bruno Le Maire, pronounced a…more

AMF, Coronavirus/COVID-19, Electronic Communications, France, Remote Working

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International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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[Webinar] The Rise of the Payvider: Joint Ventures Between Health Systems and Payors - October 19th, 1:00 pm - 2:00 pm EDT

The emergence of joint ventures between health systems and payors is quickly reshaping the healthcare sector as we know it—presenting both new complexities and fresh opportunities for the changemakers involved…more

Analytics, Antitrust Provisions, Collaboration, Continuing Legal Education, Contract Drafting

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Quarterly Sanctions Update | Q1 2024

The European Union and the United Kingdom continue to tighten sanctions against Russia, particularly in the wake of the second anniversary of Russia’s invasion of Ukraine and the sudden death of Russian opposition leader Alexei…more

Asset Freeze, Economic Sanctions, EU, Foreign Policy, Imports

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Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de…more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors

On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender…more

Gender Identity, Governor Abbott, Health Care Providers, Healthcare, Healthcare Facilities

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Annahmeverzugslohn und Anrechnung von anderweitigem Erwerb – Tipps für die Praxis

Grundsätzlich gilt: Ohne Arbeit kein Lohn. Eine Ausnahme ist der Annahmeverzugslohn (siehe auch HR-News Beitrag vom 17. Oktober 2023: „Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?“). Diesen muss der…more

Employees, Employer Liability Issues, Germany, International Labor Laws, Profit Sharing

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Word From on High: Provide Reasoned Explanation When Departing From Established Practice

In a decision on motion in an appeal from the Trademark Trial & Appeal Board, the US Court of Appeals for the Federal Circuit admonished the Board on remand to “furnish a reasoned explanation” when departing from its…more

Appeals, Merely Descriptive, PTAB Precedential Opinion Panel (POP), Remand, Trademark Application

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[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,…more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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McDermott Health 2023 Annual Report: Managed Care 2022 Year in Review

The managed care space saw a number of regulatory and legislative developments in 2022 that are shaping the sector as we move further into 2023. Against this backdrop, the healthcare sector itself has continued to transform in…more

Acquisitions, CMMI, Employee Retirement Income Security Act (ERISA), Healthcare Reform, Joint Venture

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Corporate Transparency Act: Key Considerations for Virtual Care Providers

As of January 1, 2024, the US Corporate Transparency Act (CTA) requires corporations, limited liability companies, limited partnerships and other similar entities to disclose beneficial ownership information to the Financial…more

Beneficial Owner, Corporate Transparency Act, Filing Requirements, FinCEN, Health Care Providers

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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Special Report - 2022 FDA Year in Review

As the United States’ primary public health and consumer protection agency, the US Food and Drug Administration (FDA) regulates at least one quarter of the nation’s economy and exerts significant influence over global economies…more

Biologics, Clinical Laboratory Testing, Clinical Trials, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA)

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[Webinar] 2024 Enforcement Outlook Series | Key Insights on Compliance and Enforcement Priorities for the Year Ahead - February 7th, 12:00 pm - 1:00 pm EST

We’re looking forward to another year of our Enforcement Outlook webinar series, which we’ve designed to keep you up to date on the enforcement trends that might impact your organization’s compliance strategy…more

Chief Compliance Officers, Compliance, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00 pm - 2:00 pm EDT

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from increased…more

Americans with Disabilities Act (ADA), Arbitration, Best Practices, Confidentiality Agreements, Continuing Legal Education

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New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973…more

Americans with Disabilities Act (ADA), Department of Health and Human Services (HHS), Department of Justice (DOJ), Disabilities, Healthcare

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Corporate Criminal Liability in England & Wales: Former Lord Chancellor Signals that Reform is on the Way

Background: Current Law in England & Wales As the law currently stands in England & Wales, criminal liability for certain offences can be attributed to companies through the ‘Identification Principle’, which provides that, in…more

Corporate Counsel, Corporate Crimes, Corporate Governance, Corporate Transparency Act, Criminal Liability

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[Webinar] Demystifying Cybersecurity: Practical Considerations For Businesses - December 8th, 12:00 pm - 1:00 pm CST

Ransomware! Phishing! Zero Trust! Endpoint detection! The buzzwords and fearmongering fly when it comes to cybersecurity, but there are practical business considerations that have to be accounted for when developing a…more

Best Practices, Continuing Legal Education, Cyber Threats, Cybersecurity, Incident Response Plans

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PPMs, Take Note: FTC Proposed Rule Banning Noncompetes May Have Significant Industry Impact

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. Noncompete agreements are prevalent in…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Health Care Providers, Non-Compete Agreements

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Florida Passes Law Restricting Foreign Ownership of Real Estate

The Florida Legislature recently passed Senate Bill 264 (SB 264), which Governor Ron DeSantis signed into law on May 8, 2023. SB 264 notably presents several new restrictions on persons or entities from certain foreign countries…more

Agricultural Land, Florida, Foreign Entities, Foreign Nationals, Governor DeSantis

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Indiana Enacts New Law Requiring Notice of Healthcare Transactions

On March 13, 2024, Indiana enacted Senate Bill No. 9, which establishes that the Office of the Indiana Attorney General must receive prior written notice of certain transactions involving Indiana healthcare entities. This new…more

Acquisitions, Healthcare, Investment, Investors, Mergers

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COVID-19 Impact on Class Action Litigation

The Coronavirus (COVID-19) pandemic creates unprecedented risk for class action exposure for companies. This article identifies the first wave of class actions we anticipate arising out of the COVID-19 pandemic..…more

Class Action, Coronavirus/COVID-19, Data Breach, Employment Litigation, Infectious Diseases

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Estrada Is Not a Death Knell to PAGA Defenses

On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead…more

Appeals, CA Supreme Court, California, Due Process, Employer Liability Issues

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[Webinar] 2020 Hospital & Health System Innovation Summit - November 11th, 12:00 pm - 2:00 pm EST

Hospital and Health System Innovation Centers clear the path for healthcare advancement. And in an environment upended by COVID-19, there is no better time for investment in innovation and growth of collaborative partnerships in…more

Business Development, Business Strategies, C-Suite Executives, Collaboration, Conflicts of Interest

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International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to…more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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SEC Imposes New Cybersecurity Disclosure Requirements

At an Open Meeting on July 26, 2023, the US Securities and Exchange Commission (SEC) adopted final rules and amendments that impose new cybersecurity-related disclosure requirements for public companies subject to the Securities…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Data Security

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When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE Act…more

401k, Billable Hours, Employee Benefits, Employees, Employer Liability Issues

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TTB Ramps Up Tax Audits and Enforcement

The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the Federal Alcohol Administration Act, the Internal Revenue Code and all related…more

Auditors, Audits, Enforcement Actions, Excise Tax, Filing Deadlines

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TTB Ramps Up Tax Audits and Enforcement

The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the Federal Alcohol Administration Act, the Internal Revenue Code and all related…more

Auditors, Audits, Enforcement Actions, Excise Tax, Filing Deadlines

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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The Corporate Transparency Act: New Beneficial Ownership Reporting Requirements

On January 1, 2021, US Congress passed the National Defense Authorization Act (NDAA). Found within the NDAA (as Division F – Anti-Money Laundering) is the Corporate Transparency Act (the CTA), which will require corporations,…more

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

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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Creating a Cyber Volunteer Force: Strategy and Options

Critical infrastructure and essential services in the United States—especially small or rural service providers—are highly vulnerable to disruptions from cyber attacks. Given the ever-growing need for cybersecurity services in…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Incident Response Plans, Nonprofits

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Supreme Court: PTO Not Entitled to Attorney’s Fees in District Court Appeals

In a unanimous decision authored by Justice Sotomayor, the Supreme Court of the United States held that the US Patent and Trademark Office (PTO) is not entitled to recover its attorney’s fees in an appeal to a district court…more

American Rule, Attorney's Fees, Civil Claims, Fee-Shifting, Litigation Fees & Costs

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No Fair Use for Photo Used Without Required Attribution

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the…more

Appeals, Copyright, Copyright Litigation, Fair Use, Intellectual Property Protection

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DOJ Unveils Voluntary Self-Disclosure Safe Harbor for M&A Deals

On October 4, 2023, during remarks before the Society of Corporate Compliance and Ethics, Deputy Attorney General (AG) Lisa Monaco unveiled a new US Department of Justice (DOJ)-wide safe harbor policy for voluntary…more

Acquisitions, Compliance, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Consider Invention When Assessing Support for Claimed Range

The US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a Patent Trial & Appeal Board finding that the claims at issue were either invalid under 35 U.S.C. §112 as unsupported by written description…more

Appeals, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Inventions, Obviousness

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CMS Releases Guidance on Coverage Criteria, Use of AI and More

On February 6, 2024, the US Centers for Medicare & Medicaid Services (CMS) released a set of frequently asked questions (FAQs) related to Medicare Advantage (MA) coverage criteria and utilization management (UM) requirements…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Healthcare Reform

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Heard at the 2023 Spring Meeting: Part 2

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust enforcers…more

Acquisitions, American Bar Association (ABA), Antitrust Division, Antitrust Investigations, CFIUS

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Investment Opportunities in 2024

In November, McDermott Will & Emery was pleased to host our annual European Health & Life Sciences Symposium in Paris. Welcoming a large crowd of healthcare professionals, investors and dealmakers for a programme of insightful…more

Algorithms, Artificial Intelligence, Big Data, EU, Health Information Technologies

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Impact of the CARES Act on Executive Compensation

The CARES Act restricts how much executive compensation can be paid by employers that avail themselves of loans and loan guarantees from the US Treasury’s Exchange Stabilization Fund under Title IV of the CARES Act. Employers…more

CARES Act, Coronavirus/COVID-19, Executive Compensation, Federal Loans, Financial Stimulus

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Delaware Court Ruling Creates New Obstacle for Former SPACs

In a case filed simply to determine whether a plaintiff was entitled to attorneys’ fees and expenses for conferring a benefit on a corporation, the Delaware Court of Chancery held that the planned stockholder vote by the…more

Acquisitions, Corporate Counsel, Delaware, Dual Class Share Structures, Incorporation

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New PTAB Claim Construction? Give the Parties Review Opportunity

The US Patent & Trademark Office (PTO) Director vacated Final Written Decisions issued by the Patent Trial & Appeal Board that presented a sua sponte construction of a claim term in dispute, holding that the parties were not…more

Claim Construction, Director of the USPTO, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Supreme Court Takes Up Constitutional Challenge to Section 965 Transition Tax

On June 26, 2023, the Supreme Court of the United States agreed to hear a rare challenge under the Sixteenth Amendment and Tax Clauses to Section 965 of the tax code. In Moore v. United States, the justices will consider whether…more

Appeals, Constitutional Challenges, GILTI tax, Green Book, SCOTUS

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Kentucky Lawmakers Close in on Comprehensive Privacy Law

Consult our interactive state privacy law map to learn more about all of the enacted state consumer privacy laws. Kentucky may soon join the expanding list of states with comprehensive privacy laws. Kentucky House Bill 15,…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

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Radar Specialist: German Government Prohibits Takeover by Chinese Investor

The sharp sword of prohibiting a M&A transaction because of threats to public order or security is eventually being applied. IN DEPTH - After years of continuous tightening of foreign trade law, several papers including…more

Acquisitions, AWG/AWV Rules, China, EU, Federal Ministry for Economic Affairs and Energy

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The PPP Turns Four: Lessons Learned and What Lies Ahead

Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved…more

Audits, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Federal Loans

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When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE Act…more

401k, Billable Hours, Employee Benefits, Employees, Employer Liability Issues

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Trending in Telehealth: April 2 – April 8, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the…more

Digital Health, Health Care Providers, Interstate Compacts, Pharmacist, Reimbursements

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Uniform Law Commission Addresses Virtual Currency Regulation

On October 9, 2017, the Uniform Law Commission released a proposed state statute, which, if adopted, will require a new type of state licensure for persons engaging in “virtual business activities.” The proposed regulation marks…more

Blockchain, Uniform Law Commission (ULC), Virtual Currency

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FCC Requires Consent for AI-Generated Cloned Voice Calls

On February 8, 2024, the Federal Communications Commission (FCC) issued a Declaratory Ruling banning robocalls and robotexts using artificial intelligence (AI)-generated cloned voices. Effective immediately, under the FCC’s…more

Artificial Intelligence, FCC, Robocalling, TCPA, Telecommunications

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Montana Pump Fakes a Requirement for Money Transmitters

Against a backdrop of near-daily enforcement actions and constant regulatory changes, Montana inched into the fray by publishing a letter calling on money transmitters to make a submission to the Montana Department of Banking of…more

Banking Sector, Crypto Exchanges, Cryptocurrency, Financial Institutions, Money Transmitter

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Ninth Circuit Still Signals Shift in Arbitration Landscape for Non-Signatories

In a decision substantively the same as the now-withdrawn opinion entered on January 20, 2021, the US Court of Appeals for the Ninth Circuit once again affirmed denial of a non-signatory’s motion to compel arbitration. Setty v…more

Appeals, Arbitration, Estoppel, Jurisdiction, Motion to Compel

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will…more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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[Webinar] Mitigating Risk Exposure Under Evolving Global Cookies Regulations - May 19th, 12:00 pm - 1:00 pm EDT

The regulation of cookies and similar tracking technologies is rapidly evolving, not only in the European Union and United Kingdom but also in the United States and globally. If you have visited a website recently, you might…more

Cookies, Cybersecurity, Data Collection, Data Privacy, Data Protection

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2023 IP Outlook: Trends in the Western District of Texas

Over the past year, two developments infiltrated the Western District of Texas (WDTX) which may decrease the success of venue transfers and keep case volume steady in 2023. These developments could also give plaintiffs more…more

Appeals, Patent Litigation, Patents, Personal Jurisdiction, Texas

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Federal Jury Returns $43 Million Verdict for Kickback Scheme in Violation of the False Claims Act

After a rare False Claims Act (FCA) trial—especially one premised on violations of the Anti-Kickback Statute (AKS)—a federal jury in Minnesota returned a $43 million verdict against Precision Lens, a distributor of medical…more

Anti-Kickback Statute, Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

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[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations…more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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HHS Releases New Proposal to Address Drug Shortages

A few weeks ago, Regs & Eggs focused on nine health-related issues that were not included in the Fiscal Year (FY) 2025 President’s Budget. Another policy absent from the budget was the Administration’s plan to address drug…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Federal Budget, Inpatient Prospective Payment System (IPPS)

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Justices Interpret BIPA to Include ''Crippling Liability' for Illinois Businesses

On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Disclosure, Employer Liability Issues

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SEC Imposes New Cybersecurity Disclosure Requirements

At an Open Meeting on July 26, 2023, the US Securities and Exchange Commission (SEC) adopted final rules and amendments that impose new cybersecurity-related disclosure requirements for public companies subject to the Securities…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Data Security

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French Foreign Investment: Guidelines Published by the Ministry of Economy

On 9 September 2022, the Foreign Direct Investment Office of the Ministry of Economy (the FDI Office) issued guidelines on foreign investment control…more

EU, Financial Transactions, Foreign Investment, France, Investment

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Washington Department of Revenue Announces LendingTree Decision Does Not Prevent Sourcing of Services to Customer's Customer Location

The Washington State Department of Revenue (the “Department”) recently announced its interpretation of the Washington Court of Appeals’ March 30, 2020, adverse ruling in LendingTree, LLC v. Dep’t of Revenue, no. 80637-8-I (Wash…more

Appeals, Appellate Courts, Apportionment, Borrowers, Corporate Taxes

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery and…more

Annulment, Antitrust Litigation, Business Interruption, EU, European Commission

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International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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[Webinar] Virtual Life Sciences Forum - October 7th, 9:00 am - 12:00 pm EDT

This wide ranging discussion, sponsored by our Paris office, focuses on navigating cross border collaborations, insights for entering the US life sciences market as well as strategies for capitalizing on the growth of digital…more

Business Entities, Business Opportunities, Business Strategies, Collaboration, Cross-Border Transactions

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Top Takeaways | FTC Hosts Workshop, Solicits Public Comments on Private Equity in Healthcare

On March 5, 2024, the Federal Trade Commission (FTC) hosted “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” to examine the role of private equity investment in healthcare markets. The same day,…more

Acquisitions, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC)

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Mobility@McDermott: Monthly Update - 7/2023

1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank in…more

Automotive Loans, Banking Sector, Borrowers, Consumer Lenders, Electric Vehicles

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See Here: No Standing Based on Vague Future Plans or Adverse Priority Findings

The US Court of Appeals for the Federal Circuit dismissed an appeal from a final written decision in an inter partes review (IPR) proceeding, finding that the petitioner lacked standing because it suffered no injury in fact…more

Appeals, Article III, Collateral Estoppel, Food and Drug Administration (FDA), Injury-in-Fact

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[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following…more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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White House Activates $20 Billion IRA Funding Program for Renewable Energy Projects

On April 4, 2024, the White House activated a much-anticipated program meant to catalyze private investment in clean technology across the United States. It will award $20 billion in grant funding to eight recipients under the…more

Biden Administration, Clean Energy, Energy Projects, Environmental Protection Agency (EPA), Federal Funding

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Too Quick to Be Lit—Need to Serve That Complaint First

The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case where the plaintiff filed (but never served) an amended complaint in a…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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[Webinar] Brazil’s LGPD Gains Some Teeth: A Review of the New Rules That May Affect Your Business - April 26th, 12:00 pm - 1:00 pm EDT

In February 2023, the Brazilian National Data Protection Authority (ANPD) published the rules for the application of sanctions and the methodology for calculating fines for violation of their General Data Protection Law (LGPD)…more

Brazil, Continuing Legal Education, Corrective Actions, Data Privacy, Data Protection

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Ensuring Nondiscrimination in Patient Visitations

Reflecting on lessons learned and complaints received during the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released detailed frequently asked questions (FAQs) regarding…more

Coronavirus/COVID-19, Critical Access Hospitals, Department of Health and Human Services (HHS), Discrimination, Healthcare

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Effective January 2024: Illinois Joins Growing List of States that Require Attorney General Notice of Healthcare Transactions

On August 11, 2023, Governor J. B. Pritzker signed Illinois House Bill 2222 into law (Public Act 103-0526). Public Act 103-0526 amends certain provisions of the Illinois Antitrust Act, the State Finance Act and the Illinois…more

Antitrust Division, Covered Transactions, Enforcement, General Assembly, Governor Pritzker

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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This Week in 340B: April 9 – April 15, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Breach of Contract, Covered Entities, Insurance Industry, Litigation Strategies, Medicare

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The General Data Protection Regulation: Key Requirements and Compliance Steps for 2018

Enforceable in all EU member states on 25 May 2018, the General Data Privacy Regulation will require action by organisations both inside and outside the European Union to ensure compliance with this far-reaching privacy legal…more

Cross-Border Transactions, Cybersecurity, Data Privacy, Data Protection, e-Privacy Directive

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France’s Renewable Energy Acceleration Bill Removes Barriers to Project Development

On February 8, 2023, the French Senate voted for the adoption of the Renewable Energy Acceleration Bill (Projet de loi relatif à l’accélération de la production d’énergies renouvelables) which was first introduced in September…more

Energy Projects, Energy Sector, France, Renewable Energy

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[Webinar] Anti-Corruption and Compliance Training - May 28th, 10:00 am - 11:30 am EDT

Please join McDermott and Grant Thornton on Thursday, May 28, for a webinar training on anti-corruption and compliance. This training will discuss the auditing standards on illegal acts by clients and the auditor’s…more

Anti-Bribery, Anti-Corruption, Auditors, Books & Records, Compliance

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[Webinar] PPMS in 2024: Spotlight on the MedSpa Sector - February 1st, 12:00 pm - 1:00 pm ET

The physician practice management (PPM) space continues to evolve in response to shifting market trends, demand for specialized care and emerging opportunities in underutilized sectors. While PPM deal volume and the creation of…more

Business Development, Business Strategies, Chief Compliance Officers, Compliance, Health Care Providers

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Can the IRS Assert IRC Section 6676’s Erroneous Refund Penalty on Protective Refund Claims?

We once again want to bring to your attention the Internal Revenue Service’s (IRS) new favorite penalty provision: Internal Revenue Code (IRC) Section 6676. We have reported on this provision several times before, but this time…more

Internal Revenue Code (IRC), IRS, Tax Audits, Tax Penalties, Tax Refunds

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TTB Begins Testing New Version of Permits Online

Alcohol and Tobacco Tax and Trade Bureau (TTB) recently began testing a new version of its Permits Online system. The new interface aims to provide several big improvements for users. Among them..…more

Permits, Wine & Alcohol

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Soaring New Heights: The IRS’s Crackdown of Aircraft Usage by Corporations and High-Income Earners

The Internal Revenue Service (IRS) has announced plans to initiate dozens of new audits this spring in an attempt to limit personal usage of corporate aircraft. These audits will focus primarily on “highest risk” corporations…more

Aircraft, Audits, Aviation Industry, Business Expenses, Employer Liability Issues

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Federal Government Approves First $900 Million Toward Development of a National Network of Fast-Charging Electrical Vehicle Stations

The National Electric Vehicle Infrastructure (NEVI) Formula Program, sponsored by the US Department of Transportation’s (DOT) Federal Highway Administration (FHWA), will provide $5 billion in funding for states to establish an…more

Biden Administration, Charging Stations, Department of Transportation (DOT), Electric Vehicles, Infrastructure

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Enforcement, Enforcement Priorities

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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[Webinar] IP Focus 2024 | Session 1: The Weaponization of Prosecution Laches - February 21st, 9:00 am - 10:00 am JST

McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar…more

Best Practices, Defense Strategies, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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French and US Bankruptcy Sales Compared

For global creditors, bidders and other interested parties, the jurisdictional differences in bankruptcy proceedings is an issue that should not be ignored. Dissimilarities in US and French bankruptcy law necessitate a keen…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors, Distressed Assets

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Mind the Gap: Strategies for Addressing the Valuation Gap in European M&A Deals During and After COVID-19

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge the…more

Acquisitions, Buyers, Coronavirus/COVID-19, Deferred Consideration, Earn-Outs

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California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to…more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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FDA Releases Final Guidance on New Dietary Ingredient Notification Procedures and Timeframes

On March 5, 2024, the US Food & Drug Administration (FDA) released final guidance titled “Dietary Supplements: New Dietary Ingredient Notification Procedures and Timeframes: Guidance for Industry.” The guidance is meant to help…more

Dietary Supplements, Draft Guidance, Final Guidance, Food and Drug Administration (FDA), Labeling

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HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the…more

CARES Act, Confidential Information, Department of Health and Human Services (HHS), Final Rules, Health Information Technologies

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Healthcare Regulatory Check-Up Newsletter | December 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for December 2023. We discuss several civil and criminal enforcement actions that involve alleged violations of the False Claims…more

Advisory Opinions, Anti-Kickback Statute, Clinical Trials, Department of Health and Human Services (HHS), False Claims Act (FCA)

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Neues zur Arbeitszeiterfassung – Referentenentwurf zur Änderung des Arbeitszeitgesetzes

Seit dem 18. April 2022 liegt nun der lang erwartete (Referenten-)Entwurf zur Änderung des Arbeitszeitgesetzes und zur Regelung der Arbeitszeiterfassung vor („RefE-ArbZG“). Damit reagiert das Bundesministerium für Arbeit und…more

Employer Liability Issues, Germany, International Labor Laws, Labor Regulations, Timekeeping

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[Webinar] Possibilities and Pitfalls: Reimbursement and Regulatory Issues - July 21st, 12:30 pm - 1:30 pm EDT

Through the groundbreaking creation and rapid development of cutting-edge diagnostic and treatments solutions that significantly improve patient outcomes for cancer and other conditions, precision medicine has, and will continue…more

Collaboration, Data Privacy, Fraud and Abuse, Health Care Providers, Healthcare Fraud

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New York State Administrative Procedures Act and Emergency Authority During COVID-19

New York State law allows agencies and departments to adopt certain rules on an emergency basis, without following the strict requirement of the State Administrative Procedures Act. These emergency regulations can be a powerful…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Governor Cuomo, New York

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International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

See all updates »

UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a…more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

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HPE Miami 2021: Subsector Insights - Pharmacy

New therapies and the accompanying technologies to deliver them make pharmacy an appealing space for investment in 2021. In particular, organizations that can find ways to effectively manage escalating costs will be…more

Coronavirus/COVID-19, Pharmaceutical Industry, Physicians, Telehealth

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International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and…more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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New Public-Comment Period Regarding Section 301 Tariffs Impacting Certain Medical-Care and COVID-19 Response Products

As the country continues to experience the effects of the COVID-19 pandemic, the Office of the US Trade Representative (USTR) has invited public comments on whether to continue excluding certain medical supplies from the special…more

China, Comment Period, Coronavirus/COVID-19, Imports, Medical Supplies

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[Webinar] Restructuring Webinar Series - Restructuring in the restaurant and retail sectors - February 4th, 2:00 pm EST

The restaurant and retail industries are tough even in the best of times. Impacts from the COVID-19 pandemic will continue to push struggling restaurant chains and retail stores to file for Chapter 11 protection. This session…more

Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Debt Restructuring, Debtors

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IRS Leans “Green”: Much-Awaited Section 45V Guidance Creates New Opportunities for Hydrogen Markets

On December 22, 2023, the Internal Revenue Service (IRS) published long-awaited proposed regulations for hydrogen tax credits under Internal Revenue Code (Code) Sections 45V and 48. The proposed regulations address many gating…more

Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Investment Tax Credits

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

See all updates »

New York Proposes Regulations Expanding State’s Ability to Regulate PBMs

The New York State Department of Financial Services (DFS) recently announced the publication of proposed regulations that would increase the state’s oversight of pharmacy benefit managers (PBMs). According to DFS, the proposed…more

Comment Period, Department of Financial Services, Drug Pricing, New York, Pharmacies

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US Trade Representative Publishes List of Chinese Products Subject to Retaliatory Tariffs

The Office of the US Trade Representative (USTR) published a list of 1,300 Chinese products, valued at $50 billion, on which it intends to impose an additional 25 percent tariff in retaliation for the “harm to the US economy”…more

China, Tariffs, Trade Relations, USTR

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Baby Steps Toward Implementing a Regulatory Framework for AI in Healthcare

A few weeks ago, Regs & Eggs highlighted the major issues that McDermott+Consulting is monitoring this year – and the implementation of the president’s executive order (EO) on artificial intelligence (AI) was definitely part of…more

Artificial Intelligence, Biden Administration, Deadlines, Department of Health and Human Services (HHS), Executive Orders

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Top Takeaways | Risk-Adjustment Roulette: Strategies for Navigating the Shifting Landscape

McDermott Will & Emery Partner Ankur Goel moderated a panel during the Value-Based Care Symposium that focused on the risk-adjustment landscape and provided insights into how the regulatory environment and contractual…more

Centers for Medicare & Medicaid Services (CMS), Collaboration, Department of Health and Human Services (HHS), False Claims Act (FCA), Health Care Providers

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Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Promptly, quickly and orderly are the three watchwords when it comes to restructurings. Efficient tools for out-of-court restructuring are instrumental in preserving value. Darren Azman, Dr. Uwe Goetker and Ravi Vohra explore…more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors

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Second Circuit Assesses Propriety of Third-Party Releases in Purdue

On May 30, 2023, the US Court of Appeals for the Second Circuit released its long-awaited opinion addressing Purdue Pharma’s confirmed chapter 11 bankruptcy plan. Although the appeal challenged more than one aspect of the plan,…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,…more

Covered Entities, Data Privacy, Data Protection, Disclosure Requirements, Enforcement

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[Webinar] Addressing DOJ’s New Compliance Focus on Executive Compensation - April 20th, 2:00 pm - 3:00 pm ET

The new compliance focus on executive compensation, as announced by the US Department of Justice (DOJ) on March 3, 2023, has significant implications for how healthcare organizations address both corporate compliance and…more

Board of Directors, Clawbacks, Compliance Commitees, Corporate Executives, Department of Justice (DOJ)

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Act Now to Comply with the UK Register of Overseas Entities

The Economic Crime (Transparency and Enforcement) Act 2022 (the Act), enacted in March 2022, introduced a Register of Overseas Entities. Under this legislation, overseas entities which own certain interests in United Kingdom…more

Beneficial Owner, Foreign Entities, Jurisdiction, Sanctions, Transparency

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UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a…more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

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Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs

As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to…more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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[Ongoing Program] HPE New York 2020 - Part 3 - October 21st, 12:00 pm - 1:30 pm EDT

Maintain Connections with Healthcare Leaders. Stay Current on Market Trends. Look Ahead to 2021 and Beyond. Join us virtually for McDermott's signature HPE New York conference. We'll bring together preeminent healthcare…more

Ambulatory Surgery Centers, Banking Sector, Coronavirus/COVID-19, Digital Health, Food and Drug Administration (FDA)

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HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy…more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

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Key Takeaways | Raising Capital in 2024: Navigating New Opportunities

On January 30, 2024, McDermott Partners Edward (Jed) Gordon, Kate Vera, and Todd Kornfeld and Associate Allison McSorley Tassel discussed on a panel the current market conditions and shared different capital raising options and…more

Acquisitions, Artificial Intelligence, Capital Raising, Corporate Governance, Cybersecurity

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Special Report: Understanding ONC’s Health AI Transparency and Risk Management Regulatory Framework

The Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule, issued by the US Department of Health and Human Services (HHS) Office of the…more

Algorithms, Artificial Intelligence, Certification Requirements, Data Protection, Department of Health and Human Services (HHS)

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All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because…more

Appeals, Descriptive Trademarks, Fair Use, Good Faith, Intellectual Property Litigation

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Organ Procurement and Transplantation Network: What’s Next in Oversight and Reform

The Organ Procurement and Transplantation Network (OPTN) is a public-private partnership that manages the US organ donation and transplantation system. Today, more than 100,000 people are on the organ transplant waiting list,…more

Healthcare, Healthcare Reform, HRSA, Life Sciences, Modernization

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CMMC Level 2: The Good, The Bad and The Ugly

In this series of articles, we explore the different certification requirements of CMMC Levels 1, 2 and 3; the impact on contractors and external service providers; and proposed next steps... On December 26, 2023, the US…more

Certifications, Cloud Service Providers (CSPs), Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Änderung der Inhaberkontrollverordnung

Am 28. Dezember 2022 ist die geänderte „Verordnung über die Anzeigen nach § 2c des Kreditwesengesetzes und § 17 des Versicherungsaufsichtsgesetzes“, die sogenannte Inhaberkontrollverordnung (InhKontrollV), in Kraft getreten. Sie…more

Acquisitions, BaFin, Banking Acts, Business Ownership, EIOPA

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Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over…more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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International News: Brexit & the US Administration

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created a…more

Acquisitions, Bilateral Investment Treaties, Capital Markets, China, Cross-Border Transactions

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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Top Takeaways | PPM, ASC and Health System Collaborations and Innovation

In this moderated session, panelists discuss how physician practice management companies (PPMs), ambulatory surgery centers (ASCs) and health systems are both competing and collaborating in the evolving healthcare environment…more

Acquisitions, Business Operations, Buyouts, Certificate of Need, Collaboration

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Trending in Telehealth: April 2 – April 8, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the…more

Digital Health, Health Care Providers, Interstate Compacts, Pharmacist, Reimbursements

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FinCEN Announces Anti-Money Laundering Priorities

The Financial Crimes Enforcement Network (FinCEN) recently issued its government-wide anti-money laundering (AML) and countering the financing of terrorism (CFT) priorities (AML/CFT priorities). FinCEN issued the AML/CFT…more

Anti-Money Laundering, BSA/AML, Corporate Transparency Act, Corruption, Cyber Crimes

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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Federal Court of Justice Tightens Data Room Disclosure Requirements for Sellers, M&A Advisors and Other Parties

I. Usual exclusion of liability for facts disclosed in the data room - In corporate acquisitions, the following market standard has become established for limiting the seller’s liability: A seller’s liability for a breach of…more

Acquisitions, Buyers, Disclosure Requirements, Documentation, Electronic Transaction

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[Event] HPE Europe 2023 - September 21st, London, United Kingdom

HPE Europe is back! Join the biggest names in healthcare, life sciences and private equity for an unforgettable day of thought-provoking discussions, cutting-edge insights and valuable networking opportunities at the…more

Artificial Intelligence, Digital Health, Events, Health Care Providers, Health Information Technologies

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A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were…more

Corporate Misconduct, Criminal Prosecution, Former Employee, Former Employer, New Legislation

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[Event] European Health and Life Sciences Symposium 2023 - November 7th, Paris, France

We can't wait to see you in Paris at our second annual symposium. You'll meet with senior executives in the health, life sciences and private equity industries to identify new investment opportunities and position your company…more

Artificial Intelligence, Events, Financing, Health Care Providers, Health Information Technologies

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Tips for Winning Competitive Health Care Auctions

The current environment for healthcare transactions is fiercely competitive with high prices, tough deal terms and limited time for proper due diligence. In terms of both value and number of deals, 2018 was the biggest year for…more

Collaboration, Health Care Providers, Healthcare, Healthcare Provider Corporations, Hospitals

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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Minnesota HF 4206 Targets Healthcare Provider Transactions

On February 22, 2024, the Minnesota state legislature introduced House Bill (HF) 4206, aiming to curb the acquisition of and control over certain healthcare providers by private equity companies and real estate investment trusts…more

Health Care Providers, Healthcare, Legislative Agendas, Private Equity Firms, Proposed Legislation

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Beware Enablement of Genus Antibody Claims

The US Court of Appeals for the Federal Circuit invalidated yet another set of antibody genus claims, finding the case “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v…more

Amgen, Amgen v Sanofi, Anticipation, Appeals, Claim Construction

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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HPE Miami 2023 | Driving Behavioral Health to New Heights

During this session, Partner Michael Hacker moderated a panel that explored the opportunities and challenges for investors in behavioral health businesses. They also took a closer look at the current behavioral health system…more

Digital Health, Health Care Providers, Healthcare, Investment, Investors

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Court Rules Taxpayer Can Offset Foreign Tax Credits With NIIT Liability Under Tax Treaty

In 2013, the net investment income tax (NIIT) found in Internal Revenue Code (IRC) Section 1411 went into effect. Since then, United States taxpayers residing outside of the US have lived with uncertainty as to whether the taxes…more

Foreign Tax Credits, France, Internal Revenue Code (IRC), Investment, IRS

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HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the…more

CARES Act, Confidential Information, Department of Health and Human Services (HHS), Final Rules, Health Information Technologies

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The Working Capital Safe Harbor

Since coming into effect in January 2018, Subchapter Z of the US Tax Code—also known as the opportunity zone provisions—has enabled investors to pour billions of dollars into a broad array of businesses, from real estate…more

Capital Gains, Claim Limitations, Internal Revenue Code (IRC), Investors, IRS

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Court Strikes Down New York Opioid Surcharge on Manufacturers and Distributers

On December 19, 2018, the US District Court for the Southern District of New York ruled in favor of McDermott’s client, the Healthcare Distribution Alliance (HDA), the trade association for pharmaceutical distributors. In…more

Local Taxes, Opioid, Pharmaceutical Industry, State Taxes, Summary Judgment

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California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction Tax…more

California, Constitutional Challenges, Digital Advertising Tax, Internet Retailers, Legislative Agendas

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Sustainable Financing and German MidCap Market

Amidst the still lingering COVID- 19 pandemic, historic production disruption and shortages in raw material, increasing inflation and the Ukraine war, finance activities continued to be strong in Germany – even though the…more

Compliance, Coronavirus/COVID-19, Environmental Social & Governance (ESG), Germany, Global Market

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Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

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Top Takeaways | Specialty Spotlight: Women’s Health and Fertility

In this session, Brian Hall, a partner in McDermott’s Healthcare practice group, moderated a panel to discuss the opportunities for growth and investment in the women’s health and fertility space…more

Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Fertility Treatments, Health Care Providers, Healthcare

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[Webinar] Cutting Through The Chaos: Off the Beaten Path: 6 Not-So-Obvious Planning Ideas - September 2nd, 1:00 pm - 2:00 pm EDT

Join McDermott presenters Timothy Halleron, Richard Lang and Carlyn McCaffrey as they describe six not-so-obvious planning ideas. In certain situations these creative planning techniques may be more effective than the usual…more

Continuing Legal Education, Estate Planning, Family Offices, Financial Planning, Private Trust Companies

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[Event] InsurTech Summit 2023 - June 15th, New York, NY

As a leader in insurance innovation, we are excited to invite you to join us for McDermott’s second annual InsurTech Summit 2023, a curated half-day program featuring top insurance-focused venture capital investors, start-up…more

Capital Raising, Emerging Growth Companies, Events, Insurance Industry, Insurance Regulations

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A Light in the Dark: Seventh Circuit Helps Clarify New Pleading Standards for 401(k) Fee Cases

A recent US Court of Appeals for the Seventh Circuit case supplies answers to many questions left open in 401(k) fee litigation cases after the US Supreme Court’s ruling earlier this year in Hughes v. Northwestern University…more

401k, Appeals, Breach of Duty, Corporate Counsel, Employee Retirement Income Security Act (ERISA)

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Erbbaurecht kompakt I McDermott stellt Ihnen die wesentlichen Themen und Regelungen sowie die aktuelle Rechtsprechung vor

Das Erbbaurecht spielt in der Praxis der Immobilienwirtschaft eine bedeutende Rolle. Für Immobilieninvestoren, Projektentwickler sowie für die öffentliche Hand wird es daher immer entscheidender sich mit dem Inhalt, der…more

Germany, Investors, Land Registries, Leaseholds, Property Owners

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Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed…more

Africa, Anti-Spam Legislation, Canada, China, Cybersecurity

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The EU-China Comprehensive Agreement on Investment: A First Glance

On 30 December 2020, the leaders of China and the European Union jointly announced the completion of the negotiation of the EU-China Comprehensive Agreement on Investment (CAI) as scheduled. Following the post-Brexit trade…more

Bilateral Investment Treaties, China, EU, Foreign Investment, Germany

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AB 1.1.2023 HABEN VERMIETER CO2-KOSTEN MITZUTRAGEN - Real Estate Update, Q4, Nr. 2, 2022

Düsseldorf, 1. Dezember 2022 – Der Bundesrat hat am Freitag, den 25. November 2022, das zuvor bereits durch den Bundestag beschlossene „Gesetz zur Aufteilung der Kohlendioxidkosten“ (CO2KostAufG) gebilligt. Nach dem neuen Gesetz…more

Commercial Real Estate Market, Germany, Landlords, New Regulations, Public Utility

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[Webinar] International Expansion Post-Pandemic - What You Need to Know, and How to Plan - October 12th, 8:00 am - 9:00 am PDT

When companies expand into new international markets, evaluating the full scope of internal requirements and external drivers—such as sales contracts, employment, corporate governance, and IP rights, as well as legal and tax…more

Acquisitions, Business Development, Business Expansion, Business Model, Business Operations

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The Unified Framework for Tax Reform: Impact on Transfer Tax Planning for the High-Net-Worth Individual

The Trump Administration, the House Committee on Ways and Means and the Senate Committee on Finance released their Unified Framework (Framework) for Tax Reform on September 28. There were few surprises and fewer details…more

Estate Tax, High Net-Worth, Tax Planning, Tax Reform, Transfer Taxes

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[Webinar] Utility Acquisition of Renewable Projects – A Discussion of the Legal and Tax Issues Regarding Utilities, Developers and Tax Equity - December 3rd, 1:00 pm - 1:30 pm EST

Increasingly, utilities are replacing older generation fleets with more cost-effective generation technologies. Renewables are cost-competitive alternatives in this effort for a number of reasons, including the current tax…more

Acquisitions, Energy Projects, Energy Sector, Financing, Investors

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International Legal Highlights - December 2021

CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER - The Challenge: In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank…more

Bitcoin, Chapter 11, Clean Energy, Competition, Corporate Crimes

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[Webinar] Hedge Fund Legal & Compliance Roundtable - March 3rd, 4:30 pm - 5:30 pm EST

Join us for a virtual roundtable discussion regarding the changing securities regulatory and enforcement landscape. The election of Joe Biden and his subsequent nomination of Gary Gensler as the next chairman of the US…more

Biden Administration, Compliance, Enforcement Actions, Hedge Funds, Insider Trading

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HPE Europe 2022 | Key Takeaways

Key Trends & Opportunities in Life Sciences and Healthcare Investing - The current macroeconomic environment is creating challenges for healthcare and life sciences businesses, which have been impacted hard by wage inflation…more

Capital Markets, Digital Health, EU, Healthcare, Investment

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[Webinar] Healthcare Anti-Discrimination Litigation: What Payors Need to Know - May 13th, 1:00 pm - 2:00 pm ET

As we continue our three-part webinar series, McDermott’s litigation and healthcare lawyers will focus on how payors can actively prepare for possible enforcement and litigation stemming from recent and potential changes to…more

Affordable Care Act, Anti-Discrimination Policies, Commercial Litigation, Continuing Legal Education, Department of Health and Human Services (HHS)

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[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We…more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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[Hybrid Event] Breakfast Training Workshop: Anatomy of a Private Equity Transaction - March 29th, London, United Kingdom

We would like to welcome you to join our first breakfast training workshop, Anatomy of a Private Equity Transaction. McDermott, together with other leading professional advisory firms, will be hosting a series of workshops…more

Events, Financial Transactions, Private Equity, Private Equity Firms, Private Equity Funds

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California DOJ Plans to Use Cartwright Act to Revive Criminal Enforcement Efforts

On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s…more

Antitrust Division, California, Cartwright Act, Corporate Governance, Criminal Prosecution

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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Top Takeaways | Employer Market Perspective

In this session, McDermott Will & Emery Partner Patrick Healy moderated a panel that examined the expansion of value-based care in the employer market. We summarize the panel’s insights on how stakeholders can successfully…more

Employer Liability Issues, Health Care Providers, Health Insurance, Healthcare, Insurance Industry

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SEC Requires New Disclosures in Periodic Reports on Share Repurchases

On May 3, 2023, the US Securities and Exchange Commission (SEC) adopted amendments to the share repurchase disclosure rules that require the disclosure of daily share repurchase activity on a quarterly basis by domestic issuers…more

Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements, Investment Companies

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Bulletin Concurrence X - Paris │Octobre ● Novembre ● Decembre 2023

1. CONTENTIEUX - BISPHÉNOL A DANS LES CONTENANTS ALIMENTAIRES : PRÈS DE 20 MILLIONS D’EUROS DE SANCTIONS - Par une décision du 29 décembre 2023, l’Autorité de la concurrence (ci-après l’« Autorité ») a prononcé une…more

Appeals, Competition, Distributors, France, French Competition Authority

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HRSA and OIG Begin Recovery and Audits of the COVID-19 Funding Programs

The Health Resources and Services Administration (HRSA) reminded providers through a program update on Monday, June 5, 2023, that the Provider Relief Fund (PRF) and COVID-19 Uninsured Program (UIP) Terms and Conditions continue…more

Audits, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Health Care Providers

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CFTC Crackdown: Three DeFi Platforms Face Enforcement Actions

On September 7, 2023, the Commodity Futures Trading Commission (CFTC) simultaneously filed and settled charges against three decentralized finance (DeFi) platforms, signaling a significant step toward CFTC regulatory oversight…more

CFTC, Commodity Exchange Act (CEA), Cryptoassets, Decentralized Finance (DeFi), Enforcement Actions

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[Webinar] 2023 Enforcement Outlook Series | SEC Enforcement: Recent Trends and What to Expect - October 26th, 12:00 pm - 1:00 pm EDT

As we enter the final quarter of 2023, the US Securities and Exchange Commission (SEC) continues to maintain an aggressive enforcement agenda. Looking ahead to 2024, companies should expect more of the same. In this webinar,…more

Accounting, Clawbacks, Continuing Legal Education, Cooperation, Cybersecurity

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NYDFS Issues Proposed Guidance on AI and External Consumer Data Use

On January 17, 2024, the New York State Department of Financial Services (NYDFS) issued a proposed Circular Letter that provides guidance for authorized insurers using external consumer data and information sources (ECDIS) and…more

Artificial Intelligence, Data Use Policies, NAIC, New York, NYDFS

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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Health Care Enforcement Quarterly Roundup – Q1 April 2019

Introduction - In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in the…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), EHR, Enforcement Actions

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Neufassung der AIFM- und UCITS- Richtlinien

Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen…more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, EU, European Commission

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Congress Avoids the Fiscal ‘Cliff’—Now What?

The new federal tax bill establishes permanent income, estate, gift and generation-skipping transfer tax provisions that present additional planning opportunities for 2013 and beyond. …more

American Taxpayer Relief Act, Capital Gains, Charitable Donations, Estate Tax, Fiscal Cliff

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[Webinar] Tax in the City® - November 2nd, 11:30 am - 1:00 pm PDT

Recent tax proposals may bring significant changes to the US federal, international and state and local tax landscape. Join us for our first nationwide Tax in the City® program for a discussion on the key proposed changes…more

Business Taxes, Continuing Legal Education, Corporate Taxes, Federal Taxes, Income Taxes

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Change Healthcare Security Incident – Practicable Next Steps for Impacted Customers

The Change Healthcare ransomware attack presents potentially significant ramifications for hospitals, health systems, pharmacies and others that rely on the organization’s tools for healthcare payment, revenue cycle management,…more

Customers, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and…more

Business Associates, Covered Entities, Department of Health and Human Services (HHS), Enforcement, Enforcement Priorities

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California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction Tax…more

California, Constitutional Challenges, Digital Advertising Tax, Internet Retailers, Legislative Agendas

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Soaring New Heights: The IRS’s Crackdown of Aircraft Usage by Corporations and High-Income Earners

The Internal Revenue Service (IRS) has announced plans to initiate dozens of new audits this spring in an attempt to limit personal usage of corporate aircraft. These audits will focus primarily on “highest risk” corporations…more

Aircraft, Audits, Aviation Industry, Business Expenses, Employer Liability Issues

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[Webinar] 2024 Enforcement Outlook | Hot Topics and Emerging Trends in False Claims Investigations and Litigation - April 25th, 12:00 pm - 1:00 pm EDT

Join us for the next webinar in our Enforcement Outlook series, which will focus on the latest trends and hot topics surrounding the False Claims Act (FCA). Members of our White-Collar Practice Group will dive into how the FCA’s…more

Anti-Kickback Statute, Causation, Continuing Legal Education, Cooperation, Enforcement Priorities

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[Webinar] How to Take Advantage of Distressed Assets or Company Opportunities - March 25th, 2:00 pm ET

Is your private equity firm or company invested in or thinking about investing in distressed assets or businesses? If so, you won’t want to miss this complimentary, 1-hour webinar on the nuts and bolts of distressed…more

Business Development, Distressed Assets, Investment Funds, Investment Management, Investors

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Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations

The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association (PCMA) v. Mulready that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several…more

Appeals, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Medicare Advantage

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A Q&A and More Delay: IRS Begins to Issue Clarifying Guidance on SECURE 2.0 Provisions

In late December 2023, the Internal Revenue Service (IRS) issued Notice 2024-2 (the Notice), providing guidance on key provisions of the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0, which was passed in December 2022,…more

Benefit Plan Sponsors, Employee Benefits, IRS, Regulatory Reform, Regulatory Requirements

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Healthcare Preview for the Week of: April 15, 2024

While congressional debate and action will focus on aid to Israel this week, committees will continue to move forward their health agendas via hearings. The House Energy and Commerce Committee hearing on the Change Healthcare…more

Congressional Review Act, Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS)

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Site Neutral Payment Considerations: Site-of-Service Patterns Vary by Geography

Site neutral payment proposals are currently a key topic among policymakers. This +Insight explores how Medicare fee-for-service (FFS) site-of-service patterns vary across states and metropolitan statistical areas (MSAs). Our…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Reform, Hospitals, Medicare

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SEC Adopts Climate-Related Risk Disclosure Rules: What Public Companies, Executives and Investors Need to Know

The US Securities and Exchange Commission (SEC) adopted new climate-related risk disclosure rules on March 6, 2024, two years after the SEC proposed new climate-related disclosure rules and three years after the SEC first…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, IP License, Lanham Act

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Corona-Tests in Unternehmen, der Datenschutz und Besonderheiten der Bundesländer

Seit der letzten Änderung der SARS-CoV-2-Arbeitsschutzverordnung (Corona-ArbSchV), die am 23. April in Kraft getreten ist (und nach derzeitigem Stand bis 30. Juni 2021 gilt), müssen Unternehmen ihren Beschäftigten mindestens…more

Coronavirus/COVID-19, Data Protection, Employees, Employer Liability Issues, Employer Mandates

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[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following…more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost…more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

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Neuregelung der Mitteilungspflichten zum Transparenzregister

Mit Inkrafttreten des Transparenzregister- und Finanzinformationsgesetzes am 1. August 2021 werden viele Unternehmen in Deutschland erstmals tatsächlich Mitteilungen zum Transparenzregister machen müssen. Die Zahl der…more

EU, Failure to Comply, Financial Services Industry, Germany, International Finance

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California Law Requiring AG Notice for Retail Grocery and Pharmacy Transactions Now in Effect

On January 1, 2024, Assembly Bill 853 (AB 853) went into effect in California. It requires parties to a transaction involving retail grocery firms or retail drug firms to file a notice with the California attorney general 180…more

Business & Professions Code, California, Legislative Agendas, Licenses, New Legislation

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[Event] AI is Here to Stay: How Legal Departments Can Prepare - November 2nd, Chicago, IL

A recent Gartner poll found that 55% of organizations are using generative AI to drive their businesses, and 78% of executives surveyed believe the uses of generative AI outweigh the risks. Today’s in-house counsel must be ready…more

Artificial Intelligence, Business Strategies, Continuing Legal Education, Events, Policies and Procedures

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International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and…more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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International News: Focus on International Dispute Resolution

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation…more

28 U.S.C. § 1782, Acquisitions, Arbitration, Chile, China

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Shaping the Digital Future: The Newly Adopted EU Data Act and Its Impact

In the rapidly evolving digital landscape, the European Union’s Data Act (Data Act), adopted on November 27, 2023 marks a significant shift in data, privacy, and intellectual property regulation. The Data Act applies to…more

DATA Act, Data Protection, Data-Sharing, EU, EU Data Protection Laws

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New Obligations for German Transparency Register Now in Force

A core element of the new German Anti-Money Laundering Act (Geldwäschegesetz), which came into force on 26 June 2017, is the implementation of a transparency register in which beneficial owners of almost all companies, trusts…more

Anti-Money Laundering, Beneficial Owner, Germany, Limited Liability Company (LLC), Transparency

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[Webinar] Foreign Sponsors Breaking into the US Renewables Market: Challenges and Solutions - May 3rd, 12:30 pm ET

Join us for the Navigating the New Energy Landscape Webinar Series as we discuss foreign sponsors seeking to break into the US renewables market…more

Energy Market, Energy Projects, Energy Sector, Foreign Investment, Renewable Energy

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On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers…more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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Antitrust M&A Snapshot - Q3 2023

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)…more

Acquisitions, Antitrust Division, Competition, Enforcement, EU

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CMMC Level 2: The Good, The Bad and The Ugly

In this series of articles, we explore the different certification requirements of CMMC Levels 1, 2 and 3; the impact on contractors and external service providers; and proposed next steps... On December 26, 2023, the US…more

Certifications, Cloud Service Providers (CSPs), Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in…more

Automotive Industry, Buyers, Germany, Manufacturers, OEM

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OIG Pathology Lab: Don't Pay for Services You Don't Need

In September, the US Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable advisory opinion to a pathology laboratory concerning a proposed services arrangement with referring pathology…more

Advisory Opinions, Anti-Kickback Statute, Billing, Clinical Laboratories, Department of Health and Human Services (HHS)

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Healthcare Regulatory Check-up | December 2022

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between November 21 and December 31, 2022, including recent enforcement activity and a summary of the Office of Inspector…more

Anti-Kickback Statute, Audits, Clinical Laboratories, Coronavirus/COVID-19, Enforcement Actions

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COVID-19 Impact on Statutes of Limitations and Timing for Other Filings

To help potential litigants evaluate how various executive orders may impact their filing deadlines, we examine executive orders in New York, and other select states, tolling the statute of limitations. This article also…more

California, Coronavirus/COVID-19, Delaware, Executive Orders, Filing Deadlines

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

BACKGROUND: SECTION 367(D) Section 367(d) generally addresses outbound transfers of intangible property to a foreign corporation. It treats a US transferor that transfers intangible property subject to Section 367(d) as having…more

Fair Market Value, Foreign Corporations, Intangible Property, IRS, Liquidation

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New York State Administrative Procedures Act and Emergency Authority During COVID-19

New York State law allows agencies and departments to adopt certain rules on an emergency basis, without following the strict requirement of the State Administrative Procedures Act. These emergency regulations can be a powerful…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Governor Cuomo, New York

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Biden Administration Issues National Security Memorandum Shortly after the House Passes Three Bills Aimed at Cybersecurity in the Energy Industry

The federal government is seeking to increase cybersecurity in critical infrastructure industries through the implementation of a voluntary Industrial Control Systems Cybersecurity Initiative (Initiative), while the US House of…more

Biden Administration, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Electricity

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Count On It, Plural Term Means More Than One

The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board (Board) patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents. Apple…more

Appeals, Apple, Claim Construction, Claim Limitations, Obviousness

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Minnesota HF 4206 Targets Healthcare Provider Transactions

On February 22, 2024, the Minnesota state legislature introduced House Bill (HF) 4206, aiming to curb the acquisition of and control over certain healthcare providers by private equity companies and real estate investment trusts…more

Health Care Providers, Healthcare, Legislative Agendas, Private Equity Firms, Proposed Legislation

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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California AB 3129 Targets the Health Facility Transactions Approval Process

On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity groups…more

Acquisitions, California, Consent, Health Care Providers, Healthcare Facilities

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Trending in Telehealth: January 4 – 15, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the…more

Digital Health, Final Rules, Health Care Providers, Healthcare, Healthcare Reform

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[Virtual Conference] 2021 Cross-Border M&A and Private Equity Conference - September 29th, 12:15 pm - 4:45 pm CEST

McDermott is proudly sponsoring the 2021 Cross-Border M&A and Private Equity Virtual Conference (MUMAC) which will be held virtually, streamed live from the Bayerischer Hof in Munich. Sessions will include: - Keynote…more

Acquisitions, Coronavirus/COVID-19, Corporate Restructuring, Cross-Border Transactions, Foreign Investment

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New FTC, DOJ Merger Guidelines Create Challenges and Opportunities

The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023. These guidelines represent a significantly more enforcement-oriented…more

Acquisitions, Department of Justice (DOJ), Draft Guidance, Federal Trade Commission (FTC), Horizontal Merger Guidelines

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Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die…more

Collective Bargaining, Coronavirus/COVID-19, Corporate Governance, Data Protection, Employer Liability Issues

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HPE Miami 2023 | Fundraising in a Challenging Environment

During this session, Partner Luc Jansen moderated a panel that provided an overview of the current fundraising market and offered insights into which strategies are yielding successful outcomes…more

Capital Markets, Capital Raising, Coronavirus/COVID-19, EBITDA, Fund-raising

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Microsoft Scores Massive Win in California, Opens the Door for Others Nationwide

The Office of Tax Appeals (OTA) handed Microsoft an enormous win in its controversy with the California Franchise Tax Board (FTB) over the inclusion of qualifying dividends in the sales factor denominator for which it also…more

California, Dividends, Federal Taxes, Franchise Tax Board, Income Taxes

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Managing the Transition to Transformation: Changing the Dynamic: How Alternative Payment Systems Are Changing the Strategic Goals for Health System Providers

Introduction - The transition of the US health care payment system from fee-for-service (FFS) to alternative value-based, budget-based, episode or procedure-based (e.g., bundled) and/or population-based payment models…more

Alternative Payment Models (APM), Fee-for-Service, Health Care Providers, Hospitals, Medicare

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IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

BACKGROUND: SECTION 367(D) Section 367(d) generally addresses outbound transfers of intangible property to a foreign corporation. It treats a US transferor that transfers intangible property subject to Section 367(d) as having…more

Fair Market Value, Foreign Corporations, Intangible Property, IRS, Liquidation

See all updates »

Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost…more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

See all updates »

International News: Private Equity - December 2019

A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors. Digital health…more

CFIUS, Digital Health, Digital Services Tax, Global Dealmaking, Healthcare

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French and US Bankruptcy Sales Compared

For global creditors, bidders and other interested parties, the jurisdictional differences in bankruptcy proceedings is an issue that should not be ignored. Dissimilarities in US and French bankruptcy law necessitate a keen…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors, Distressed Assets

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Supreme Court Tackles Tax-Related Cases

The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the…more

Administrative Procedure Act, Affiliated-Business Arrangements, Appeals, Bob Richards Rule, Consolidated Tax Returns

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Gategroup: What’s the Fuss About?

This article summarises the findings of the High Court in Re gategroup Guarantee Limited [2021] EWHC 304 (Ch) (Re gategroup Guarantee Limited) and provides a view of its effects on the cross-border application of the…more

Bonds, Coronavirus/COVID-19, Corporate Insolvency and Governance (CIG) Act 2020, Cross-Border, EU

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Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen…more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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Special Report - Funding Employer-Sponsored Group Health Coverage: The Group Captive Solution - November 2023

Employer-sponsored health insurance covers almost 159 million non-elderly US workers and their dependents, and employees and jobseekers alike view group health coverage as the single most important non-cash job-related benefit…more

Affordable Care Act, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employees

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[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation on…more

Arbitration Agreements, Continuing Legal Education, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace does…more

Appeals, B&O Tax, Department of Revenue, Income Taxes, IRS

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Site Neutral Payment Considerations: Site-of-Service Patterns Vary by Geography

Site neutral payment proposals are currently a key topic among policymakers. This +Insight explores how Medicare fee-for-service (FFS) site-of-service patterns vary across states and metropolitan statistical areas (MSAs). Our…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Reform, Hospitals, Medicare

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported…more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

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Bundestag hat vorübergehende Aussetzung der Insolvenzantragspflicht beschlossen

Der Bundestag hat am 25. März 2020 den von der Bundesregierung eingebrachten Gesetzesentwurf zur Abmilderung der Folgen der COVID-19-Pandemie im Insolvenzrecht beschlossen. Die Entscheidung des Bundesrates ist für den 27. März…more

Commercial Bankruptcy, Coronavirus/COVID-19, Germany, Insolvency, Small Business Loans

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[Webinar] Critical Business Considerations for Life Sciences and Medical Device Companies Amid the COVID-19 Pandemic - April 17th, 12:00 pm - 2:00 pm ET

Life sciences and medical device companies are dealing with an unprecedented crisis. The industry is not only managing the impact of Coronavirus (COVID-19), they are also a solution provider. Companies are rapidly adapting…more

CARES Act, Clinical Trials, Coronavirus/COVID-19, Creditors, Crisis Management

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Insurance Regulators Continue Big Data Scrutiny

We previously reported on regulators’ increased attention to the use of big data systems, including external consumer data and information sources, algorithms and predictive models. Recent announcements in Colorado, Louisiana…more

Artificial Intelligence, Colorado, Data Collection, Data Privacy, Data Protection

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Mobility@McDermott: Monthly Update (09/2023)

1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations…more

Antitrust Division, Automotive Industry, Clean Energy, Competition, Competition Act

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Special Report - Digital Token Offerings And Sales Under Regulation S

Since the inception of Bitcoin in 2009, certain digital tokens (often referred to as cryptocurrencies) have been popularized as secure, decentralized and private alternatives to government-controlled currencies. More recently,…more

Blockchain, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Regulation S

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations…more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the…more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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Weekly IRS Roundup April 8 – April 12, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 8, 2024 – April 12, 2024. April 8, 2024: The IRS released Internal Revenue Bulletin 2024-15, which…more

Child Tax Credit, Dependent Care, Earned Income Credit, Excise Tax, Fair Market Value

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Antitrust M&A Snapshot - Q3 2023

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)…more

Acquisitions, Antitrust Division, Competition, Enforcement, EU

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FDA Proposes Rule to Update Clinical Trial Data Monitoring

On February 13, 2024, the US Food and Drug Administration (FDA) issued draft guidance entitled Use of Data Monitoring Committees in Clinical Trials (Draft Guidance). It provides sponsors and others involved in clinical trial…more

Clinical Trials, Comment Period, Data Protection, Draft Guidance, Food and Drug Administration (FDA)

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Illinois’ Invest in Kids Tax Credit

Overview- Illinois’ July 2017 Revenue Bill for the 2018 fiscal year included the Invest in Kids Act (Act), which creates a new program, effective January 1, 2018, that provides up to $75 million in income tax credits for…more

Income Taxes, Scholarships, Students, Tax Credits

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Merely Articulating a Goal Does Not Provide Reasonable Expectation of Success

The US Court of Appeals for the Federal Circuit affirmed a district court non-obviousness decision, finding that a prior art reference that articulates a goal without explaining how that goal is achieved does not provide a…more

America Invents Act, Clinical Trials, Food and Drug Administration (FDA), Patents, Pharmaceutical Patents

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Remuneration? Not If It’s Fair Market Value, Says Eleventh Circuit

Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by…more

Amended Complaints, Anti-Kickback Statute, Department of Health and Human Services (HHS), Fair Market Value, False Claims Act (FCA)

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Mobility@McDermott: Monthly Update (03/2024)

1. Leasing provider liable for behavior of car dealership employees in court case relating to vehicle purchase option after end of leasing agreement - When a customer decides to lease a vehicle offline, the first point of…more

Artificial Intelligence, Car Dealerships, Cybersecurity, EU, Germany

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The Evolution of Cross-Border Restructuring Processes

It’s a small world, and particularly for global companies considering restructuring. Transactions rely increasingly on international synergies. Are you up to date on the details of cross-border processes? Mark Fine, Bradley…more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Creditors, Cross-Border Transactions

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Medicare Coverage of Wegovy Raises Questions Regarding the Affordability and Accessibility of Novel Medications

Last week, the Centers for Medicare & Medicaid Services (CMS) announced that it would allow health plans under Medicare Part D (the Medicare prescription drug benefit) to cover Wegovy and other weight-loss medications if they…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA), Material Adverse Change Clauses (MACs)

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International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the…more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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CMS Interoperability and Prior Authorization Rule Significantly Impacts Payers’ Approval and Denial Practices

On January 17, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the CMS Interoperability and Prior Authorization final rule (Final Rule) (fact sheet, CMS’ interoperability website), which aims to improve prior…more

Application Programming Interface (APIs), Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Denial of Insurance Coverage, Federally Facilitated Exchanges

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Clear as Mud: Defined Benefit Plan Liability with Facility Sales, Restructurings and Cessations

In certain cases of a facility sale, restructuring or cessation, recently released information by the Pension Benefit Guaranty Corporation (PBGC) leaves many unanswered questions about plan sponsor liability for single-employer…more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Executive Compensation, Retirement

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International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and…more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

See all updates »

Gender-Affirming Benefits: Best Practices for Group Health Plans

Federal legislative and regulatory activity related to employer-sponsored group health plans shows no signs of slowing, particularly with the issuance of interpretive guidance regarding the transparency and surprise-billing…more

Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Employer Liability Issues, Health Insurance

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Mobility@McDermott: Monthly Update - 7/2023

1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank in…more

Automotive Loans, Banking Sector, Borrowers, Consumer Lenders, Electric Vehicles

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International Legal Highlights Korea | July 2022

UNDERSTANDING CONSTRUCTION RISK ON INFRASTRUCTURE INVESTMENTS - Private investment in infrastructure, especially renewable energy projects, is surging across the globe. In fact, total new investment in renewable energy hit an…more

Antitrust Division, Coronavirus/COVID-19, Cryptocurrency, Department of Justice (DOJ), Energy Projects

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Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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European Commission Seeks Comments on Revised Horizontal Guidelines Draft

On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well as…more

Anti-Competitive, Antitrust Provisions, Art, Comment Period, EU

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A Brief Overview of California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act SB 54

Materials Covered by the Law SB 54 applies to single-use packaging that is routinely recycled, disposed of or discarded after its contents have been used or unpackaged. This includes items that are typically not refilled or…more

California, Environmental Policies, FIFRA, Penalties, Plastics

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Ordinary Meaning: “Identifying” Doesn’t Mean Detecting; It Means Identifying

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decisions finding one set of challenged claims patentable and another set of challenged claims in the same patent unpatentable. The Court…more

Appeals, Claim Construction, Evidence, Patent Litigation, Patent Trial and Appeal Board

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International News: International Tax

Health Care Private Equity Investments in India - A flurry of recent private equity (PE) investments in the Indian health care sector demonstrates strong investor appetite and opportunities. India is one of the fastest…more

Cross-Border, GILTI tax, Health Care Providers, India, North Korea

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Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations

The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association (PCMA) v. Mulready that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several…more

Appeals, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Medicare Advantage

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Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported…more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

See all updates »

[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,…more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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Indiana Enacts New Law Requiring Notice of Healthcare Transactions

On March 13, 2024, Indiana enacted Senate Bill No. 9, which establishes that the Office of the Indiana Attorney General must receive prior written notice of certain transactions involving Indiana healthcare entities. This new…more

Acquisitions, Healthcare, Investment, Investors, Mergers

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SEC Adopts Final Rules Concerning SPAC Initial Public Offerings and de-SPAC Transactions

On January 24, 2024, the US Securities and Exchange Commission (SEC) adopted final rules (Final Rules) related to initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and business combination…more

Final Rules, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Congressional Committee Takes Historic Step Toward Decriminalizing Marijuana

For the first time in American history, a congressional committee approved a marijuana legalization bill. On November 20, 2019, after more than two hours of debate, the House Judiciary Committee approved the Marijuana…more

Congressional Committees, Congressional Investigations & Hearings, Controlled Substances Act, Decriminalization of Marijuana, Expungement

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[Hybrid Event] Deal Academy 2023 – Photovoltaik - April 19th, Frankfurt/Main, Germany

Wir laden Sie wieder herzlich zu unserer McDermott Deal Academy ein – persönlich in Frankfurt und gleichzeitig virtuell per Live-Stream. Dieses Mal zum Thema Photovoltaik. Unsere Real Estate-, Fonds- und Steuer-Experten möchten…more

Asset Management, Banks, Contract Drafting, Energy Projects, Energy Sector

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Stakeholders Request Changes to Proposed Information Blocking Disincentives for Healthcare Providers

The public comments are in! The Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) are now reviewing the 136 comments they received on a proposed reg…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Health Information Technologies

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Policy Update - CMS Releases CY 2024 Physician Fee Schedule Final Rule

On November 2, 2023, the Centers for Medicare & Medicaid Services (CMS) released the calendar year (CY) 2024 Revisions to Payment Policies Under the Physician Fee Schedule (PFS) and Other Revisions to Medicare Part B…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Medicare, Medicare Part B

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[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare…more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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[Webinar] Trust & Estate Controversy Forum – Spring Session - June 10th, 9:00 am - 11:00 am PDT

Our latest interactive webinar focuses on multi-faceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they arise,…more

Beneficiaries, Continuing Legal Education, Estate Claims, Estate Planning, Fiduciary

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Vertrieb von geschlossenen Fonds – Zur Notwendigkeit von Widerrufsbelehrungen nach dem BGB

Beim Vertrieb von Investmentfonds und der Ausgestaltung der Fondsdokumentation sind Hinweise auf Widerrufsrechte zu beachten. Dies gilt nicht nur bei Publikumsfonds, sondern auch bei Spezialfonds, falls diese an „Verbraucher“…more

Civil Code, Closed-End Funds, EU, Germany, Investment Funds

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REAL ESTATE UPDATE: Verordnungen zur Sicherung der Energieversorgung

ZUSAMMENFASSUNG UND FAQS FÜR GEWERBLICHE VERMIETER UND MIETER - Anlässlich der weltpolitischen Entwicklungen hat die Bundesregierung zwei Verordnungen zur Sicherung der Energieversorgung über kurzfristig wirksame Maßnahmen…more

Commercial Buildings, Commercial Property Owners, Commercial Real Estate Market, Energy Sector, Germany

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[Event] HPE NYC 2023 - October 13th, New York, NY

HPE NYC 2023 is going to be the best yet! Connect with and gain insights from top executives, innovative founders and visionary investors who are leading the charge in healthcare private equity. Expect in-depth plenary…more

Digital Health, Disclosure Requirements, Events, Health Care Providers, Healthcare Facilities

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Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current…more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Healthcare Regulatory Check-Up Newsletter - May 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for May 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act (FCA)…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Mandates

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California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction Tax…more

California, Constitutional Challenges, Digital Advertising Tax, Internet Retailers, Legislative Agendas

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California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary…more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

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Litigating Lending Agreements During and in the Aftermath of a Pandemic

As Coronavirus (COVID-19) continues to ravage the nation’s health and economy, in-progress deals are being reassessed by buyers, sellers and lenders. We review a number of issues that parties to financed transactions should…more

Borrowers, Construction Loans, Coronavirus/COVID-19, Damages, Force Majeure Clause

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FCC Requires Consent for AI-Generated Cloned Voice Calls

On February 8, 2024, the Federal Communications Commission (FCC) issued a Declaratory Ruling banning robocalls and robotexts using artificial intelligence (AI)-generated cloned voices. Effective immediately, under the FCC’s…more

Artificial Intelligence, FCC, Robocalling, TCPA, Telecommunications

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Antitrust M&A Snapshot - Q3 2023

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)…more

Acquisitions, Antitrust Division, Competition, Enforcement, EU

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Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt beverages)…more

Ambiguous, Appeals, Beer, Contract Interpretation, Department of Justice (DOJ)

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[Webinar] Cutting Through the COVID-19 Chaos: Bullet-Proofing Your Estate Plan - June 2nd, 1:00 pm - 2:00 pm ET

Nobody wants their plans frustrated or ignored by their beneficiaries, the courts or even the executors and trustees left in charge. Half a dozen new and emerging processes and laws now allow fairly easy modifications to those…more

Beneficiaries, Continuing Legal Education, Coronavirus/COVID-19, Estate Planning, Executors

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Massachusetts Provides Flexibility for Ch. 180 Corporation Governance During COVID-19

In April 2020, Massachusetts enacted emergency legislation that eases certain corporate governance requirements for the duration of the Commonwealth’s state of emergency, declared by the Governor on March 10, 2020, and for 60…more

Articles of Incorporation, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to…more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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California Governor Signs Landmark Legislation That Gives Bargaining Power to Nonunionized Fast-food Workers

On September 5, 2022, California Governor Gavin Newsom signed landmark legislation aimed at further regulating the working conditions and wages of California’s fast- food workers. This bill has immediate impact on certain…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, California, Consumer Price Index, Department of Industrial Relations

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Proposed Regulations Provide New Rules for Allocating and Apportioning Foreign Income Taxes Relating to Disregarded Payments

On November 12, 2020, the US Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published proposed regulations (REG-101657-20) (the “2020 Proposed Regulations”) in the Federal Register that contain a…more

Foreign Tax, Foreign Tax Credits, IRS, New Rules, Proposed Regulation

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France’s Renewable Energy Acceleration Bill Removes Barriers to Project Development

On February 8, 2023, the French Senate voted for the adoption of the Renewable Energy Acceleration Bill (Projet de loi relatif à l’accélération de la production d’énergies renouvelables) which was first introduced in September…more

Energy Projects, Energy Sector, France, Renewable Energy

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Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient

In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation…more

Bacardi, Class Action, Criminal Liability, Dismissals, Federal Food Drug and Cosmetic Act (FFDCA)

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Cartel Corner - July 2023

In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal…more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions, EU

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The Impact of the New EU AI Act on the Medtech and Life Sciences Sector

As technology continues to advance almost every aspect of healthcare, so the use of AI has become an increasing focus for developers and the regulators who are racing to keep pace with rapid advancements in technology. …more

Artificial Intelligence, Cybersecurity, Data Management, EU, European Parliament

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Key Takeaways | Post-Uri Hedge Products for Storage and Renewables

During the latest webinar in our Energy Transition series, Partners Robert Lamkin and Jacob Hollinger hosted Louis Martinsen, vice president, origination at Boston Energy Trading and Marketing, for a 30-minute discussion…more

Energy Market, Energy Projects, Energy Sector, Energy Storage, Hedges

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[Webinar] Cutting Through The Chaos: Off the Beaten Path: 6 Not-So-Obvious Planning Ideas - September 2nd, 1:00 pm - 2:00 pm EDT

Join McDermott presenters Timothy Halleron, Richard Lang and Carlyn McCaffrey as they describe six not-so-obvious planning ideas. In certain situations these creative planning techniques may be more effective than the usual…more

Continuing Legal Education, Estate Planning, Family Offices, Financial Planning, Private Trust Companies

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[Webinar] Navigating the New Energy Landscape - Impact on Oil & Gas - June 6th, 12:30 pm ET

Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for Impact on Oil & Gas where we will discuss the impact of the Inflation Reduction Act and…more

Clean Energy, Energy Market, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Blockchain Tokens: The SEC Staff Issues Its Framework for Determining Whether an ICO is an Issuance of Securities

In its long-awaited guidance, the Staff of the Securities and Exchange Commission recently provided a lengthy list of factors to consider when determining whether an initial coin offering (ICO) is a security. While the Framework…more

Blockchain, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

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Voluntary Dismissal Does Not Preclude Attorney’s Fees under Rule 54(d)

The US Court of Appeals for the Federal Circuit vacated a district court’s denial of attorney’s fees, finding that voluntary dismissal with prejudice constituted a final judgment for the purposes of FRCP Rule 54(d) under Ninth…more

Appeals, Patents, Rule 54, Voluntary Dismissals

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Healthcare Regulatory Check-Up Newsletter | December 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for December 2023. We discuss several civil and criminal enforcement actions that involve alleged violations of the False Claims…more

Advisory Opinions, Anti-Kickback Statute, Clinical Trials, Department of Health and Human Services (HHS), False Claims Act (FCA)

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Delaware Court of Chancery Upholds Identity-Based Voting Within Single Class of Stock

A recent opinion from the Delaware Court of Chancery reaffirmed a Delaware corporation’s ability to create a class of stock with voting power that is based on a formula in the certificate of incorporation (Charter) or on facts…more

Business Litigation, Controlling Stockholders, Corporate Governance, Shareholder Votes, Shareholders

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Inside M&A - Summer 2013

A Closer Look at Leveraged Dividend Recapitalizations - With merger and acquisition activity down over the course of 2012 into 2013, and a weak market for initial public offerings (IPOs), many private equity firms have…more

Collateralized Loan Obligations, Debtors, Dividends, Financing, Leveraged Loans

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Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in…more

Automotive Industry, Buyers, Germany, Manufacturers, OEM

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The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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DOJ Prosecutes Attempted Collusion Among Business Competitors for First Time in Decades

On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when the…more

Anti-Competitive, Antitrust Division, Collusion, Criminal Prosecution, Department of Justice (DOJ)

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HPE Miami 2023 | Trends and Developments in Fund Finance: Oh My!

During this session, Partner Anh Lee moderated a panel that provided key insights on current fund financing trends, including the latest in net asset value (NAV) facilities…more

Borrowers, Financial Services Industry, Financing, Investment Funds, Investment Management

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CPPA Releases Proposed Updates to CCPA Regulations and Unveils New Draft Privacy Assessment and ADM Rules

On February 23, 2024, the California Privacy Protection Agency (CPPA) released proposed updates to the California Consumer Privacy Act (CCPA) regulations and draft updates to the Risk Assessment and Automated Decisionmaking…more

Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Privacy Laws, Regulatory Agenda

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California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to…more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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IRS Leans “Green”: Much-Awaited Section 45V Guidance Creates New Opportunities for Hydrogen Markets

On December 22, 2023, the Internal Revenue Service (IRS) published long-awaited proposed regulations for hydrogen tax credits under Internal Revenue Code (Code) Sections 45V and 48. The proposed regulations address many gating…more

Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Investment Tax Credits

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Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care?

The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the…more

Commercial Contracts, Energy Sector, Louisiana, Mineral Leases, Oil & Gas

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Annual EU Competition Review 2018

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU rendered…more

Antitrust Litigation, Antitrust Provisions, Cartels, Competition, Competition Authorities

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[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore…more

Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Applications, Copyright Infringement

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So bereiten sich Arbeitgeber auf die elektronische Arbeitsunfähigkeitsbescheinigung vor

Am 1. Januar 2023 ist es so weit – die elektronische AU-Bescheinigung kommt (endlich) auch ins Unternehmen. Bislang waren lediglich Ärztinnen und Ärzte verpflichtet, die Daten zur AU-Bescheinigung elektronisch weiterzugeben. Ab…more

Health Insurance, Information Requests, Sick Leave, Wages

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DOJ Formalizes Guidelines, Incentives for Corporate Self-Disclosure Through New Policy Directive for US Attorneys’ Offices

On February 24, 2023, the US Department of Justice (DOJ) rolled out a corporate self-disclosure policy (the Policy) to be applied by all 93 US Attorneys’ Offices throughout the country. The details of the Policy—which formalizes…more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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2023 Annual Health Report: Healthcare Private Equity

Private equity investment in healthcare reached an all-time high in 2022, with reports putting the overall deal value at a staggering $151 billion. But 2023 is shaping up to be a very different year, with investors pulling back…more

Bankers, Capital Markets, Healthcare, Inflation Adjustments, Interest Rates

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Erbbaurecht kompakt I McDermott stellt Ihnen die wesentlichen Themen und Regelungen sowie die aktuelle Rechtsprechung vor

Das Erbbaurecht spielt in der Praxis der Immobilienwirtschaft eine bedeutende Rolle. Für Immobilieninvestoren, Projektentwickler sowie für die öffentliche Hand wird es daher immer entscheidender sich mit dem Inhalt, der…more

Germany, Investors, Land Registries, Leaseholds, Property Owners

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Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case

On August 10, 2022, a petition for writ of certiorari filed by Whirlpool Financial Corporation & Consolidated Subsidiaries and Whirlpool International Holdings S.a.r.l. & Consolidated Subsidiaries (collectively, Whirlpool) was…more

Amicus Briefs, Appeals, Foreign Earned Income, Internal Revenue Code (IRC), Luxembourg

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President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the…more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Key Takeaways | Outlook for Competitive Power in 2022

On February 2, Neil Levy and David Tewksbury, partners in McDermott’s Energy Regulatory, Markets & Reliability Practice Group, hosted Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), for an…more

Carbon Emissions, Energy Market, Energy Projects, Energy Sector, FERC

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Cartel Corner - July 2023

In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal…more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions, EU

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2020 Health Antitrust Year in Review

The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,…more

Antitrust Division, Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Healthcare

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CMS Announces New GUIDE Model for People Living with Dementia and Their Caregivers

The US Centers for Medicare & Medicaid Services (CMS) recently announced a new, voluntary and nationwide test model designed to support two rapidly growing demographic groups: people living with dementia, and their unpaid…more

Caregivers, Centers for Medicare & Medicaid Services (CMS), Dementia, Healthcare, Healthcare Reform

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All the Way Up to the Second Circuit, and Back

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment made prior to discovery, holding that the district court abused its discretion in finding a draft contract agreement admissible under Federal…more

Abuse of Discretion, Appeals, Compensation, Discovery, Fair Share Contribution

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Soaring New Heights: The IRS’s Crackdown of Aircraft Usage by Corporations and High-Income Earners

The Internal Revenue Service (IRS) has announced plans to initiate dozens of new audits this spring in an attempt to limit personal usage of corporate aircraft. These audits will focus primarily on “highest risk” corporations…more

Aircraft, Audits, Aviation Industry, Business Expenses, Employer Liability Issues

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Automotive Finance Update: Aktualisiertes Merkblatt Der Bafin Zu Finanzierungsleasing

Die BaFin hat kürzlich ihr Merkblatt zur aufsichtsrechtlichen Einordnung von Finanzierungs-leasing aktualisiert. In seiner neuen Fassung ist das Merkblatt nun besser strukturiert und hinsichtlich einiger Aspekte eindeutiger…more

Automotive Industry, Automotive Loans, Financing, German Banking Act, Money Transfer

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[Webinar] Digital Health Venture Series, Part 2: Preparing Your Start-Up for the Funding Process - December 15th, 1:00 pm - 2:00 pm EDT

The unique business opportunities created by digital health companies can carry heightened regulatory risks. As investors increase their focus on the digital health sector and as digital health companies engage in more complex…more

Business Opportunities, Capital Raising, Data Rights, Digital Health, Health Care Providers

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NYDFS Finalizes Amendments to Cybersecurity Regulation Impacting Financial Services Companies

On November 1, 2023, the New York Department of Financial Services (NYDFS) amended Part 500, the cybersecurity regulation. These updates follow numerous NYDFS enforcement actions and other new cybersecurity rules, such as the…more

Board of Directors, Corporate Governance, Corporate Management, Covered Entities, Cybersecurity

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A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were…more

Corporate Misconduct, Criminal Prosecution, Former Employee, Former Employer, New Legislation

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Coronavirus Impact on Private M&A Terms

The Coronavirus (COVID-19) pandemic is bringing unprecedented disruption to the private M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to…more

Acquisitions, Coronavirus/COVID-19, Due Diligence, Mergers

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[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This…more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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Whirlpool Update: New Filings and Distribution for Supreme Court Conference

On November 2, 2022, the Supreme Court of the United States announced that the case of Whirlpool Financial Corp., et al., Petitioners v. Commissioner of Internal Revenue, No. 22-9, has been distributed for consideration at its…more

IRS, Petition for Writ of Certiorari, SCOTUS, U.S. Treasury

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A Q&A and More Delay: IRS Begins to Issue Clarifying Guidance on SECURE 2.0 Provisions

In late December 2023, the Internal Revenue Service (IRS) issued Notice 2024-2 (the Notice), providing guidance on key provisions of the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0, which was passed in December 2022,…more

Benefit Plan Sponsors, Employee Benefits, IRS, Regulatory Reform, Regulatory Requirements

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New PCI DSS 4.0 Will Impact the Digital Health and Healthcare Industries

The healthcare industry – particularly the digital health industry – is increasingly becoming monetized and using an e-commerce model through direct interactions with the customer to accept credit card payments. This innovation…more

Credit Cards, Digital Health, Healthcare, Payment Systems, PCI-DSS Standard

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[Webinar] Compliance AI + Smart Lawyering: Maximizing Data to Stay Ahead of the DOJ’s Key Enforcement Areas - July 20th, 12:00 pm - 1:00 pm EDT

The US Department of Justice (DOJ) now has more ammunition and resources than ever to use data analytics in their investigations. The convergence of better technology, increasingly usable data sets, and the ripe combination of…more

Analytics, Antitrust Division, Antitrust Violations, Artificial Intelligence, Compliance

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Caution for Nonprofits Doing Business with Insiders: IRS Revokes 501(c)(3) Status Based on Management Company Relationship

Picture a 1,000-piece jigsaw puzzle of a frightening image with a single piece missing. No matter which piece is missing, the image is still frightening. Now picture the same jigsaw puzzle with 400 pieces missing. The image may…more

Board of Directors, Charitable Organizations, IRS, Tax Exempt Entities, Tax Exemptions

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California DOJ Plans to Use Cartwright Act to Revive Criminal Enforcement Efforts

On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s…more

Antitrust Division, California, Cartwright Act, Corporate Governance, Criminal Prosecution

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Healthcare Regulatory Check-up Newsletter | June 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for June 2023. We discuss several civil enforcement actions involving false claims, the Anti-Kickback Statute (AKS) and patient…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), Emerging Technologies, Enforcement Actions

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[Webinar] Navigating the New Energy Landscape - Impact on Oil & Gas - June 6th, 12:30 pm ET

Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for Impact on Oil & Gas where we will discuss the impact of the Inflation Reduction Act and…more

Clean Energy, Energy Market, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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When Insureds, Intermediaries and Business Partners File for Bankruptcy: Key Points for Non-US Insurers

“Bankruptcy is about financial death and financial rebirth. Bankruptcy is the great American story rewritten. We’re a nation of debtors.” -Elizabeth Warren Amid the Coronavirus (COVID-19) pandemic and related economic…more

Bankruptcy Code, Bankruptcy Court, Business Partners, Chapter 11, Chapter 7

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Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over…more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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Strong Signal: Personal Jurisdiction Over Foreign Defendant Based on Confluence of Factors

The US Court of Appeals for the Fifth Circuit concluded that a district court had personal jurisdiction over a foreign defendant’s website that purposefully targeted a US-based audience. DISH Network, LLC v. Bassam Elahmad, Case…more

Appeals, Copyright, Copyright Litigation, Dish Network, DMCA

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New Foreign Tax Credit Rules May Warrant Restructuring Foreign Branches

The 2017 Tax Act added a separate foreign tax credit limitation category, or basket, for income earned in a foreign branch. As a result, certain US groups may be limited in their ability to use foreign income taxes paid or…more

Federal Taxes, Foreign Tax, Foreign Tax Credits, Tax Credits

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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OIG Final Rule Expands OIG Enforcement Authority to Grant and Contract Fraud

On June 27, 2023, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a final rule amending OIG’s civil money penalty (CMP) regulations implementing the 21st Century Cures Act (Cures…more

21st Century Cures Act, Amended Rules, CMP Law, Corporate Misconduct, Department of Health and Human Services (HHS)

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Six Takeaways from Wind Turbine Vendor Update: A Conversation with GE Renewable Energy

McDermott hosted GE Renewable Energy North America Services Sales Leader Ben Stafford, Commercial Director of Onshore Wind for the North Region Rob Bienick and Commercial Director of Onshore Wind for the West Region Matt Lynch…more

Construction Industry, Coronavirus/COVID-19, Energy Projects, Energy Sector, General Electric

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DOJ Doubles Down on Corporate Enforcement With New Whistleblower Program

During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier this month, US Attorney General (AG) Merrick Garland, US Deputy Attorney General (DAG) Lisa Monaco,…more

Department of Justice (DOJ), Enforcement Actions, Financial Institutions, Money Laundering, Securities and Exchange Commission (SEC)

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Unveiling the Chaos: Rogue Filings at Companies House and the Quest for Reform

Companies House, the UK’s official company register, has recently come under the spotlight due to a series of rogue filings that have affected over 190 companies, including several high-profile organizations such as Sainsbury’s,…more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Enforcement Actions

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DOJ and OIG Actions: 2023 Enforcement Trends Recap

This report reviews notable areas for government enforcement actions during 2023 that were discussed in our monthly Healthcare Regulatory Check-Up reports. In the past year, we saw the relevant federal government enforcement…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Special Report - 2022 FDA Year in Review

As the United States’ primary public health and consumer protection agency, the US Food and Drug Administration (FDA) regulates at least one quarter of the nation’s economy and exerts significant influence over global economies…more

Biologics, Clinical Laboratory Testing, Clinical Trials, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA)

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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OTA Finds CDTFA’s Audit Methodology Arbitrary

In Appeal of Colambaarchchi (OTA Case No. 21017152; 2023-OTA-302), a California-based retailer was audited by the California Department of Tax and Fee Administration (CDTFA) for years 2016 through 2019. Upon audit, CDTFA…more

Audits, California, Income Taxes, Sales Tax, Tax Appeals

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COVID-19 – Contingency Planning Checklist for Private Equity Portfolio Companies

Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and authorities…more

Acquisitions, Business Interruption, Capital Markets, Commercial Insurance Policies, Contract Terms

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A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,…more

Covered Entities, Data Privacy, Data Protection, Disclosure Requirements, Enforcement

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Creating a Cyber Volunteer Force: Strategy and Options

Critical infrastructure and essential services in the United States—especially small or rural service providers—are highly vulnerable to disruptions from cyber attacks. Given the ever-growing need for cybersecurity services in…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Incident Response Plans, Nonprofits

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Virtual Care Advancement | Outlook on CHRONIC Care Act and Other Federal Legislation

The Senate’s unanimous passage of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S.870) on September 26th is an encouraging step forward for modernizing telehealth access…more

Chronic Care Managment (CCM), Health Care Providers, Medicare, Outpatient Prospective Payment System (OPPS), Telehealth

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Design and Execution of a Cross-border Deal

Efficiently executing a cross-border transaction requires experience, pragmatism and a specialized skill set. We have closed transactions in more than 75 countries for buyers and sellers across the full spectrum of dealmaking,…more

Cross-Border Transactions, Disclosure Requirements, Financial Reporting, Jurisdiction, Rollover Equity

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[Webinar] Physician Alignment in Hospital/PPM Joint Ventures in 2024: A McDermott and Chartis Roundtable - January 18th, 12:00 pm - 1:00 pm ET

Hospitals and health systems are looking to improve the financial performance of their physician practices, and investor-backed physician practice management (PPM) companies have sophisticated practice management capabilities…more

Health Care Providers, Healthcare Facilities, Hospitals, Investors, Joint Venture

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2023 IP Outlook: Developments in Trademark and Copyright Process and Procedure

Throughout 2022, the procedural rules of the US Patent and Trademark Office (PTO) and the newly formed Copyright Claims Board (CCB) underwent several developments. The PTO outlined a new administrative process for addressing…more

Copyright, Copyright Office, Corporate Counsel, Fraud, New Rules

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Federal Court of Justice Tightens Data Room Disclosure Requirements for Sellers, M&A Advisors and Other Parties

I. Usual exclusion of liability for facts disclosed in the data room - In corporate acquisitions, the following market standard has become established for limiting the seller’s liability: A seller’s liability for a breach of…more

Acquisitions, Buyers, Disclosure Requirements, Documentation, Electronic Transaction

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[Webinar] Novità Fiscali Fine 2020 - January 21st, 3:00 pm - 5:00 pm CET

Proseguendo una consuetudine dello Studio, che ha sempre raccolto l’interesse e l’approvazione da parte Vostra, abbiamo organizzato, quest’anno in formato webinar, un incontro sulle principali novità fiscali recentemente…more

Business Assets, Business Taxes, Corporate Taxes, Foreign Corporations, Income Taxes

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Preparing for Evolving Cybersecurity Threats

The recent ransomware attack against the Duvel Moortgat Brewery demonstrated the very real risk that cybersecurity incidents pose to the alcohol industry, reportedly halting operations for several days at four of Duvel…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Data Protection

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New Limits to the UK SFO's Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations

On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office (SFO) did not have the authority under Section 2(3) of the Criminal Justice Act 1987 (the 1987 Act) to compel a foreign…more

Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), International Organizations

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International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the…more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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IRS Announces 2024 Employee Benefit Plan Limits

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2024. Certain health and welfare plan limits…more

401k, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Health and Welfare Plans

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Landmark UK Supreme Court Ruling Strikes a Blow to Litigation Funding

On 26 July 2023, the UK Supreme Court gave judgment in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others. By a majority of four to one, the Supreme Court held that litigation funding…more

Judicial Discretion, Litigation Fees & Costs, Litigation Funding, Third Party Funding, UK

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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International News: Focus on Private Equity

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by taking…more

Abuse of Dominance, China, Corruption, Data Privacy, Data Protection

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Caution for Nonprofits Doing Business with Insiders: IRS Revokes 501(c)(3) Status Based on Management Company Relationship

Picture a 1,000-piece jigsaw puzzle of a frightening image with a single piece missing. No matter which piece is missing, the image is still frightening. Now picture the same jigsaw puzzle with 400 pieces missing. The image may…more

Board of Directors, Charitable Organizations, IRS, Tax Exempt Entities, Tax Exemptions

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Corporate Transparency Act: Key Considerations for Virtual Care Providers

As of January 1, 2024, the US Corporate Transparency Act (CTA) requires corporations, limited liability companies, limited partnerships and other similar entities to disclose beneficial ownership information to the Financial…more

Beneficial Owner, Corporate Transparency Act, Filing Requirements, FinCEN, Health Care Providers

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We…more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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[Event] HPE NYC 2023 - October 13th, New York, NY

HPE NYC 2023 is going to be the best yet! Connect with and gain insights from top executives, innovative founders and visionary investors who are leading the charge in healthcare private equity. Expect in-depth plenary…more

Digital Health, Disclosure Requirements, Events, Health Care Providers, Healthcare Facilities

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DOJ Demonstrates Commitment to COVID-19-Related Healthcare Enforcement with New Criminal Charges

On April 20, 2022, the US Department of Justice (DOJ) announced a nationwide coordinated law enforcement action focused on COVID-19-related healthcare fraud. In total, DOJ brought criminal charges against 21 individuals,…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Corporate Executives, Criminal Prosecution, Department of Health and Human Services (HHS)

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IRS Announces 2023 Employee Benefit Plan Limits

The Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the Social…more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Cost-of-Living Adjustment (COLA)

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US Federal Agencies Commit to Regulatory Enforcement of AI Systems

In a recent joint statement, several federal agencies warned that they will commit to enforcing their separate regulations against developers, deployers and users of AI systems, specifically citing civil rights, fair…more

Artificial Intelligence, Automation Systems, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Enforcement Actions

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[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation on…more

Arbitration Agreements, Continuing Legal Education, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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New Illinois Protections Against Patient Medical Debt May Also Help Reduce Hospital Bad Debt

Starting in mid-2024, Illinois hospitals will be required to take a much more active role in limiting consumers’ medical debt by screening all consenting uninsured patients for both public health insurance program coverage and…more

Affordable Care Act, Debt, Debt Collection, Enforcement Actions, Financial Regulatory Reform

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Focus on Private Equity - Issue 2, June 2013

In This Issue: - Avoiding Repricing Pitfalls - America Invents Act: Practical Considerations for Portfolio Companies. - Excerpt from Avoiding Repricing Pitfalls: Perhaps it is no more than a result of a…more

America Invents Act, Covered Business Method Patents, First-to-File, Patent Reform, Patents

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[Webinar] Family Office Tax Series: Compensation Strategies - February 27th, 1:00 pm - 2:00 pm EST

Taxes can have a significant impact on family offices, influencing decisions around structure, investing and overall planning strategies. McDermott’s Family Office Tax webinar series explores the latest trends and guidance on…more

Carried Interest, Continuing Legal Education, Deferred Compensation, Employee Retention, Family Offices

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[Event] 2023 J.P. Morgan Healthcare Conference - January 10th, San Francisco, CA

Come together with key decision-makers, innovators and investors from across the healthcare, life sciences and private equity (PE) industries during the year’s largest healthcare investment symposium…more

Biopharmaceutical, Digital Health, Events, Health Care Providers, Health Technology

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Is Evidence of All Claimed Elements in Prior Art Enough? Not Without Motivation to Combine

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that disclosure in the prior art of all recited claim elements across multiple references, without more, does…more

Appeals, Evidence, Expert Testimony, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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New Compliance Obligations for PACE Organizations Coming in 2025

On April 4, 2024, the Centers for Medicare & Medicaid Services (CMS) issued a final rule and press release revising the regulations governing the Medicare Advantage (MA) Program, Medicare Prescription Drug Benefit Program, and…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Medicaid, Medicare

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Circuit Split Remains Unresolved After ERISA Case Settles

On September 20, 2018, the US Supreme Court dismissed—pursuant to settlement—an ERISA lawsuit that could have resolved the circuit split over who holds the burden of proof in ERISA breach of fiduciary duty cases. In Pioneer…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP, Retirement Plan

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CMMC Level 2: The Good, The Bad and The Ugly

In this series of articles, we explore the different certification requirements of CMMC Levels 1, 2 and 3; the impact on contractors and external service providers; and proposed next steps... On December 26, 2023, the US…more

Certifications, Cloud Service Providers (CSPs), Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC)

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[Webinar] Private Client Virtual Forum | CryptoTrustees – Estate Planning & Cryptocurrency - June 17th, 10:00 am - 11:00 am PDT

Join us as we discuss the issues facing trustees and individuals holding cryptocurrency or seeking to invest in cryptocurrency. We will explore the evolving regulatory environment as well as evolving estate planning…more

Continuing Legal Education, Cryptocurrency, Digital Assets, Estate Planning, Investors

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[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

See all updates »

April 2024: UK Employment Law Changes Take Effect

Now that spring has sprung, early April 2024 sees the introduction of a number of important changes to employment laws in the UK. In summary, these include: - Expansion of the existing right to request flexible working - New…more

Corporate Counsel, Employee Benefits, Employees, Employer Liability Issues, International Labor Laws

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TTB Label Approval System Survives First Amendment Challenge from DC Brewery

I. Factual Background - During the 34-day government shutdown occurring between December 2018 and January 2019, producers and importers of beer, wine and distilled spirits needing label approval to bring new products to…more

Beer, Beverage Manufacturers, Breweries, COLA, Distilleries

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[Webinar] 2024 Enforcement Outlook | Hot Topics and Emerging Trends in False Claims Investigations and Litigation - April 25th, 12:00 pm - 1:00 pm EDT

Join us for the next webinar in our Enforcement Outlook series, which will focus on the latest trends and hot topics surrounding the False Claims Act (FCA). Members of our White-Collar Practice Group will dive into how the FCA’s…more

Anti-Kickback Statute, Causation, Continuing Legal Education, Cooperation, Enforcement Priorities

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[Ongoing Program] Session 4: IP Litigation - September 28th, 10:00 am - 11:00 am KST

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot see…more

Automotive Industry, Forum, FRAND, Intellectual Property Litigation, Intellectual Property Protection

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[Webinar] 2024 Enforcement Outlook | Hot Topics and Emerging Trends in False Claims Investigations and Litigation - April 25th, 12:00 pm - 1:00 pm EDT

Join us for the next webinar in our Enforcement Outlook series, which will focus on the latest trends and hot topics surrounding the False Claims Act (FCA). Members of our White-Collar Practice Group will dive into how the FCA’s…more

Anti-Kickback Statute, Causation, Continuing Legal Education, Cooperation, Enforcement Priorities

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HPE Miami 2023 | Current Issues and Trends in Purchase Agreement Negotiations and Rep & Warranty Insurance

During this session, Gregory Metz, partner and co-head of McDermott’s Private Equity Practice Group, and Partner Michael McStay moderated a panel that discussed current issues and trends in purchase agreement negotiations and…more

Acquisitions, Buyers, Financing, Healthcare, Insurance Industry

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The Hidden Value of Assets in the United Kingdom: Are You Making the Most of Your Real Estate?

Traditional trading businesses naturally focus primarily on their operating business, but often are unaware of the relatively simple options available to ensure they are making the most of their real estate assets. In a…more

Coronavirus/COVID-19, Ground Leases, Leaseback, Real Estate Market, Sales

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Chicago Employees to Receive 10 Days of Paid Leave

As of December 31, 2023, all employees physically working in Chicago for at least two hours in a two-week period will earn both one hour of paid leave and one hour of paid sick leave for every 35 hours worked, pursuant to an…more

Employee Benefits, Employer Liability Issues, Employment Policies, New Legislation, Paid Leave

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。 本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。…more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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New York City’s Wage Transparency Law to Take Effect November 1, 2022

On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Navigating Data Privacy Questions Post-Dobbs

The US Supreme Court’s recent decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization has raised many questions about potential efforts by law enforcement agencies to obtain data from healthcare and…more

Abortion, Biden Administration, Data Collection, Data Privacy, Department of Health and Human Services (HHS)

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HPE Miami 2023 | Current Issues and Trends in Purchase Agreement Negotiations and Rep & Warranty Insurance

During this session, Gregory Metz, partner and co-head of McDermott’s Private Equity Practice Group, and Partner Michael McStay moderated a panel that discussed current issues and trends in purchase agreement negotiations and…more

Acquisitions, Buyers, Financing, Healthcare, Insurance Industry

See all updates »

Update on Tax, Investment Funds and Real Estate Law - The VAT Exemption for Alternative Investment Funds Is Coming Soon

Management services for alternative investment funds (AIFs) will be free from value-added tax (VAT) starting in 2024. This is good news for Germany as a fund location because there will finally be alignment with the more…more

EU, Exemptions, Financial Regulatory Reform, Germany, Investment Adviser

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Conseil d’Etat Delivers Long-Awaited Clarity on Regulation of Veterinary Clinics

In a noteworthy (and long-awaited) set of case laws issued on July 10 2023, the Conseil d’Etat delivered four rulings on the shareholding and governance rules applicable to veterinary companies (Nos. 442911 and 452448), and on…more

Animal Health, Corporate Governance, France, Investment Management, Regulatory Requirements

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SEC Adopts Final Rules Concerning SPAC Initial Public Offerings and de-SPAC Transactions

On January 24, 2024, the US Securities and Exchange Commission (SEC) adopted final rules (Final Rules) related to initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and business combination…more

Final Rules, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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2023 IP Outlook: Trademark and Copyright Supreme Court Update

Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes…more

Copyright, Corporate Counsel, First Amendment, Intellectual Property Protection, Lanham Act

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Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE – What’s Next?

The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the…more

Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Health Care Providers

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Deadlines for the Adoption of Clawback Policies Extended

On June 9, 2023, the US Securities and Exchange Commission (SEC) approved amendments to clawback policy listing standards proposed by the New York Stock Exchange (NYSE) and the Nasdaq Stock Market LLC (Nasdaq) that extend the…more

Clawbacks, Listing Standards, Nasdaq, NYSE, Regulatory Reform

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New York Withdraws Proposed Market Conduct Regulations for PBMs, Adopts Licensure Rules

On October 31, 2023, the New York State Department of Financial Services (DFS) released a notice withdrawing its proposed market conduct rules for pharmacy benefit managers (PBMs). The proposed rules, announced August 16, 2023,…more

Acquisitions, Consumer Protection Laws, Cybersecurity, Licensing Rules, New York

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CMS Announces New GUIDE Model for People Living with Dementia and Their Caregivers

The US Centers for Medicare & Medicaid Services (CMS) recently announced a new, voluntary and nationwide test model designed to support two rapidly growing demographic groups: people living with dementia, and their unpaid…more

Caregivers, Centers for Medicare & Medicaid Services (CMS), Dementia, Healthcare, Healthcare Reform

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FDA Issues Final Guidance on Informed Consent in Clinical Investigations

On August 15, 2023, the US Food and Drug Administration (FDA) finalized Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors (final guidance). This document finalizes, with new examples and limited updates…more

Clinical Trials, Coronavirus/COVID-19, Food and Drug Administration (FDA), Healthcare, Informed Consent

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OTA Finds CDTFA’s Audit Methodology Arbitrary

In Appeal of Colambaarchchi (OTA Case No. 21017152; 2023-OTA-302), a California-based retailer was audited by the California Department of Tax and Fee Administration (CDTFA) for years 2016 through 2019. Upon audit, CDTFA…more

Audits, California, Income Taxes, Sales Tax, Tax Appeals

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CMS Releases Guidance on Coverage Criteria, Use of AI and More

On February 6, 2024, the US Centers for Medicare & Medicaid Services (CMS) released a set of frequently asked questions (FAQs) related to Medicare Advantage (MA) coverage criteria and utilization management (UM) requirements…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Healthcare Reform

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[Webinar] Hedge Fund Legal & Compliance Roundtable - March 3rd, 4:30 pm - 5:30 pm EST

Join us for a virtual roundtable discussion regarding the changing securities regulatory and enforcement landscape. The election of Joe Biden and his subsequent nomination of Gary Gensler as the next chairman of the US…more

Biden Administration, Compliance, Enforcement Actions, Hedge Funds, Insider Trading

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Washington Legislature Passes My Health My Data Act

Washington State’s My Health My Data Act (the Act), which is working its way through the reconciliation process after the Washington Senate and House passed different versions of the Act, is ultimately expected to be signed into…more

Carve Out Provisions, DATA Act, Data Controller, Enforcement, Exemptions

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This Week in 340B: April 2 – April 8, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Appeals, Federal Trade Commission (FTC), Medicare, Medicare Advantage, Pharmaceutical Industry

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[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to…more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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This Week in 340B: March 26 – April 1, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Covered Entities, Cross Motions, Healthcare, HRSA, Medicare

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April 2024: UK Employment Law Changes Take Effect

Now that spring has sprung, early April 2024 sees the introduction of a number of important changes to employment laws in the UK. In summary, these include: - Expansion of the existing right to request flexible working - New…more

Corporate Counsel, Employee Benefits, Employees, Employer Liability Issues, International Labor Laws

See all updates »

Investment Opportunities in 2024

In November, McDermott Will & Emery was pleased to host our annual European Health & Life Sciences Symposium in Paris. Welcoming a large crowd of healthcare professionals, investors and dealmakers for a programme of insightful…more

Algorithms, Artificial Intelligence, Big Data, EU, Health Information Technologies

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Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used…more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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Preparing for Evolving Cybersecurity Threats

The recent ransomware attack against the Duvel Moortgat Brewery demonstrated the very real risk that cybersecurity incidents pose to the alcohol industry, reportedly halting operations for several days at four of Duvel…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Data Protection

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Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some…more

Benefit Plan Sponsors, Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues

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The AI Act: The EU’s Bid to Set the Global Standard for AI Regulation

In a groundbreaking move, the European Union has launched its bid to set the new comprehensive standard for the regulation of artificial intelligence (AI) with the European Parliament passing the EU AI Act on March 13, 2024…more

Artificial Intelligence, Corporate Counsel, Enforcement, EU, General Data Protection Regulation (GDPR)

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The EU Artificial Intelligence Act: What's the Impact?

The EU Artificial Intelligence Act (or “AI Act”) is the world’s first legislation to regulate the use of AI. It leaves room for “technical soft law”; but, inevitably (being the first and being broad in scope), it will set…more

Artificial Intelligence, China, Code of Conduct, Data Privacy, Data Security

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[Webinar] Cutting Through the COVID-19 Chaos: Strategies for Investing in Private Funds in Uncertain Times - June 25th, 1:00 pm - 2:00 pm ET

Join a team of McDermott corporate partners for an interactive discussion on investor considerations and hurdles arising from the current investing landscape when making investments in private equity and hedge funds, such…more

Accredited Investors, Continuing Legal Education, Coronavirus/COVID-19, Hedge Funds, Investment Funds

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AML/BSA Compliance Deadline Approaching for Private Trust Companies

On September 15, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that requires state chartered non-depository trust companies, including private trust companies (PTCs), to implement anti-money…more

Anti-Money Laundering, BSA/AML, Comptroller, FinCEN, Investment Trust Companies

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[Webinar] Employee Benefits Changes in 2024: New Requirements for Part-time Employees and Independent Contractors - March 7th, 1:00 pm - 2:00 pm EST

If you employ part-time workers and/or engage independent contractors, sit up and take note: 2024 will bring significant changes to how you manage your workforce. The US Department of Labor’s revised Independent Contractor Rule…more

401k, 403(b) Plans, Affordable Care Act, Continuing Legal Education, Department of Labor (DOL)

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[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following…more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

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On the stand with Justin Murphy

A former federal prosecutor, Justin Murphy represents corporate and individual clients involved in government enforcement cases, including complex antitrust matters, fraud allegations and all phases of white-collar criminal and…more

Department of Justice (DOJ), Federal Prosecutors, Investigations, Litigation Strategies

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DOJ Revamps Corporate Criminal Enforcement Policies with Continued Emphasis on Compliance

At a September 15, 2022, speech at New York University School of Law, US Deputy Attorney General (Deputy AG) Lisa Monaco announced several new policies intended to further the aggressive stance the US Department of Justice (DOJ)…more

Cooperation, Corporate Counsel, Corporate Governance, Corruption, Criminal Investigations

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[Webinar] 2022 Labor & Employment Legal Update - December 7th, 10:00 am - 11:30 am PST

Following a whirlwind year, that included a transition to a new presidential administration and a constantly evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we will…more

Continuing Legal Education, Coronavirus/COVID-19, Criminal Background Checks, Duty to Bargain, Employer Liability Issues

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An Update on the UK Trust Registration Service

On 6 October 2020, the Fifth Money Laundering Directive ((EU) 2018/843) (MDL5)) was implemented to reinforce the United Kingdom’s money laundering regime. This had the effect of tremendously broadening the scope of the types of…more

Compliance, HMRC, Money Laundering, Registration Requirement, Reporting Requirements

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[Webinar] Data License Agreement Litigation – What You Need to Know - October 28th, 12:30 pm - 1:30 pm EDT

Data license agreements have been a hot ticket item of the digital health market and are here to stay. With the exponential growth in licensed data, including de-identified patient data, data license agreement litigation and…more

Asset Protection, California Consumer Privacy Act (CCPA), Commercial Litigation, Contract Disputes, Contract Drafting

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CMS Issues Medicare Drug Price Negotiation Initial Guidance, First Inflation Rebate List

On March 15, 2023, the Centers for Medicare and Medicaid Services (CMS) issued initial program guidance related to implementation of the Medicare Drug Price Negotiation Program. CMS requested public comments on selected portions…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part B

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Quarterly Sanctions Update | Q1 2024

The European Union and the United Kingdom continue to tighten sanctions against Russia, particularly in the wake of the second anniversary of Russia’s invasion of Ukraine and the sudden death of Russian opposition leader Alexei…more

Asset Freeze, Economic Sanctions, EU, Foreign Policy, Imports

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HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy…more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

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California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction Tax…more

California, Constitutional Challenges, Digital Advertising Tax, Internet Retailers, Legislative Agendas

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The PPP Turns Four: Lessons Learned and What Lies Ahead

Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved…more

Audits, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Federal Loans

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How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat

Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference to…more

Benefit Plan Sponsors, Chevron Deference, Department of Health and Human Services (HHS), Department of Labor (DOL), Employees

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DOL Issues Final Electronic Disclosure Rule for Retirement Plans

Under the final rule published by the US Department of Labor on May 21, 2020, retirement plan administrators can choose to deliver required disclosures electronically by complying with the conditions of a new safe harbor. The…more

Department of Labor (DOL), Disclosure Requirements, Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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COVID-19 Considerations for Private Investment Funds

The recent coronavirus pandemic presents significant challenges for private investment fund sponsors. Navigating these challenges requires proactively addressing risks and thoughtfully considering the following issues..…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

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New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973…more

Americans with Disabilities Act (ADA), Department of Health and Human Services (HHS), Department of Justice (DOJ), Disabilities, Healthcare

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COVID-19 Considerations for Private Investment Funds

The recent coronavirus pandemic presents significant challenges for private investment fund sponsors. Navigating these challenges requires proactively addressing risks and thoughtfully considering the following issues..…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

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Filing a Protective Refund Claim (With a Moore Angle)

In this article, we discuss some basic considerations for preparing a protective refund claim. These considerations are particularly relevant for taxpayers whose statutes of limitations for refund claims are expiring soon and…more

16th Amendment, Class Action, Constitutional Challenges, Income Taxes, IRS

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[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore…more

Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Applications, Copyright Infringement

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International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for…more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Update zur Gasbeschaffungsumlage und Ausblick auf die Notfallstufe des Notfallplans Gas

Die Höhe der Gasbeschaffungsumlage wurde am 15. August 2022 mit 2,419 Cent pro kWh festgelegt. Drohen Letztverbrauchern neben dem allgemeinen Preisanstieg und diesen Mehrkosten noch weitere Beeinträchtigungen?…more

EU, Gas Prices, Germany, Oil & Gas

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No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements

The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R. §§…more

Administrative Procedure Act, Appeals, Arbitrary and Capricious, Domicile, Intellectual Property Litigation

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Whirlpool Update: New Filings and Distribution for Supreme Court Conference

On November 2, 2022, the Supreme Court of the United States announced that the case of Whirlpool Financial Corp., et al., Petitioners v. Commissioner of Internal Revenue, No. 22-9, has been distributed for consideration at its…more

IRS, Petition for Writ of Certiorari, SCOTUS, U.S. Treasury

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Lowest-risk Clinical Trials Will Benefit From a New Notification Scheme and a Shorter Period for Application Processing

On 12 October 2023, the Medicines and Healthcare products Regulatory Agency (the MHRA) announced that the healthcare and life sciences sector will benefit from a new streamlined notification scheme for lowest-risk clinical…more

Clinical Trials, EU, Life Sciences, Medicines and Healthcare Products Regulatory Agency (MHRA), Pharmaceutical Industry

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UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a…more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

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HHS Publishes New Rights of Conscience Final Rule

Several federal laws protect the “rights of conscience” of federally funded healthcare entities and healthcare providers and prohibit recipients of federal funds from requiring individuals to participate in actions that they…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Final Rules, Healthcare, OCR

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Lowest-risk Clinical Trials Will Benefit From a New Notification Scheme and a Shorter Period for Application Processing

On 12 October 2023, the Medicines and Healthcare products Regulatory Agency (the MHRA) announced that the healthcare and life sciences sector will benefit from a new streamlined notification scheme for lowest-risk clinical…more

Clinical Trials, EU, Life Sciences, Medicines and Healthcare Products Regulatory Agency (MHRA), Pharmaceutical Industry

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CMMI Proposes New Mandatory Episode-Based Payment Model

Last week, the Centers for Medicare & Medicaid Services (CMS) released the Fiscal Year 2025 Inpatient Prospective Payment System (IPPS) proposed regulation. This 1,900+ page annual reg updates Medicare payments and policies for…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Comment Period, Health Care Providers, Healthcare

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[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare…more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating…more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some…more

Benefit Plan Sponsors, Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues

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[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore…more

Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Applications, Copyright Infringement

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[Webinar] Deal Academy 2020 | Immobilien Deals in Krisenzeiten - October 28th, 10:00 am - 11:00 am CET

Wir laden Sie auch in diesem Jahr wieder herzlich zu unserer McDermott Deal Academy ein – 2020 als interaktives Online-Seminar. Mit unseren Experten aus den Bereichen Real Estate, Regulatory und Restructuring wollen wir wieder…more

Asset Management, Banking Sector, Buyers, Coronavirus/COVID-19, Default

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Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant even…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Inventions, Inventors

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FDA Clears First OTC Continuous Glucose Monitor

On March 5, 2024, the US Food and Drug Administration (FDA) granted clearance to market the first over-the-counter (OTC) continuous glucose monitor (CGM). Dexcom’s Stelo Glucose Biosensor System (Stelo) is an integrated CGM…more

Digital Health, Food and Drug Administration (FDA), Health Technology, Life Sciences, Medical Devices

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Healthcare Regulatory Check-Up Newsletter | December 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for December 2023. We discuss several civil and criminal enforcement actions that involve alleged violations of the False Claims…more

Advisory Opinions, Anti-Kickback Statute, Clinical Trials, Department of Health and Human Services (HHS), False Claims Act (FCA)

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AML/BSA Compliance Deadline Approaching for Private Trust Companies

On September 15, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that requires state chartered non-depository trust companies, including private trust companies (PTCs), to implement anti-money…more

Anti-Money Laundering, BSA/AML, Comptroller, FinCEN, Investment Trust Companies

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Trending in Telehealth: January 22 – 29, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the…more

Digital Health, Final Rules, Interstate Compacts, Legislative Agendas, Medicaid

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Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed

On November 22, 2023, the US Securities and Exchange Commission (SEC) issued an order postponing the effective date for the new share Repurchase Rule (88 Fed. Reg. 36002 (June 1, 2023)) pending further SEC action. The SEC’s…more

Corporate Governance, Form 10-K, Proposed Rules, Publicly-Traded Companies, Repurchases

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Die elektronische Signatur in der mietrechtlichen Vertragspraxis

Mietverträge einfach, schnell und rechtssicher elektronisch abschließen? Bislang eine eher seltene Ausnahme. Wir stellen die gesetzlich vorgesehenen Möglichkeiten vor – sowohl für den Abschluss von Mietverträgen als auch für…more

Commercial Contracts, Digital Signature Standards, E-SIGN, E-Signatures, Electronic Communications

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New Antidumping & Countervailing Duty Petitions on Certain Aluminum Foil

On September 29, 2020, a petition was filed seeking antidumping (AD) duties on Certain Aluminum Foil (CAF) from Armenia, Brazil, Oman, Russia and Turkey, and countervailing (CVD) duties on imports of CAF from Oman and Turkey…more

Aluminum Sales, Anti-Dumping Duty, Armenia, Brazil, CAF

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European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference…more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

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Florida Passes Bill to Incentivize Affordable Housing Development

In March 2023, Florida Governor Ron DeSantis signed Senate Bill 102, also known as the Live Local Act (the Act), into law. The bill surpasses historical records for the state, represents the largest investment in housing…more

Affordable Housing, Florida, Governor DeSantis, Housing Developers, Housing Market

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ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the…more

Administrative Law Judge (ALJ), Appeals, Design Patent, Domestic Industry Requirement, Intellectual Property Litigation

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[Webinar] US Taxation of Grantor/Non-Grantor Trusts - June 24th, 3:00 pm BST

Astrid Owen leads this interactive webinar to discuss the US taxation of US beneficiaries and US settlors of non-US trusts. The benefit of using non-US grantor trusts established by a non-US person for US beneficiaries cannot…more

Beneficiaries, Estate Planning, Foreign Trusts, Grantor Trusts, Income Taxes

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Final Comment Period Anticipated Next Week for Emergency Regulations on California’s New Healthcare Transaction Notice Law

On November 28, 2023, California’s Office of Health Care Affordability (OHCA) published a notification of proposed emergency regulatory action indicating that OHCA is planning to submit the proposed regulations to the Office of…more

California, Comment Period, Healthcare, Healthcare Reform, Proposed Regulation

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Annual European Competition Review 2020

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There…more

Cartels, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), EU, European Commission

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Hospital at Home - CMS Expands Payments to Hospitals for Care Provided in Patient Homes

On April 30, 2020, the Centers for Medicare and Medicaid Services (CMS) published an interim final rule (IFR) that made regulatory changes and clarified certain policies in response to the Coronavirus (COVID-19) public health…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Interim Final Rules (IFR), Medicaid

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Google It: Federal Copyright Law Preempts California Causes of Action

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law…more

Appeals, Copyright, Copyright Litigation, Dismissals, Google

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Litigation Pacing During the Pandemic

How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which…more

Commercial Litigation, Coronavirus/COVID-19, Depositions, Dispute Resolution, Electronic Filing

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President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the…more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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PTO Stands by Patent Fee Increases

The US Patent & Trademark Office (PTO) issued a notice of rulemaking announcing proposed patent fee increases beginning next year. 89 Fed. Reg. 23226 (April 3, 2024). The proposed increases are generally consistent with the…more

Patent Fees, Patent Filings, Patents, USPTO

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Minnesota HF 4206 Targets Healthcare Provider Transactions

On February 22, 2024, the Minnesota state legislature introduced House Bill (HF) 4206, aiming to curb the acquisition of and control over certain healthcare providers by private equity companies and real estate investment trusts…more

Health Care Providers, Healthcare, Legislative Agendas, Private Equity Firms, Proposed Legislation

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A Socially Distanced Ceremony: Virtual Execution of Estate Planning Documents

Remote witnessing and notarization is quickly becoming the new normal for executing estate planning documents. Instead of an in-person meeting, a witness or notary who is outside the physical presence of the signatory uses…more

Coronavirus/COVID-19, England, Estate Planning, Governor Cuomo, Governor DeSantis

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US Department of Commerce Solicits Public Comment on Section 232 Investigation into the Effect of Imports of Neodymium Magnets on US National Security

The US Department of Commerce’s (Commerce) Bureau of Industry and Security has initiated an investigation under Section 232 of the Trade Expansion Act of 1962 to determine the effects on US national security from imports of…more

Biden Administration, China, Enforcement Actions, Imports, National Security

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[Event] European Health and Life Sciences Symposium 2023 - November 7th, Paris, France

We can't wait to see you in Paris at our second annual symposium. You'll meet with senior executives in the health, life sciences and private equity industries to identify new investment opportunities and position your company…more

Artificial Intelligence, Events, Financing, Health Care Providers, Health Information Technologies

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Medicare Coverage of Wegovy Raises Questions Regarding the Affordability and Accessibility of Novel Medications

Last week, the Centers for Medicare & Medicaid Services (CMS) announced that it would allow health plans under Medicare Part D (the Medicare prescription drug benefit) to cover Wegovy and other weight-loss medications if they…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA), Material Adverse Change Clauses (MACs)

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International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery and…more

Annulment, Antitrust Litigation, Business Interruption, EU, European Commission

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Need a Do-Over? IRS Expands and Updates Qualified Plans Correction Guidance

The Internal Revenue Service (IRS) issued Revenue Procedure 2021-30, which provides an updated version of the Employee Plans Compliance Resolution System (EPCRS). EPCRS is the IRS’s comprehensive program for plan sponsors to…more

Audits, Benefit Plan Sponsors, Corporate Counsel, Employee Benefits, EPCRS

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Still Tax, Even Without the Distributed Cash

The IRS recently issued guidance on the tax treatment, withholding and reporting for required distributions from tax-qualified retirement plans. Plan sponsors should contact their retirement vendors and trustees to ensure that…more

401k, Benefit Plan Sponsors, Employee Benefits, Income Taxes, Individual Retirement Account (IRA)

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum…more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Bitcoin-Halving steht vor der Tür

Nach der Zulassung von Krypto-ETF in den USA steht mit dem für Mitte April 2024 erwarteten Bitcoin-Halving demnächst ein weiteres Fundamental-Ereignis für die Krypto-Branche vor der Tür. Die Zulassung sogenannter Bitcoin-Spot…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, EU

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[Webinar] Addressing DOJ’s New Compliance Focus on Executive Compensation - April 20th, 2:00 pm - 3:00 pm ET

The new compliance focus on executive compensation, as announced by the US Department of Justice (DOJ) on March 3, 2023, has significant implications for how healthcare organizations address both corporate compliance and…more

Board of Directors, Clawbacks, Compliance Commitees, Corporate Executives, Department of Justice (DOJ)

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Montana Pump Fakes a Requirement for Money Transmitters

Against a backdrop of near-daily enforcement actions and constant regulatory changes, Montana inched into the fray by publishing a letter calling on money transmitters to make a submission to the Montana Department of Banking of…more

Banking Sector, Crypto Exchanges, Cryptocurrency, Financial Institutions, Money Transmitter

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[Webinar] Get Ready To Go Back To School: What You Might Have Missed This Summer In Data Privacy - September 29th, 1:30 pm - 2:30 pm CEST

We are delighted to welcome you to our next webinar “Get Ready to Go Back to School: What You Might Have Missed this Summer in Data Privacy” which will cover the following topics: - The Digital Services Act, Digital Market…more

Artificial Intelligence, Binding Corporate Rules, Data Privacy, Data-Sharing, Digital Service Providers

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Reforms to the Florida Patient Self-Referral Act: A Closer Look at the Impact of SB 768

Florida Senate Bill 768 (SB 768) amends the Florida Patient Self-Referral Act of 1992 (PSRA), which regulates financial arrangements between referring healthcare providers and providers of healthcare services. This amendment,…more

Billing, Florida, Health Care Providers, Healthcare, Healthcare Reform

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Key Takeaways | Clean Hydrogen Producers Get a Big Boost from the Inflation Reduction Act

Green hydrogen is a developing industry in the United States. The Inflation Reduction Act of 2022 (IRA), which includes $369 billion in energy and climate spending, even introduces a clean hydrogen production tax credit (PTC)…more

Clean Energy, Energy Sector, Energy Tax Incentives, Green Energy, Greenhouse Gas Emissions

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Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for…more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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The AI Act: The EU’s Bid to Set the Global Standard for AI Regulation

In a groundbreaking move, the European Union has launched its bid to set the new comprehensive standard for the regulation of artificial intelligence (AI) with the European Parliament passing the EU AI Act on March 13, 2024…more

Artificial Intelligence, Corporate Counsel, Enforcement, EU, General Data Protection Regulation (GDPR)

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CMS Announces New Voluntary Multi-Payer Primary Care Model in Eight States

The new MCP Model is a 10.5-year multi-payer model with three participation tracks that build upon previous primary care models. Colorado, Massachusetts, Minnesota, New Mexico, New Jersey, North Carolina, Washington and certain…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Health Care Providers, Healthcare, Healthcare Reform

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International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market volatility…more

Appeals, Bonds, Collaboration, Copyright Ownership, Coronavirus/COVID-19

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Optimizing Obviousness: Routine Optimization Can Fill in Prior Art Gaps

In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Motion to Amend, Patent Trial and Appeal Board, Pfizer

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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And We’re Back: New Jersey Kicks Off 2024 With New Consumer Privacy Law

On January 8, 2024, the New Jersey legislature passed the New Jersey Data Privacy Act (NJDPA). The bill, SB 332, will soon head to Governor Phil Murphy’s desk for signing. Assuming the bill is signed quickly, it will go into…more

Consumer Protection Laws, Data Controller, Data Protection, Enforcement Actions, New Jersey

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Design and Execution of a Cross-border Deal

Efficiently executing a cross-border transaction requires experience, pragmatism and a specialized skill set. We have closed transactions in more than 75 countries for buyers and sellers across the full spectrum of dealmaking,…more

Cross-Border Transactions, Disclosure Requirements, Financial Reporting, Jurisdiction, Rollover Equity

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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IRS Issues Final Regulations Concerning Withholding on Partnership Interest Transfers

The US Department of the Treasury and Internal Revenue Service (IRS) recently issued final regulations under section 1446(f), a provision enacted as part of the Tax Cuts and Jobs Act of 2017 (TCJA) that generally imposes a…more

Income Taxes, IRS, New Regulations, Partnership Interests, Partnerships

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Neuigkeiten zum neuen Heizungsgesetz / Änderung des Gebäudeenergiegesetzes

Nach der Entscheidung des Bundesverfassungsgerichts soll der Bundestag nun nach der parlamentarischen Sommerpause im September über das auch als Heizungsgesetz bezeichnete Gesetz “zur Änderung des Gebäudeenergiegesetzes, zur…more

Climate Action Plan, Climate Change, Energy Sector, Germany, Green Buildings

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International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the…more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over…more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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[Webinar] Getting The Deal Through: Navigating Antitrust Scrutiny Of Health System Deals And Beyond - November 12th, 12:00 pm ET

According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Federal Trade Commission (FTC)

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Bulletin Concurrence X - Paris │Octobre ● Novembre ● Decembre 2023

1. CONTENTIEUX - BISPHÉNOL A DANS LES CONTENANTS ALIMENTAIRES : PRÈS DE 20 MILLIONS D’EUROS DE SANCTIONS - Par une décision du 29 décembre 2023, l’Autorité de la concurrence (ci-après l’« Autorité ») a prononcé une…more

Appeals, Competition, Distributors, France, French Competition Authority

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New Amendments to ICSID Rules Come into Effect July 1, 2022

On July 1, 2022, the amended Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) (the 2022 Rules) will come into effect after being approved by the Member States on March 21, 2022..…more

Amended Regulation, Amended Rules, Arbitration, Arbitrators, Disclosure Requirements

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Can the IRS Assert IRC Section 6676’s Erroneous Refund Penalty on Protective Refund Claims?

We once again want to bring to your attention the Internal Revenue Service’s (IRS) new favorite penalty provision: Internal Revenue Code (IRC) Section 6676. We have reported on this provision several times before, but this time…more

Internal Revenue Code (IRC), IRS, Tax Audits, Tax Penalties, Tax Refunds

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Biden-Harris Administration’s Proposed Vehicle Pollution Standards Will Spur EV Adoption, Cut Nearly 10 Billion Tons of Co2 Emissions

As part of its push to transition the American automotive industry to electric vehicles (EVs), the Biden-Harris administration has proposed two new vehicle pollution standards. The first rule targets greenhouse emissions from…more

Automotive Industry, Biden Administration, Electric Vehicles, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA)

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HPE Miami 2023 | Preparing Your Company for a Transaction

The first session of HPE Miami 2023 put a spotlight on key considerations for founders as they navigate the pre-transaction process..…more

Buyers, Corporate Sales Transactions, Due Diligence, Healthcare, Investment Adviser

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PFOF Verbot

Die Bundesanstalt für Finanzdienstleistungsaufsicht („BaFin“) wird zunächst nicht gegen die Bezahlung von Wertpapierfirmen durch Dritte für die Weiterleitung von Kunden-Aufträgen (sog. Payment for Order flow („PFOF“)) vorgehen…more

BaFin, Banking Sector, Banks, EU, Financial Regulatory Reform

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[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This…more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This…more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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[Webinar] International Trade Compliance Update - October 19th, 9:30 pm ET

Join us on October 19 (ET), October 20 (CST) 2021 for a virtual event held jointly by Fangda Partners (China) and McDermott Will & Emery (US and Europe). In this webinar we will be focusing on recent international trade…more

Biden Administration, China, Economic Sanctions, EU, Executive Orders

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Pennsylvania Supreme Court Rules Coupon Amounts Are Not Subtracted from Sales Tax Base Unless Sales Receipt Adequately Describes Taxable Item and Coupon

Overturning a 6-1 en banc decision by the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court held that a coupon does not reduce the price upon which sales tax must be collected unless the coupon is adequately…more

Class Action, Coupons, Department of Revenue, En Banc Review, PA Supreme Court

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The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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Gender-Affirming Benefits: Best Practices for Group Health Plans

Federal legislative and regulatory activity related to employer-sponsored group health plans shows no signs of slowing, particularly with the issuance of interpretive guidance regarding the transparency and surprise-billing…more

Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Employer Liability Issues, Health Insurance

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Weekly IRS Roundup June 20 – June 23, 2023

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the shortened week of June 20, 2023 – June 23, 2023. (June 19 is a federal holiday.)..…more

Coronavirus/COVID-19, Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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Medicare Coverage of Wegovy Raises Questions Regarding the Affordability and Accessibility of Novel Medications

Last week, the Centers for Medicare & Medicaid Services (CMS) announced that it would allow health plans under Medicare Part D (the Medicare prescription drug benefit) to cover Wegovy and other weight-loss medications if they…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA), Material Adverse Change Clauses (MACs)

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International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to…more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Final Comment Period Anticipated Next Week for Emergency Regulations on California’s New Healthcare Transaction Notice Law

On November 28, 2023, California’s Office of Health Care Affordability (OHCA) published a notification of proposed emergency regulatory action indicating that OHCA is planning to submit the proposed regulations to the Office of…more

California, Comment Period, Healthcare, Healthcare Reform, Proposed Regulation

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Mexican Federal Government Submits Proposed 2022 Economic Plan

Last month, the Mexican federal government sent the proposed 2022 Economic Plan (the Proposal) to the Congress of the Union, which includes the 2022 Federal Budget, as well as the 2022 Revenue Law (Ley de Ingresos) and proposed…more

Capital Markets, Economic Action Plan, Federal Budget, Financing, Income Taxes

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Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award

The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act (FAA),…more

Appeals, Arbitration, Arbitration Awards, Badgerow v Walters, Enforcement

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Granholm Confirmed as Energy Secretary

Today, Jennifer Granholm was confirmed as secretary of energy, winning US Senate approval by a 64–35 vote. Granholm’s confirmation serves as another boost to President Joe Biden’s plan to tackle climate change and develop clean…more

Clean Energy, Climate Change, Confirmation Proceedings, Electric Vehicles, Energy Sector

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McDermottPlus Check-Up: April 17, 2024

House Energy & Commerce Health Subcommittee Holds Hearing on Cybersecurity. During the hearing, there was bipartisan concern about UnitedHealth Group’s response to the Change Healthcare cyberattack and consensus around the need…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Drug Pricing, GAO

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Biden Signs Executive Order to Boost Electric Vehicle Battery Supply and US Auto Supply Chains

On Wednesday, US President Joe Biden signed an Executive Order to create more resilient supply chains, with a special focus on supply chains affecting the US auto industry, including electric-vehicle batteries..…more

Battery, Biden Administration, Electric Vehicles, Executive Orders, Manufacturers

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[Webinar] Are You Ready for MiCAR? – Webinar on the Introduction to the new EU Crypto Regulation - March 5th, 5:00 pm - 6:00 pm CET

We are pleased to invite you to our webinar on the new regulation of crypto-assets in the EU (Markets in Crypto-Assets Regulation (MiCAR)), with a focus on the scope of MiCAR, licensing requirements and procedures, and…more

Cryptoassets, Digital Assets, EU, Licensing Rules, New Regulations

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[Event] European Health and Life Sciences Symposium 2023 - November 7th, Paris, France

We can't wait to see you in Paris at our second annual symposium. You'll meet with senior executives in the health, life sciences and private equity industries to identify new investment opportunities and position your company…more

Artificial Intelligence, Events, Financing, Health Care Providers, Health Information Technologies

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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Board Motives Matter: Delaware Supreme Court Remands Dilutive Stock Sale Case

The following case (link) should serve as a cautionary tale for directors of Delaware corporations when taking actions that may disenfranchise stockholders, especially in the election of directors. The Delaware Supreme…more

Appeals, Board of Directors, Controlling Stockholders, Corporate Governance, DE Supreme Court

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Coronavirus Impact on Private M&A Terms

The Coronavirus (COVID-19) pandemic is bringing unprecedented disruption to the private M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to…more

Acquisitions, Coronavirus/COVID-19, Due Diligence, Mergers

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CMS Finalizes Important Changes to Medicare Enrollment Requirements for Hospice, Home Health Providers

The US Centers for Medicare & Medicaid Services (CMS) finalized important changes to the Medicare enrollment regulations applicable to hospices and home health agencies (HHAs), including increasing the level of screening that…more

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

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This Week in 340B: April 9 – April 15, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…more

Breach of Contract, Covered Entities, Insurance Industry, Litigation Strategies, Medicare

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Significant Third-Party Discovery Too Complex for ITC Early Disposition Program

The US International Trade Commission (ITC) denied a proposed respondent’s request to use the early disposition program to determine whether a complainant met the domestic industry requirement in a Section 337 investigation. The…more

Discovery, Dispositions, International Trade Commission (ITC), Investigations, Section 337

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Final Comment Period Anticipated Next Week for Emergency Regulations on California’s New Healthcare Transaction Notice Law

On November 28, 2023, California’s Office of Health Care Affordability (OHCA) published a notification of proposed emergency regulatory action indicating that OHCA is planning to submit the proposed regulations to the Office of…more

California, Comment Period, Healthcare, Healthcare Reform, Proposed Regulation

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International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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Uncle Sam Can March In: Government Licenses Under Bayh-Dole Aren’t Subject to “Strict Timing Requirements”

In an appeal from the US Court of Federal Claims, the US Court of Appeals for the Federal Circuit affirmed a determination that 35 U.S.C. § 202(c)(4), a provision of the Bayh-Dole Act, operates to provide a license to the…more

Appeals, Bayh-Dole Act, Intellectual Property Protection, National Institute of Health (NIH), Patents

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SEC Imposes New Cybersecurity Disclosure Requirements

At an Open Meeting on July 26, 2023, the US Securities and Exchange Commission (SEC) adopted final rules and amendments that impose new cybersecurity-related disclosure requirements for public companies subject to the Securities…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Data Security

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Special Report - CMS Unwinds Waivers as the COvid-19 PHE Comes to an End

At the onset of the COVID-19 PHE, CMS was permitted to issue several temporary emergency statutory and regulatory waivers to help providers appropriately respond to the pandemic. On May 1, 2023, the Secretary released a memo…more

Acute Facilities, Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Supreme Court Unanimously Upholds Creditability of UK Windfall Tax

In a rare unanimous decision with potentially far-reaching impact on taxpayers claiming foreign tax credits, the Supreme Court of the United States ruled that a “windfall tax” imposed by the United Kingdom was creditable under…more

EU, SCOTUS, Windfall Tax

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[Event] Efficient and Early Resolutions: Best Practices to Resolve Disputes Sooner Rather than Later - October 13th, Chicago, IL

Today’s legal departments face increased litigation risk in certain areas and must seek to manage costs amidst economic pressures. Although resolving a case may be hard to swallow at times, it may be the best business decision…more

Best Practices, Continuing Legal Education, Corporate Counsel, Dispute Resolution, Events

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Update zum „Stechuhr“-Beschluss des BAG

Nach dem sog. „Stechuhr“-Beschluss des Bundesarbeitsgerichts („BAG“) vom 13. September 2022 (1 ABR 22/21), über welchen wir auf unserem Blog hier berichteten, wurde der volle Entscheidungstext zur bisher lediglich vorliegenden…more

Employees, Employer Liability Issues, EU, European Court of Justice (ECJ), Germany

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[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,…more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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Supreme Court Punts on Attorney-Client Privilege Question

In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal advice…more

Appeals, Appellate Courts, Attorney-Client Privilege, Dismissals, Dual Purpose

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The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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[Webinar] Trust & Estate Controversy Forum – Spring Session - June 10th, 9:00 am - 11:00 am PDT

Our latest interactive webinar focuses on multi-faceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they arise,…more

Beneficiaries, Continuing Legal Education, Estate Claims, Estate Planning, Fiduciary

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Watermelon Sugar: Candy Shape and Color Deemed Functional

The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are functional…more

Appeals, Federal Trademark Register, Functionality, Lanham Act, Trade Dress

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McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and…more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to…more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple lawsuits…more

Appeals, Attorney's Fees, Federal Rules of Civil Procedure, Patent Infringement, Patents

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Florida’s Extension of its COVID-19 Out-of-State Provider Waiver: A Sign of the Times

Background: Issuing Florida’s Emergency Order - On March 16, 2020, Florida Surgeon General Dr. Scott Rivkees signed, stamped and finalized Emergency Order 20-002. In doing so, Florida joined what would become the vast…more

Coronavirus/COVID-19, Emergency Orders, Florida, Health Care Providers, regulatory

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Key COVID-19 Developments and Guidance for Ambulatory Surgery Centers

As the Coronavirus (COVID-19) pandemic continues to impact the healthcare industry and the global economy, ambulatory surgery centers (ASCs) should be mindful of federal and state guidance impacting their daily work and revenue…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Elective Surgical Procedures, Government Lockdown

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The Hidden Value of Assets in the United Kingdom: Are You Making the Most of Your Real Estate?

Traditional trading businesses naturally focus primarily on their operating business, but often are unaware of the relatively simple options available to ensure they are making the most of their real estate assets. In a…more

Coronavirus/COVID-19, Ground Leases, Leaseback, Real Estate Market, Sales

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Eugh Vereinheitlicht Verfall Und Verjährung Im Urlaubsrecht

Urlaubsansprüche verjähren erst dann, wenn der Arbeitgeber seine Beschäftigten auf den Urlaubsanspruch hingewiesen und zur Urlaubsnahme aufgefordert hat – so der Europäische Gerichtshof mit Urteil vom gestrigen Tag (EuGH, Urt…more

Appeals, Compensation, European Court of Justice (ECJ), Holiday Leave, Holiday Pay

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The Game of Life: Winner Gets Everything Except Attorneys’ Fees

The US Court of Appeals for the First Circuit agreed with the trial court regarding the reasonableness of the plaintiff’s legal positions and found that the trial court did not abuse its discretion in denying the defendants, as…more

Appeals, Attorney's Fees, Copyright, Copyright Litigation, Intellectual Property Protection

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[Event] 2019 Trust & Estate Controversy Forum - September 18th-19th, Chicago, IL

McDermott Will & Emery invites you to attend our interactive trust and estate controversy program, which will focus on complex and multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and…more

Beneficiaries, Estate Planning, Events, Fiduciary Duty, Trusts

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HPE Miami 2023 | The Next Generation of PE and Hospital & Health System Collaboration

During this session, Partners Charlie Buck and Megan Rooney moderated a roundtable discussion on how and why partnerships between private equity and health systems develop and evolve and what the future holds for these creative…more

Collaboration, Health Care Providers, Healthcare, Healthcare Provider Corporations, Hospitals

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New York Issues Much-Anticipated Guidance on Taxation of Telecommuting Employees

Since the outset of the COVID-19 pandemic and work-from-home mandates, New York employers and their nonresident employees have been waiting for the Department of Taxation and Finance to address the million-dollar question: Do…more

Coronavirus/COVID-19, Department of Taxation and Finance, IRS, Motion for Leave, Non-Permanent Residents

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CFTC Crackdown: Three DeFi Platforms Face Enforcement Actions

On September 7, 2023, the Commodity Futures Trading Commission (CFTC) simultaneously filed and settled charges against three decentralized finance (DeFi) platforms, signaling a significant step toward CFTC regulatory oversight…more

CFTC, Commodity Exchange Act (CEA), Cryptoassets, Decentralized Finance (DeFi), Enforcement Actions

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The Rise of the Venture Debt Market

The global pandemic has upended our lives. From the classroom to the boardroom, there is incredible scope for innovation and inventive solutions. And with entrepreneurship comes opportunity, in the form of venture capital. But…more

Debt Financing, Entrepreneurs, Investors, Startups, Venture Capital

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Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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The Rise of the Venture Debt Market

The global pandemic has upended our lives. From the classroom to the boardroom, there is incredible scope for innovation and inventive solutions. And with entrepreneurship comes opportunity, in the form of venture capital. But…more

Debt Financing, Entrepreneurs, Investors, Startups, Venture Capital

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Extension of Foreign Investment Control to New Strategic Sectors And the Reinforcement of Sanctions

A new legislative bill, known as the “Plan d’action pour la croissance et la transformation des entreprises” (Action plan for company growth and transformation - the PACTE bill), is currently under discussion in the French…more

CFIUS, Foreign Investment, France

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[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare…more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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Congressional Investigations during the 117th Congress: What to Expect

Although control and leadership of the US House of Representatives did not change hands as a result of the 2020 elections, President Joe Biden’s victory and the Democrats’ Senate runoff victories in Georgia are already having a…more

CARES Act, Climate Change, Congressional Committees, Congressional Investigations & Hearings, Economic Injury Disaster Loans

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HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy…more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

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Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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Minnesota HF 4206 Targets Healthcare Provider Transactions

On February 22, 2024, the Minnesota state legislature introduced House Bill (HF) 4206, aiming to curb the acquisition of and control over certain healthcare providers by private equity companies and real estate investment trusts…more

Health Care Providers, Healthcare, Legislative Agendas, Private Equity Firms, Proposed Legislation

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Healthcare Regulatory Check-Up Newsletter | January 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new Innovation in…more

1115 Waivers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Remote Monitoring and Digital Therapies: CMS Updates Coverage and Payment Policies

In recent years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to pay for non-face-to-face services that improve care coordination for Medicare beneficiaries…more

American Medical Association, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Data Collection, Durable Medical Equipment

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DOL Proposes Significant Changes to VFCP Program

On November 21, 2022, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released a proposed amendment and restatement of the Voluntary Fiduciary Correction Program (VFCP), along with a proposed…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Retirement Income Security Act (ERISA), Enforcement Actions

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International News: COVID-19 Global Pandemic - May 2020

The Legal Impact in Europe on Pharmaceutical and Medical Device Companies - The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across…more

Coronavirus/COVID-19, Cybersecurity, Data Protection, EU, European Commission

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[Webinar] IP Focus 2024 | Session 1: The Weaponization of Prosecution Laches - February 21st, 9:00 am - 10:00 am JST

McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar…more

Best Practices, Defense Strategies, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Online Marketplaces – Joint and Several Liabilities for VAT

Online marketplace operators should ensure compliance with UK rules that may cause them to be jointly and severally liable for UK value added tax on sales made by foreign traders on their marketplace…more

Due Diligence, HMRC, Joint and Several Liability, Online Marketplace, Sellers

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[Virtual Event] 9th McDermott International Japan Seminar Series - January 21st - February 4th, 10:00 am - 11:00 am JST

In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person, we…more

Acquisitions, Biden Administration, Compliance, Coronavirus/COVID-19, Cross-Border Transactions

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[Webinar] State of the Debt Market and Post-IRA Sources of Financing - May 17th, 12:30 pm ET

Join McDermott Partners Carl Fleming and Jim Salerno for the Navigating the New Energy Landscape: State of the Debt Market and Post-IRA Sources of Financing webinar…more

Debt Market, Financing, Inflation Reduction Act (IRA), Infrastructure, Investment

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On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers…more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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REGS & TURKEY LEGS: The Regs We’re Thankful For

It’s Thanksgiving week, so instead of eating eggs with your regs, you should sit back, relax and reflect on the regs you are thankful for as you eat your turkey legs (or whatever you enjoy on Thanksgiving). Many of the policies…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Digital Health, Final Rules, Healthcare

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Amending Your Credit Agreement in the Era of COVID-19

In this unprecedented time, private equity sponsors and their portfolio companies and other corporate borrowers are concerned about access to liquidity as well as compliance with payment and other obligations under their credit…more

Borrowers, CARES Act, Coronavirus/COVID-19, Corporate Finance, Corporate Financing

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive…more

Acquisitions, American Bar Association (ABA), Antitrust Division, Antitrust Investigations, Antitrust Litigation

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation on…more

Arbitration Agreements, Continuing Legal Education, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration…more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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[Ongoing Program] Session 1: M&A Opportunities in US and Europe for Korean Investors (CFIUS/European FDI) - September 8th, 10:00 am - 11:00 am KST

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot see…more

Acquisitions, Antitrust Division, Antitrust Provisions, Antitrust Violations, Audits

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A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,…more

Covered Entities, Data Privacy, Data Protection, Disclosure Requirements, Enforcement

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International News: COVID-19 Global Pandemic - May 2020

The Legal Impact in Europe on Pharmaceutical and Medical Device Companies - The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across…more

Coronavirus/COVID-19, Cybersecurity, Data Protection, EU, European Commission

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International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will…more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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Innovation in Financing: Where Are We Seeing Growth?

Meanwhile, cash-strapped biotechs have in many cases been forced to leverage relationships with big pharma to address liquidity. Cash is king in a financing environment such as we have observed over the last 18 months, and the…more

Borrowers, Capital Markets, EBITDA, Environmental Social & Governance (ESG), EU

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Mobility@McDermott: Monthly Update (03/2024)

1. Leasing provider liable for behavior of car dealership employees in court case relating to vehicle purchase option after end of leasing agreement - When a customer decides to lease a vehicle offline, the first point of…more

Artificial Intelligence, Car Dealerships, Cybersecurity, EU, Germany

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Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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[Webinar] HR News – Always Up to Date in Labor Law - December 7th, 2:30 pm - 3:30 pm CET

This webinar will cover Remuneration of works councils – the new draft law in response to the BGH’s criminal judgment. After the expert commission “Legal certainty in works council remuneration” set up by the Federal Ministry…more

Germany, Human Resources Professionals, New Regulations, Proposed Legislation, Remuneration

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Healthcare Regulatory Check-Up Newsletter | November 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for November 2023. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new General Compliance…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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CFTC Crackdown: Three DeFi Platforms Face Enforcement Actions

On September 7, 2023, the Commodity Futures Trading Commission (CFTC) simultaneously filed and settled charges against three decentralized finance (DeFi) platforms, signaling a significant step toward CFTC regulatory oversight…more

CFTC, Commodity Exchange Act (CEA), Cryptoassets, Decentralized Finance (DeFi), Enforcement Actions

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Ninth Circuit Provides Clarity on the Scope of Receiverships

The US Court of Appeals for the Ninth Circuit affirmed an order denying the defendants’ motion to discharge a receiver who had been appointed to aid in the execution of a judgment for violations of the Copyright Act. WB Music…more

Appeals, Attorney's Fees, California, Ex Parte, FCC

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Erschütterung des AU-Beweiswertes bei passgenauer Krankschreibung

Folgt auf die Kündigung des Arbeitgebers die Vorlage von Arbeitsunfähigkeitsbescheinigungen, die den Zeitraum bis zur Beendigung des Arbeitsverhältnisses passgenau abdecken, kann deren Beweiswert erschüttert sein. Das BAG setzt…more

Burden of Proof, Certifications, Employer Liability Issues, Employment Litigation, Evidentiary Standards

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Claim at Issue Must Be Substantively Allowable to Qualify for PTA

The US Court of Appeals for the Federal Circuit affirmed two district court decisions, finding that a patent owner who only partially prevailed in one of two appeals was not entitled to any additional patent term adjustments…more

Appeals, Obviousness, Patent Litigation, Patent Term Adjustment, Patent Trial and Appeal Board

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Update 3.0: Future Financing Act – Focus on Employee Participation

With the start of the new year on January 1, 2024, the majority of the Future Financing Act (“ZuFinG”) – highly anticipated by the German start-up scene in particular —came into force. One of the ZuFinG’’s legislative…more

Employees, Employer Liability Issues, EU, Germany, International Labor Laws

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NWSL Creates New Private Equity Fund Policy but Stops Short of Allowing Sovereign Wealth Funds

With the 2024 season set to begin for the National Women’s Soccer League (NWSL), the league and its fans have much to be excited about. From new television partnerships and revamped jerseys for each of its teams to three new…more

Business Ownership, Investment, Investors, Private Equity, Private Equity Funds

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[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

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What Makes a Patient a “Patient”? Court Rejects Restrictive 340B Definition

On November 3, 2023, the US District Court for the District of South Carolina issued a landmark order in Genesis Health Care, Inc. v. Becerra, a case analyzing the definition of a “patient” under the 340B Program Statute. The…more

Covered Entities, Enforcement Actions, Genesis HealthCare, Healthcare, Healthcare Reform

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[Event] 2019 Trust & Estate Controversy Forum - September 18th-19th, Chicago, IL

McDermott Will & Emery invites you to attend our interactive trust and estate controversy program, which will focus on complex and multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and…more

Beneficiaries, Estate Planning, Events, Fiduciary Duty, Trusts

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New PCI DSS 4.0 Will Impact the Digital Health and Healthcare Industries

The healthcare industry – particularly the digital health industry – is increasingly becoming monetized and using an e-commerce model through direct interactions with the customer to accept credit card payments. This innovation…more

Credit Cards, Digital Health, Healthcare, Payment Systems, PCI-DSS Standard

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[Event] 2019 Cross-Border M&A and Private Equity Investment Conference - September 24th, Munich, Germany

Join us for what promises to be an excellent event at McDermott's 9th annual Munich Cross-Border M&A and Private Equity Investment Conference (MuMAC). We will be welcoming key players from the mergers and acquisitions market,…more

Acquisitions, Cross-Border Transactions, Events, Financial Adviser, Foreign Investment

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[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。 本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。…more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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Is the Top-Down FRAND Approach Officially Trending in Europe?

The High Court of Justice in London recently issued its third judgment on a fair, reasonable and non-discriminatory (FRAND) rate for a license to cellular standard-essential patents (SEPs). In the two prior UK FRAND…more

Appeals, EU, European Union Intellectual Property Office (EUIPO), FRAND, Patent Litigation

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HPE Miami 2022 PE Fundraising 3.0: Continuation Vehicles, Single-Asset Funds and Secondaries

In this session, Ian Schwartz, Partner and Head of McDermott’s Investment Funds Practice, moderated a discussion that explored fundraising strategies and transaction structures that optimize liquidity and long-term returns from…more

Acquisitions, Equity Transactions, Fund Sponsors, Healthcare, Investment Funds

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[Webinar] Startup-Woche Düsseldorf | Legal FAQs: Die wichtigsten Fragen & Antworten - September 17th, 10:00 am - 11:30 am CET

Welche rechtlichen Stolpersteine solltest du beim Gründen und Wachsen beachten? Bei unserem Online-Seminar „Legal FAQs: Die wichtigsten Fragen & Antworten“ stehen dir unsere Experten Rede und Antwort. Auch 2020 ist McDermott…more

Business Advice, Business Development, Business Disputes, Business Entities, Business Formation

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Special Report: Understanding ONC’s Health AI Transparency and Risk Management Regulatory Framework

The Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule, issued by the US Department of Health and Human Services (HHS) Office of the…more

Algorithms, Artificial Intelligence, Certification Requirements, Data Protection, Department of Health and Human Services (HHS)

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What’s Kühler Than Kühl? No Likelihood of Confusion

Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would confuse an alcohol distributer’s use of the word “kühl” with use of a similar mark…more

De Minimus Doctrine, Intellectual Property Protection, Lanham Act, Summary Judgment, Trademark Registration

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Corporate Transparency Act: What to Know

The Corporate Transparency Act (CTA) introduces beneficial ownership reporting requirements effective January 1, 2024, for new and existing companies. Below is an overview of the new reporting obligations imposed by the CTA…more

Beneficial Owner, Corporate Transparency Act, Financial Institutions, FinCEN, Jurisdiction

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McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US…more

Administrative Procedure Act, Amicus Briefs, Appeals, Chamber of Commerce, Department of Labor (DOL)

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[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following…more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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[Webinar] Calling All Innovators: Driving Inclusive Team Idea Generation in a Remote Environment - April 30th, 4:00 pm - 5:15 pm EDT

As the workforce shifts to remote working environments, it is critical that companies continue to smartly build their patent strategy despite drastically reorganized workflows. With more than 80% of a company’s value tied to its…more

Business Strategies, Continuing Legal Education, Innovation, Intellectual Property Protection, Patent Filings

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Florida Passes Bill to Incentivize Affordable Housing Development

In March 2023, Florida Governor Ron DeSantis signed Senate Bill 102, also known as the Live Local Act (the Act), into law. The bill surpasses historical records for the state, represents the largest investment in housing…more

Affordable Housing, Florida, Governor DeSantis, Housing Developers, Housing Market

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[Event] Life Sciences Boot Camp For In-House Counsel 2023 - April 4th, South San Francisco, CA

McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area! Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business…more

Acquisitions, Compliance, Continuing Legal Education, Corporate Counsel, Enforcement

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On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers…more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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CARES Act Update: IRS Provides Guidance to Partnerships to Take Advantage of Liquidity Benefits

Rev. Proc. 2020-23 eases restrictions on partnerships’ ability to file amended tax returns and issue amended Schedules K-1 in order for their partners to avail themselves of the retroactive tax relief provided by the CARES Act…more

Bi-Partison Balanced Budget Act (BBA), CARES Act, Internal Revenue Code (IRC), IRS, Liquidity

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Federal District Court Rules Codified Economic Substance Doctrine Vitiates Tax Transaction Benefits

On October 31, 2023, the US District Court for the District of Colorado, in Liberty Global, Inc. v. United States, applied the codified economic substance doctrine and held—on summary judgment—that Liberty Global, Inc. (LGI)…more

Capital Gains, Economic Substance Doctrine, Income Taxes, IRS, U.S. Treasury

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Tips for Alcohol Suppliers Utilizing Social Media

In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is…more

Advertising, Consent, Disclosure Requirements, Endorsements, Federal Trade Commission (FTC)

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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HHS and FDA Seek Comments on Informed Consent Draft Guidance

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) released a draft guidance document entitled Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Draft Guidance, Food and Drug Administration (FDA), Informed Consent

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[Ongoing Program] Life Sciences Dealmaking Symposium 2020 - November 17th, 8:00 am - 2:00 pm EST

In a year marked by unexpected challenges and rapid change, staying connected with industry peers and keeping a watchful eye on market trends, policy developments and collaborations in the life sciences space is crucial to…more

Acquisitions, Collaboration, Coronavirus/COVID-19, Cross-Border Transactions, Diagnostic Tests

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Special Report - Coronavirus Update - Monitoring of the Main Tax Measures/Subsidies Country-by-Country Overview

The Coronavirus (COVID-19) has governments across Europe, Asia, Africa, Australia, North and Latin America quickly evaluating and issuing modified tax-related measures to help support business investments and providing options…more

Coronavirus/COVID-19, Filing Deadlines, International Tax Issues, Subsidies, Tax Credits

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Key Takeaways | How the Inflation Reduction Act Impacts the Oil and Gas Industry + The Role of Natural Gas Moving Forward

The landmark Inflation Reduction Act of 2022 (IRA) was a long-anticipated legislative package for the industry because it promotes investment in alternative forms of energy. During this webinar, Partners Denmon Sigler and Philip…more

Fuel Supply, Hydrogen Power, Inflation Reduction Act (IRA), Investment, Natural Gas

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[Webinar] 2020 Latin American Compliance Conference - November 19th, 12:15 pm - 2:00 pm EST

Join us virtually for a Latin American Compliance Conference where senior government officials, industry experts and key US and Latin American lawyers discuss anti-corruption and Foreign Corrupt Practices Act (FCPA) regulatory…more

Acquisitions, Anti-Corruption, Chief Compliance Officers, Compliance, Continuing Legal Education

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The All Cash D Is Dead – Long Live the All Cash D

Tax Reform and All Cash D Reorganizations - With the introduction of global intangible low-taxed income (GILTI) as a new category of income of controlled foreign corporations (CFCs) currently taxable in the United States and…more

Controlled Foreign Corporations, GILTI tax, Tax Reform

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Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current…more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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Hospitals and Health Systems 2023 Outlook

Historically viewed as recession-proof, 2023 is expected to be a challenging year for the healthcare industry as macroeconomic factors – inflation, high labor expenses, volatile markets, supply chain snarls and other issues –…more

Centers for Medicare & Medicaid Services (CMS), Chapter 11, Coronavirus/COVID-19, Federal Trade Commission (FTC), Health Care Providers

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SEC Adopts Final Rules Concerning SPAC Initial Public Offerings and de-SPAC Transactions

On January 24, 2024, the US Securities and Exchange Commission (SEC) adopted final rules (Final Rules) related to initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and business combination…more

Final Rules, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Insurance Claims for Superstorm Sandy Property Damage and Business Interruption

It is estimated that Superstorm Sandy could cause up to $50 billion in losses, and up to $20 billion in insured losses. Businesses should review their commercial property insurance policies and submit claims for Sandy-related…more

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Microsoft Scores Massive Win in California, Opens the Door for Others Nationwide

The Office of Tax Appeals (OTA) handed Microsoft an enormous win in its controversy with the California Franchise Tax Board (FTB) over the inclusion of qualifying dividends in the sales factor denominator for which it also…more

California, Dividends, Federal Taxes, Franchise Tax Board, Income Taxes

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[Ongoing Program] 2021 Life Sciences Bootcamp Series - Cross-Border Licensing and Transactions - May 11th, 11:00 am ET

Life sciences organizations have become some of the world’s most watched businesses and the industry as a whole is facing heightened scrutiny in light of the COVID-19 pandemic. The transactional and regulatory issues as well…more

Continuing Legal Education, Coronavirus/COVID-19, Corporate Counsel, Cross-Border Transactions, Cross-Licensing Agreement

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Site Neutral Payment: Top 10 Services Likely to Be Impacted by Proposed Legislation

On April 26, 2023, the House Energy and Commerce Committee Health Subcommittee held a legislative hearing on 17 healthcare bills, including one that would direct the Centers for Medicare & Medicaid Services (CMS) to implement…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, MedPAC, Proposed Legislation

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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PPM ASC Symposium 2023 | State of the PPM Industry: Perspectives from Top CEOs

During this session, Partner Jerry Sokol moderated a panel in which top CEOs shared their insights on capitalizing on opportunities and overcoming obstacles in the current environment. They discussed the transition to…more

Healthcare, Hospitals, No Surprises Act (NSA), Physicians, Professional Conferences

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HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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Chicago Employees to Receive 10 Days of Paid Leave

As of December 31, 2023, all employees physically working in Chicago for at least two hours in a two-week period will earn both one hour of paid leave and one hour of paid sick leave for every 35 hours worked, pursuant to an…more

Employee Benefits, Employer Liability Issues, Employment Policies, New Legislation, Paid Leave

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SEC Adopts Substantive Requirements for Advisers to Private Funds

On August 23, 2023, the US Securities & Exchange Commission (SEC) adopted new and amended rules (the New Rules) under the Investment Advisers Act of 1940 (Advisers Act) that focus on the SEC’s desire to address what it views to…more

Broker-Dealer, Compliance, Fund Managers, Investment, Investment Adviser

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Opportunity Knocks: At Long Last, IRS Determination Letter Program Opens for 403(b) Plans

The IRS has long permitted sponsors of individually designed pension and 401(k) retirement plans qualified under Section 401(a) of the Code to obtain a favorable determination letter on the status of their tax-qualified…more

403(b) Plans, Benefit Plan Sponsors, Determination Letter, Employee Benefits, Internal Revenue Code (IRC)

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McDermott Health 2023 Annual Report: Managed Care 2022 Year in Review

The managed care space saw a number of regulatory and legislative developments in 2022 that are shaping the sector as we move further into 2023. Against this backdrop, the healthcare sector itself has continued to transform in…more

Acquisitions, CMMI, Employee Retirement Income Security Act (ERISA), Healthcare Reform, Joint Venture

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A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,…more

Covered Entities, Data Privacy, Data Protection, Disclosure Requirements, Enforcement

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I Hear Ya – No Intent to Deceive, No Inequitable Conduct

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the asserted patents were not unenforceable for inequitable conduct, determining that statements made by counsel to the US Patent &…more

Appeals, Deceptive Intent, Inequitable Conduct, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Weekly IRS Roundup April 8 – April 12, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 8, 2024 – April 12, 2024. April 8, 2024: The IRS released Internal Revenue Bulletin 2024-15, which…more

Child Tax Credit, Dependent Care, Earned Income Credit, Excise Tax, Fair Market Value

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Blunt Rejection of Attorney Fees in Stipulated Dismissal

The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record…more

Appeals, Attorney's Fees, Conflicts of Interest, Dismissals, Exceptional Case

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When Is Batting “Lofty”? Look to the Specification

In an opinion addressing the definiteness of a term of degree, the US Court of Appeals for the Federal Circuit affirmed a final determination of the US International Trade Commission (ITC), concluding that an asserted claim was…more

Administrative Law Judge (ALJ), Appeals, Claim Terms, Final Determinations, Indefiniteness

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HPE Miami 2021: Subsector Insights - Women's Care

Women’s health continues to be one of the most fragmented sectors of the healthcare industry, which means that there are ample opportunities for new entrants and existing platforms to innovate, integrate and improve the delivery…more

Buy-In Agreements, Coronavirus/COVID-19, Fertility Treatments, Health and Welfare Plans, Value-Based Care

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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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The Concept of Gun Jumping under German Foreign Investment Control | Practical Guidance in Ongoing FDI Proceedings

Under the German FDI regime, the competent ministry (BMWK) may review foreign investments in domestic target companies above certain thresholds. The legislator has introduced an increasing number of notification obligations over…more

Criminal Penalties, Critical Infrastructure Sectors, Foreign Direct Investment, Foreign Investment, Germany

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Illinois’ New Paid Leave Law: What Employers Need to Know

On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (PLAWA) into law, guaranteeing all workers in the state of Illinois 40 hours of paid time off each year for any reason. The law goes…more

Department of Labor (DOL), Employees, Employer Liability Issues, Governor Pritzker, Illinois

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FDA Charts Course for Regulating AI Used in Medical Products

On March 15, 2024, four of the US Food and Drug Administration’s (FDA) medical products centers released a joint paper, titled “Artificial Intelligence & Medical Products: How CBER, CDER, CDRH, and OCP are Working Together,”…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration (FDA), Innovative Technology

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Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed

On November 22, 2023, the US Securities and Exchange Commission (SEC) issued an order postponing the effective date for the new share Repurchase Rule (88 Fed. Reg. 36002 (June 1, 2023)) pending further SEC action. The SEC’s…more

Corporate Governance, Form 10-K, Proposed Rules, Publicly-Traded Companies, Repurchases

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Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost…more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

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Value Investing Forum 2022: Maximizing Value for Stakeholders

In this session, Stephanie McCann, Partner and Co-Head of McDermott’s Finance Practice Group, and Frank Steinherr, Partner and Co-Head of McDermott’s Private Equity Practice Group, hosted a discussion that explored strategies…more

Buyers, Capital Markets, EBITDA, Investment, Investors

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Patenting Web Advertising? Ask Alice, I Think She’ll Know

In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to…more

Advertising, Alice/Mayo, Appeals, IBM, Patent Validity

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Special Report - No Surprises Act Update: The TMA III Decision - August 2023

The Texas Medical Association and additional plaintiffs have brought four Administrative Procedure Act (APA) challenges to the rules and guidance implementing the No Surprises Act (NSA) (termed TMA I, II, III and IV). The…more

Administrative Procedure Act, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Labor (DOL), Disclosure Requirements

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McDermottPlus Check-Up: April 17, 2024

House Energy & Commerce Health Subcommittee Holds Hearing on Cybersecurity. During the hearing, there was bipartisan concern about UnitedHealth Group’s response to the Change Healthcare cyberattack and consensus around the need…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Drug Pricing, GAO

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Site Neutral Payment Considerations: Site-of-Service Patterns Vary by Geography

Site neutral payment proposals are currently a key topic among policymakers. This +Insight explores how Medicare fee-for-service (FFS) site-of-service patterns vary across states and metropolitan statistical areas (MSAs). Our…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Reform, Hospitals, Medicare

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Site Neutral Payment: Top 10 Services Likely to Be Impacted by Proposed Legislation

On April 26, 2023, the House Energy and Commerce Committee Health Subcommittee held a legislative hearing on 17 healthcare bills, including one that would direct the Centers for Medicare & Medicaid Services (CMS) to implement…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, MedPAC, Proposed Legislation

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Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating…more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to…more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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Special Report: Understanding ONC’s Health AI Transparency and Risk Management Regulatory Framework

The Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule, issued by the US Department of Health and Human Services (HHS) Office of the…more

Algorithms, Artificial Intelligence, Certification Requirements, Data Protection, Department of Health and Human Services (HHS)

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China’s Draft Cybersecurity Measures Suggest Increased Focus on Data Security

On 28 May 2019, the Cyberspace Administration of China (CAC) released the “Data Security Management Measures (Draft for Comments)” (Draft Measures) (unofficial English translation here), containing detailed rules to expand…more

Artificial Intelligence, China, Cybersecurity, Data Breach, Data Collection

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Key Takeaways | Cryptocurrency Global Tax Enforcement: What Investors and Companies in the Industry Need to Know NOW

During a recent program discussing the latest government enforcement efforts related to cryptocurrency, we spoke with Gary Alford, one of the leading Internal Revenue Service (IRS) agents in their crypto enforcement efforts,…more

Continuing Legal Education, Criminal Investigations, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions

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Once Again, IRS Extends Nondiscrimination Relief for Frozen Defined Benefit Plans

The Internal Revenue Service (IRS) has once again extended the temporary nondiscrimination relief for frozen defined benefit plans, now through 2020. Frozen pension plans are pension plans that have been closed to new…more

401k, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, IRS

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‘Show Me The Money’ Isn’t Enough: Disproportionate $1.7M Attorneys’ Fees Rejected

The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International,…more

Appeals, Attorney's Fees, Copyright, Copyright Litigation, Music Streaming

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International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by…more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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[Virtual Event] 9th McDermott International Japan Seminar Series - January 21st - February 4th, 10:00 am - 11:00 am JST

In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person, we…more

Acquisitions, Biden Administration, Compliance, Coronavirus/COVID-19, Cross-Border Transactions

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Maryland Passes Its Own Consumer Data Privacy Law

On April 6, 2024, the Maryland Legislature passed a comprehensive privacy bill, sending the Maryland Online Data Privacy Act of 2024 (MODPA) to Governor Wes Moore’s desk for signature into law. The law, which would take effect…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

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First Rule of the PTAB? Play by the Rules

The US Court of Appeals for the Federal Circuit affirmed two Patent Trial & Appeal Board decisions holding the challenged claims unpatentable as obvious, even though the Board declined to consider evidence of antedating and…more

Appeals, Burden of Production, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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CFTC Steps up Activity in the Cryptocurrency Space with Latest Action for Violations of the Commodity Exchange Act and CFTC Regulations

On August 10, 2021, the Commodity Futures Trading Commission (CFTC) announced that the US District Court for the Southern District of New York entered a consent order against HDR Global Trading Limited, 100x Holding Limited, ABS…more

CFTC, Civil Monetary Penalty, Commodities, Cryptocurrency, Derivatives

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[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

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[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal…more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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„Online-Selbsttests“ sind kein zulässiger 3G-Nachweis

Nachdem nun auf Grundlage des IfSG bundesweit eine „3G-Pflicht“ für Betriebe und ihre Mitarbeiter gilt, taucht vermehrt die Frage auf, inwieweit Mitarbeit den erforderlichen Nachweis mit sog. „Online-Selbsttests“ erbringen…more

Coronavirus/COVID-19, Employees, Screening Procedures, Vaccinations, Virus Testing

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New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are…more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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IRS Changes Position on Approval for Assertion of Codified Economic Substance Doctrine

In March 2010, Congress codified the economic substance doctrine in Internal Revenue Code (Code) Section 7701(o). The codification clarified that a conjunctive analysis applies in determining if the doctrine applies. The…more

Economic Substance Doctrine, Internal Revenue Code (IRC), IRS, Large Business & International Division (LB&I), Small Business

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Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over…more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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Key Takeaways | Outlook for Competitive Power in 2022

On February 2, Neil Levy and David Tewksbury, partners in McDermott’s Energy Regulatory, Markets & Reliability Practice Group, hosted Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), for an…more

Carbon Emissions, Energy Market, Energy Projects, Energy Sector, FERC

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[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare…more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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International News: Focus on International M&A

The Impact of The EU General Data Protection Regulation - The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise agreed…more

Acquisitions, Antitrust Litigation, Carry Forward, CFIUS, Cross-Border Transactions

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Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023

When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks back…more

Antitrust Division, Corporate Counsel, Criminal Antitrust Litigation, Cybersecurity, Department of Justice (DOJ)

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French and US Bankruptcy Sales Compared

For global creditors, bidders and other interested parties, the jurisdictional differences in bankruptcy proceedings is an issue that should not be ignored. Dissimilarities in US and French bankruptcy law necessitate a keen…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors, Distressed Assets

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Landmark UK Supreme Court Ruling Strikes a Blow to Litigation Funding

On 26 July 2023, the UK Supreme Court gave judgment in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others. By a majority of four to one, the Supreme Court held that litigation funding…more

Judicial Discretion, Litigation Fees & Costs, Litigation Funding, Third Party Funding, UK

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[Webinar] Employee Benefits Changes in 2024: New Requirements for Part-time Employees and Independent Contractors - March 7th, 1:00 pm - 2:00 pm EST

If you employ part-time workers and/or engage independent contractors, sit up and take note: 2024 will bring significant changes to how you manage your workforce. The US Department of Labor’s revised Independent Contractor Rule…more

401k, 403(b) Plans, Affordable Care Act, Continuing Legal Education, Department of Labor (DOL)

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[Webinar] State of the Tax Equity Market and Post-IRA Sources of Funding - May 31st, 9:30 am PT

Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for State of the Tax Equity Market and Post-IRA Sources of Funding…more

Energy Projects, Energy Sector, Funding, Project Finance, Tax Equity

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[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。 本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。…more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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[Ongoing Program] PTAB Session: Strategic Considerations Before Filing IPR Petitions - April 21st, 10:00 am - 11:00 am JST

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these…more

Continuing Legal Education, Estoppel, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Applications

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Defense Innovation Unit Air Force Solicitation: Opportunities for Renewable Energy and Energy Storage Project Sponsors

Large, utility-scale US Department of Defense (DoD) renewable energy projects, which have not been pursued by the DoD for more than six years, may finally be back. The Defense Innovation Unit (DIU) is actively seeking solutions…more

Capital Investments, Department of Defense (DOD), Energy Sector, Energy Storage, Filing Deadlines

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Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating…more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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[Webinar] Cutting Through the COVID-19 Chaos: Strategies for Investing in Private Funds in Uncertain Times - June 25th, 1:00 pm - 2:00 pm ET

Join a team of McDermott corporate partners for an interactive discussion on investor considerations and hurdles arising from the current investing landscape when making investments in private equity and hedge funds, such…more

Accredited Investors, Continuing Legal Education, Coronavirus/COVID-19, Hedge Funds, Investment Funds

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SEC Adopts Final Pay Versus Performance Rules

On August 25, 2022, the US Securities and Exchange Commission (SEC) adopted final rules to implement the pay versus performance disclosure requirement mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Final Rules, Pay-for-Performance

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European Health & Life Sciences Symposium 2023 | Key Takeaways

200+ leading individuals in healthcare, life sciences and private equity gathered at the Shangri-La Hotel in Paris for the European Health & Life Sciences Symposium 2023 to enjoy a day packed with fireside chats, in-depth…more

Artificial Intelligence, Capital Markets, Digital Health, EU, Healthcare

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EPA Raises Statutory Civil Monetary Penalty Amounts

On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which becomes…more

Civil Monetary Penalty, Clean Air Act, Clean Air Act Violations, Clean Water Act, Cost-of-Living Adjustment (COLA)

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A Q&A and More Delay: IRS Begins to Issue Clarifying Guidance on SECURE 2.0 Provisions

In late December 2023, the Internal Revenue Service (IRS) issued Notice 2024-2 (the Notice), providing guidance on key provisions of the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0, which was passed in December 2022,…more

Benefit Plan Sponsors, Employee Benefits, IRS, Regulatory Reform, Regulatory Requirements

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The Impact of the New EU AI Act on the Medtech and Life Sciences Sector

As technology continues to advance almost every aspect of healthcare, so the use of AI has become an increasing focus for developers and the regulators who are racing to keep pace with rapid advancements in technology. …more

Artificial Intelligence, Cybersecurity, Data Management, EU, European Parliament

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Understanding a Trustee’s Role in Management Incentive Plans

On May 5, 2022, McDermott Partner Erin Turley delivered a presentation during the 2022 TEA National Conference titled “Understanding a Trustee’s Role in Management Incentive Plans.” Her presentation focused on the trustee’s role…more

Employee Benefits, Employee Incentive Plans, ESOP, Executive Compensation, Fiduciary Duty

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A Matter of Trusts: Tenth Circuit to Decide Important ESOP Case

The ESOP industry is paying close attention to a Tenth Circuit appeal that will address the deferral of corporate deductions for certain accrued expenses payable to ESOP-participating employees. This appeal, which pertains to an…more

Employee Benefits, ESOP, Retirement Plan, S-Corporation, Stocks

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Biden Administration Takes Action to Improve Competition, Transparency and Quality for Hospitals and Nursing Homes

The Centers for Medicare & Medicaid Services (CMS) recently published detailed databases summarizing changes of ownership of Medicare-enrolled hospitals and skilled nursing facilities (SNFs). The databases currently include…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Competition, Hospitals, Long Term Care Facilities

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DSGVO-Auskunftsrecht: Europäische Aufsichtsbehörden starten koordinierte Prüfaktion

Die europäischen Datenschutzbehörden haben eine koordinierte Prüfaktion mit Fokus auf das Auskunftsrecht gem. Art. 15 DSGVO gestartet. Dabei handelt es sich um eines der in der Praxis bedeutsamsten Datenschutzrechte, gerade auch…more

Data Privacy, Data Protection, Employees, Employer Liability Issues, EU

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ANDA Update - Volume 2, Number 2

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice requirements…more

Abbreviated New Drug Application (ANDA), Actavis Inc., Amgen, Assignments, Attorney-Client Privilege

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[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。 本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。…more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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Leaders Moving 2020 Forward with Tony Upshaw and Karl Reid

As the Executive Director of the National Society of Black Engineers, Karl Reid, Ed.D., is working with companies to help them respond to calls for racial justice during the coronavirus pandemic. He is one of the Leaders Moving…more

Coronavirus/COVID-19, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employment Policies

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Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die…more

Collective Bargaining, Coronavirus/COVID-19, Corporate Governance, Data Protection, Employer Liability Issues

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Specially Convened Rehearing Panel Vacates IPR Institution Denial

In a rehearing decision issued by a Delegated Rehearing Panel specially convened by the US Patent & Trademark Office (PTO) Director, the Patent Trial & Appeal Board vacated a prior panel decision denying institution, modified…more

Appeals, Claim Construction, Life Sciences, Patent Litigation, Patent Trial and Appeal Board

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Trending in Telehealth: February 12 – February 26, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the…more

Digital Health, Health Care Providers, Healthcare, Healthcare Reform, New Legislation

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European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference…more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

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Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace does…more

Appeals, B&O Tax, Department of Revenue, Income Taxes, IRS

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[Virtual Conference] 2021 Cross-Border M&A and Private Equity Conference - September 29th, 12:15 pm - 4:45 pm CEST

McDermott is proudly sponsoring the 2021 Cross-Border M&A and Private Equity Virtual Conference (MUMAC) which will be held virtually, streamed live from the Bayerischer Hof in Munich. Sessions will include: - Keynote…more

Acquisitions, Coronavirus/COVID-19, Corporate Restructuring, Cross-Border Transactions, Foreign Investment

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Unveiling the Chaos: Rogue Filings at Companies House and the Quest for Reform

Companies House, the UK’s official company register, has recently come under the spotlight due to a series of rogue filings that have affected over 190 companies, including several high-profile organizations such as Sainsbury’s,…more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Enforcement Actions

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CMS Proposes to Prohibit Overrides in Medicare Advantage

On November 6, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding Contract Year (CY) 2025 Policy and Technical Changes to the Medicare Advantage (MA) and Medicare Prescription Drug Benefit…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Managed Care Contracts, Medicare, Medicare Advantage

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Key Takeaways | Raising Capital in 2024: Navigating New Opportunities

On January 30, 2024, McDermott Partners Edward (Jed) Gordon, Kate Vera, and Todd Kornfeld and Associate Allison McSorley Tassel discussed on a panel the current market conditions and shared different capital raising options and…more

Acquisitions, Artificial Intelligence, Capital Raising, Corporate Governance, Cybersecurity

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Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de…more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Ensuring Nondiscrimination in Patient Visitations

Reflecting on lessons learned and complaints received during the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released detailed frequently asked questions (FAQs) regarding…more

Coronavirus/COVID-19, Critical Access Hospitals, Department of Health and Human Services (HHS), Discrimination, Healthcare

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[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they…more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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[Event] Private Equity Bootcamp 2023 - June 22nd, Frankfurt, Germany

We cordially invite you to our Private Equity Bootcamps in Frankfurt and Munich this year. Experienced speakers from our firm will train you and your colleagues during a workshop and provide legal and tax basics for the…more

Acquisition Agreements, Acquisition Finance, Acquisitions, Events, Private Equity

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Healthcare Preview for the Week of: April 15, 2024

While congressional debate and action will focus on aid to Israel this week, committees will continue to move forward their health agendas via hearings. The House Energy and Commerce Committee hearing on the Change Healthcare…more

Congressional Review Act, Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS)

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DOJ and OIG Actions: 2023 Enforcement Trends Recap

This report reviews notable areas for government enforcement actions during 2023 that were discussed in our monthly Healthcare Regulatory Check-Up reports. In the past year, we saw the relevant federal government enforcement…more

Anti-Kickback Statute, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Healthcare Regulatory Check-Up Newsletter | January 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new Innovation in…more

1115 Waivers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Weekly IRS Roundup April 8 – April 12, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 8, 2024 – April 12, 2024. April 8, 2024: The IRS released Internal Revenue Bulletin 2024-15, which…more

Child Tax Credit, Dependent Care, Earned Income Credit, Excise Tax, Fair Market Value

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[Webinar] 2024 Enforcement Outlook Series | Key Insights on Compliance and Enforcement Priorities for the Year Ahead - February 7th, 12:00 pm - 1:00 pm EST

We’re looking forward to another year of our Enforcement Outlook webinar series, which we’ve designed to keep you up to date on the enforcement trends that might impact your organization’s compliance strategy…more

Chief Compliance Officers, Compliance, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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World’s first Artificial Intelligence Regulations established – Council and Parliament reach historic accord on pioneering Artificial Intelligence Act

The European Council and the European Parliament have achieved a provisional agreement on the Artificial Intelligence (“AI”) Act, establishing the world’s first set of rules for AI. The draft regulation aims to guarantee the…more

Artificial Intelligence, Enforcement Actions, EU, European Parliament, Legislative Agendas

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Money Talks: Important Takeaways from the OIG’s Civil Monetary Penalties Final Rule

In a burst of rulemaking in December 2016, the US Department of Health and Human Services, Office of Inspector General, issued two new final rules containing significant changes to OIG’s Civil Monetary Penalty authorities…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Drug Pricing

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Healthcare Enforcement Roundup - Volume 1, 2021

Stay current on the healthcare enforcement issues impacting your business’ compliance strategies. In this installment of the Healthcare Enforcement Roundup, we address: • Key areas of enforcement scrutiny in 2021, including…more

1135 Waivers, Biden Administration, Coronavirus/COVID-19, Criminal Prosecution, Department of Health and Human Services (HHS)

See all updates »

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the…more

CARES Act, Confidential Information, Department of Health and Human Services (HHS), Final Rules, Health Information Technologies

See all updates »

Ransomware: To Pay or Not to Pay? It Just Got More Complicated

When an organization experiences a ransomware attack, it must address significant—and sometimes competing—challenges under pressing deadlines. These challenges include the following: evicting the threat actor from the network…more

Cyber Attacks, Cybersecurity, Florida, Incident Response Plans, North Carolina

See all updates »

[Webinar] Family Office Tax Series: Compensation Strategies - February 27th, 1:00 pm - 2:00 pm EST

Taxes can have a significant impact on family offices, influencing decisions around structure, investing and overall planning strategies. McDermott’s Family Office Tax webinar series explores the latest trends and guidance on…more

Carried Interest, Continuing Legal Education, Deferred Compensation, Employee Retention, Family Offices

See all updates »

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to…more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

See all updates »

International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements…more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

See all updates »

Insurance Claims for Superstorm Sandy Property Damage and Business Interruption

It is estimated that Superstorm Sandy could cause up to $50 billion in losses, and up to $20 billion in insured losses. Businesses should review their commercial property insurance policies and submit claims for Sandy-related…more

See all updates »

MedPAC Votes to Recommend Changes to 340B Drug Payment Under Medicare Part B

For most of the past year, the Medicare Payment Advisory Commission (MedPAC) has been examining Medicare Part B payments to hospitals that participate in the 340B drug purchasing discount program in an effort to better align…more

Drug Pricing, Hospitals, Medicare Part B, MedPAC, Prescription Drugs

See all updates »

[Event] Private Equity Bootcamp 2023 - June 22nd, Frankfurt, Germany

We cordially invite you to our Private Equity Bootcamps in Frankfurt and Munich this year. Experienced speakers from our firm will train you and your colleagues during a workshop and provide legal and tax basics for the…more

Acquisition Agreements, Acquisition Finance, Acquisitions, Events, Private Equity

See all updates »

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one or…more

Class Action, COBRA, Corporate Counsel, Department of Labor (DOL), Disclosure Requirements

See all updates »

Annahmeverzugslohn und Anrechnung von anderweitigem Erwerb – Tipps für die Praxis

Grundsätzlich gilt: Ohne Arbeit kein Lohn. Eine Ausnahme ist der Annahmeverzugslohn (siehe auch HR-News Beitrag vom 17. Oktober 2023: „Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?“). Diesen muss der…more

Employees, Employer Liability Issues, Germany, International Labor Laws, Profit Sharing

See all updates »

HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy…more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

See all updates »

Guarding the Gateway: Florida Tightens Grip on Electronic Health Records Storage

In May 2023, the Florida Legislature amended the Florida Electronic Health Records Exchange Act to add a provision regarding the security and storage of patient information. It took effect on July 1, 2023. To ensure compliance,…more

Data Protection, Data Security, Electronic Medical Records, Electronically Stored Information, Florida

See all updates »

The Hereditary Debt of the Investment-Controlled Screw

The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) - The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) continues the long-standing trend towards more…more

Coronavirus/COVID-19, EU, Foreign Trade Regulations, Germany, Investment Controls

See all updates »

FDA Publishes Proposed Rule on Sections 503A and 503B Compounding

On March 20, 2024, the US Food & Drug Administration (FDA) issued a proposed rule titled Drug Products or Categories of Drug Products that Present Demonstrable Difficulties for Compounding Under Sections 503A or 503B of the…more

Abbreviated New Drug Application (ANDA), Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Life Sciences

See all updates »

New ONC Final Rule Expands Information Blocking Regulatory Exceptions

On December 13, 2023, the US Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) issued the Health Data, Technology, and Interoperability: Certification…more

Electronic Protected Health Information (ePHI), Exceptions, Final Rules, Health Care Providers, Health Information Technologies

See all updates »

The Application of “Authentication by Comparison” at the PTAB

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and…more

Appeals, Authentication, Federal Rules of Evidence, Inter Partes Review (IPR) Proceeding, Patent Litigation

See all updates »

Mobility@McDermott: Monthly Update (09/2023)

1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations…more

Antitrust Division, Automotive Industry, Clean Energy, Competition, Competition Act

See all updates »

Healthcare Regulatory Check-up Newsletter | July 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for July 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act (FCA)…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Enforcement Actions, False Claims Act (FCA)

See all updates »

A Win for Patentees: UPC Issues First Reasoned Decisions

The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one case…more

EU, European Patent Office, Ex Parte, Germany, Intellectual Property Protection

See all updates »

Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current…more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

See all updates »

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

[Event] HPE Europe 2023 - September 21st, London, United Kingdom

HPE Europe is back! Join the biggest names in healthcare, life sciences and private equity for an unforgettable day of thought-provoking discussions, cutting-edge insights and valuable networking opportunities at the…more

Artificial Intelligence, Digital Health, Events, Health Care Providers, Health Information Technologies

See all updates »

Fun for the Whole Family: More ACA Subsidies Apply

On October 11, 2022, the US Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations to modify how affordability under the Affordable Care Act (ACA) is determined for an offer of coverage…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Enrollment, Final Rules

See all updates »

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits

The increasing popularity of online shopping is placing e-commerce businesses—specifically those in the alcohol beverage industry—in legal crosshairs. In lockstep with a recent uptick in website accessibility cases, plaintiff…more

Americans with Disabilities Act (ADA), Beverage Manufacturers, E-Commerce, Title III, Web Content Accessibility Guidelines (WCAG)

See all updates »

International News Spotlight on Private Equity and Private Wealth with Merrick White

With traditional financers heavily influenced by public opinion and political influence, restrictions on their lending to the hydrocarbon industry are likely to remain. So where will the funding for much needed investment in…more

Banking Sector, Financial Institutions, Financial Services Industry, Hydrocarbons, Investment Funds

See all updates »

International News: Focus on Compliance

In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery…more

Chief Compliance Officers, China, COMESA, Compliance, Disclosure Requirements

See all updates »

Healthcare Preview for the Week of: April 15, 2024

While congressional debate and action will focus on aid to Israel this week, committees will continue to move forward their health agendas via hearings. The House Energy and Commerce Committee hearing on the Change Healthcare…more

Congressional Review Act, Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS)

See all updates »

European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference…more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

See all updates »

IRS Releases Memorandum Regarding Advance Payments of Section 367(d) Inclusions

On September 23, 2022, the Internal Revenue Service (IRS) released a memorandum (AM 2022-003) concluding that taxpayers cannot make advance payments of section 367(d) inclusions except in the limited situation in which the US…more

Foreign Corporations, Intangible Property, Internal Revenue Code (IRC), IRC Section 367, IRS

See all updates »

Recent Amendment Extensions for Qualified Retirement Plans, 403(b) Plans and Individual Retirement Accounts

The Internal Revenue Service (IRS) recently issued needed relief to extend some amendment deadlines for non-governmental qualified retirement plans and 403(b) plans, and for individual retirement accounts (IRAs) under the…more

401k, 403(b) Plans, Benefit Plan Sponsors, CARES Act, Coronavirus/COVID-19

See all updates »

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $76.3 Million

The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Jurisdiction, The Clayton Act

See all updates »

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

See all updates »

Zuckerfest und Brückentage: Was ist, wenn alle Urlaub wollen?

Brückentage sind beliebt. Arbeitgeber erhalten daher häufig Urlaubsanträge von gleich mehreren Arheitnehmerinnen und Arbeitnehmern. Nicht selten lässt sich zu Jahresbeginn ein regelrechtes Wettrennen bei der Einreichung der…more

Employees, Employer Liability Issues, Germany, Holiday Pay, International Labor Laws

See all updates »

Limitation Periods for Antitrust Damages Actions in The European Union

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of the…more

Antitrust Litigation, EU, EU Directive, Statute of Limitations

See all updates »

[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with…more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

See all updates »

Legal Lens on the Unified Patent Court - March 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court…more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed

On November 22, 2023, the US Securities and Exchange Commission (SEC) issued an order postponing the effective date for the new share Repurchase Rule (88 Fed. Reg. 36002 (June 1, 2023)) pending further SEC action. The SEC’s…more

Corporate Governance, Form 10-K, Proposed Rules, Publicly-Traded Companies, Repurchases

See all updates »

Textualism and Contextualism in English Contractual Interpretation – Concord Not Conflict

A recent UK Supreme Court judgment provides helpful guidance on the alternative pathways available to the courts in construing commercial contract provisions…more

Commercial Contracts, Share Purchase Agreements, UK

See all updates »

Antitrust M&A Snapshot - Q3 2023

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)…more

Acquisitions, Antitrust Division, Competition, Enforcement, EU

See all updates »

Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

See all updates »

And Another: New Hampshire Passes New Consumer Privacy Law

On January 18, 2024, the New Hampshire Senate passed by voice vote SB255, the New Hampshire Privacy Act (NHPA), amended by the New Hampshire House of Representatives. The bill will head to Governor Chris Sununu’s desk. After his…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection, Data Protection Acts

See all updates »

Whirlpool Update: New Filings and Distribution for Supreme Court Conference

On November 2, 2022, the Supreme Court of the United States announced that the case of Whirlpool Financial Corp., et al., Petitioners v. Commissioner of Internal Revenue, No. 22-9, has been distributed for consideration at its…more

IRS, Petition for Writ of Certiorari, SCOTUS, U.S. Treasury

See all updates »

International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will…more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

See all updates »

California Reveals Draft Regulations Requiring Onerous Cybersecurity Audits and Privacy Risk Assessments

On August 28, 2023, the California Privacy Protection Agency (CPPA) released discussion drafts of regulations on cybersecurity audits and privacy risk assessments in advance of the CPPA’s meeting on September 8, 2023. These…more

Audits, California, California Privacy Protection Agency (CPPA), Corporate Governance, Cybersecurity

See all updates »

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the…more

CARES Act, Confidential Information, Department of Health and Human Services (HHS), Final Rules, Health Information Technologies

See all updates »

Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported…more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

See all updates »

Pending Oregon Law Undermines Traditional Physician Practice Structure

In an apparent attempt to shield physician practices from perceived abuses of close association with physician practice management (PPM) companies, a pending Oregon law could undermine a broad range of structures and…more

Acquisitions, Corporate Governance, Internal Controls, Merger Controls, Mergers

See all updates »

HPE Miami 2023 | Assessing Market Conditions in the Current Economic Environment

Partner Andrea Zazulia moderated a panel during the Independent Healthcare Company Transactions Forum that focused on the ripple effects of recent market dynamics and the short- and long-term prognosis for healthcare…more

Capital Markets, Debt Market, Financial Services Industry, Healthcare, Investment

See all updates »

[Ongoing Program] Trademark Session: New Options for Trademark Enforcement in the US Under the Trademark Modernization Act - April 6th, 10:00 am - 11:00 am JST

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these…more

Continuing Legal Education, Ex Partes Reexamination, Expungement, Intellectual Property Protection, Trademark Application

See all updates »

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful…more

Acquisitions, Banks, Events, Financing, Investment Adviser

See all updates »

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on…more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

See all updates »

Weekly IRS Roundup January 8 – January 12, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of January 8, 2024 – January 12, 2024…more

Corporate Taxes, Exemptions, Income Taxes, Internal Revenue Code (IRC), IRS

See all updates »

A Socially Distanced Ceremony: Virtual Execution of Estate Planning Documents

Remote witnessing and notarization is quickly becoming the new normal for executing estate planning documents. Instead of an in-person meeting, a witness or notary who is outside the physical presence of the signatory uses…more

Coronavirus/COVID-19, England, Estate Planning, Governor Cuomo, Governor DeSantis

See all updates »

China’s New Foreign Investment Law: What’s New and What’s Next

On 15 March 2019, the Second Session of the 13th National People’s Congress approved the Foreign Investment Law of the People’s Republic of China to go into effect on 1 January 2020. With it, China’s legal framework surrounding…more

China, Corporate Governance, Foreign Acquisitions, Foreign Investment, Intellectual Property Protection

See all updates »

REGS & TURKEY LEGS: The Regs We’re Thankful For

It’s Thanksgiving week, so instead of eating eggs with your regs, you should sit back, relax and reflect on the regs you are thankful for as you eat your turkey legs (or whatever you enjoy on Thanksgiving). Many of the policies…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Digital Health, Final Rules, Healthcare

See all updates »

CARES Act Five-Year NOL Carryback Rules Will Have Significant Impact on M&A Transactions

The CARES Act bring changes to the net operating loss rules that may impact completed and future corporate transactions..…more

Acquisitions, CARES Act, Coronavirus/COVID-19, Mergers, Net Operating Losses

See all updates »

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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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