Husch Blackwell LLP

Wyoming Restricts Employer Use of Noncompete Agreements: How Will This Impact Physicians?

On March 19, 2025, Wyoming passed a new law, SF 107, broadly circumscribing employers’ use of noncompete agreements. Generally, SF 107 broadly prohibits covenants that restrict the right of “any person” to receive compensation…more

Contract Terms, Employee Rights, Employment Contract, Healthcare, Hospitals

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Colorado Legislature Proposes Heightened Protections for Healthcare Activity

The Colorado General Assembly has introduced Senate Bill 25-129, the purpose of which is to provide comprehensive protections for individuals and entities engaged in legally protected healthcare activities, particularly those…more

Colorado, Executive Orders, Gender Identity, New Legislation, Patient Privacy Rights

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the…more

California, Consumer Protection Laws, OEHHA, Proposed Amendments, Proposition 65

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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FAA Implements Section 803's Data Privacy Provisions

As required by the Federal Aviation Administration (FAA) Reauthorization Act of 2024, codified at 49 U.S.C. § 44114(b), the FAA implemented Section 803 Data Privacy (and issued a notice describing such implementation) on March…more

Aviation Industry, Data Privacy, Federal Aviation Administration (FAA), Filing Requirements, New Regulations

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Texas Court Upholds Summary Judgment in Silica Case

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The…more

Appeals, Bodily Injury, Corporate Liability, Evidence, Expert Testimony

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Deadline Fast Approaching: New Reporting Requirements for Small Businesses Under the Corporate Transparency Act

The reporting requirement under the Corporate Transparency Act took effect January 1, 2024. Now, most small businesses are required to report beneficial ownership information to the Financial Crimes Enforcement Network of the…more

Anti-Money Laundering, CEOs, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC)

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Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the…more

California, Consumer Protection Laws, OEHHA, Proposed Amendments, Proposition 65

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Artificial Intelligence: The ‘Black Box’ of Product Liability

“With great power comes great responsibility,” and in the rapidly evolving landscape of Artificial Intelligence (“AI”), the intersection of innovation and legal responsibility is becoming increasingly complex. As AI becomes more…more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Liability, Machine Learning

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U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”), which…more

Asbestos Litigation, Causation, Employer Liability Issues, Federal Tort Claims Act (FTCA), Government Agencies

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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The Debt Ceiling Standoff and NEPA: New Changes to the NEPA Review Process

An increased borrowing limit for the U.S. was not the only change brought about by the recently enacted Fiscal Responsibility Act of 2023. The National Environmental Policy Act (NEPA) review process was also on the minds of our…more

Debt Ceiling, Environmental Assessments, Environmental Impact Statements, Federal Budget, NEPA

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NJ Court Rules Clickwrap Arbitration Clause Enforceable

On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a red light and collided with another vehicle. The lawyer underwent numerous surgeries and other procedures after…more

Arbitration Agreements, Bodily Injury, Car Accident, Damages, Motion to Compel

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The NLRB’s Top Lawyer Offers New Guidance on Remedial Relief in Settlement Agreements

Settling cases before the National Labor Relations Board (NLRB) became an increasingly difficult task under the prior administration, where the terms of agreements were often dictated by General Counsel directives insisting on…more

Biden Administration, Corporate Counsel, Employee Rights, Employment Litigation, Labor Relations

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Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Judicial Proceedings

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Copyrights Wanted: No Creativity Required

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Hold the Sauce! Nebraska Denies Tax Exemption for University Food Court

In the latest skirmish in an ongoing battle between taxing authorities and institutions of higher education, the Nebraska Tax Equalization and Review Commission recently affirmed a decision that denied a property tax exemption…more

Property Tax, Public Purpose, State Tax Equalization Boards, State Taxes, Tax Exemptions

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M&A Antitrust Update: 2025 Brings New HSR Thresholds, a Challenge to the HSR Rules, and a Gun-Jumping Violation

The initial days of 2025 ushered in a trifecta of significant antitrust updates for dealmakers. First, the Federal Trade Commission (FTC) recently announced its annual adjustment to the monetary thresholds that apply to mergers,…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions

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Department Of Education Rescinds And Replaces The 2016 Clery Handbook

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires institutional reporting and other warnings and notifications to provide information about campus safety. In achieving…more

Clery Act, Colleges, Department of Education, Security, Universities

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Missouri’s New Minimum Wage and Paid Sick Leave Law: Frequently Asked Questions

On November 5, 2024, Missouri voters approved an amendment to RSMo § 290.502, increasing the state minimum wage in 2025 and 2026. In addition, voters approved earned paid leave that employees can use for their own or their…more

Amended Legislation, Collective Bargaining Agreements (CBA), Crime Victims, Fair Labor Standards Act (FLSA), Minimum Wage

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New Rules Promotes Patient Access To Personal Healthcare Information

Two new federal rules will make it easier for consumers to access, use and transmit their personal healthcare information using an app on their smartphone or tablet. The regulations implement prior legislation and advance the…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Medicaid, Medicare

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Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits..…more

Article III, Class Action, Class Members, Corporate Counsel, Credit Reporting Agencies

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Federal Government Freezes Grant/Loan Disbursements – What It Means for Nonprofits

On January 27, 2025, the United States Office of Management and Budget (OMB) issued a pause, set to go into effect at 5 p.m. on January 28, to all “federal financial assistance programs and supporting activities.” The order is…more

Compliance, Executive Orders, Federal Budget, Federal Contractors, Federal Funding

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Board Decides Religious Educational Institutions Not Subject To Labor Laws While Supreme Court Grapples With Ministerial Exception

Key Points- •In the June 10, 2020, National Labor Relations Board (Board) decision Bethany College, the Board reversed its own 2014 decision, Pacific Lutheran University, and held that the Board lacks jurisdiction over…more

Educational Institutions, Federal Labor Laws, NLRA, NLRB, Nonprofits

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Navigating the Evolving Challenges of Foreign National Travel

Recent U.S. government actions have created significant challenges for foreign nationals returning to the U.S. from international travel. To ensure a smoother entry process, travelers should consider taking proactive steps to…more

Customs and Border Protection, Data Privacy, Data Protection, Electronic Devices, Foreign Nationals

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Beyond Utility: How to Protect Corporate Value with Design Patents

Utility patent protection is typically the first thing that comes to mind for protecting a product; however, such protection may not be available when the product has been on the market a long time or is dominated by…more

Copyright, Design Patent, Intellectual Property Protection, Inventions, Patents

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The NLRB’s Top Lawyer Offers New Guidance on Remedial Relief in Settlement Agreements

Settling cases before the National Labor Relations Board (NLRB) became an increasingly difficult task under the prior administration, where the terms of agreements were often dictated by General Counsel directives insisting on…more

Biden Administration, Corporate Counsel, Employee Rights, Employment Litigation, Labor Relations

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New Maritime Executive Order Signals Robust Action on Domestic Shipbuilding

On April 9, 2025, President Donald Trump issued an executive order titled “Restoring America’s Maritime Dominance,” launching a Maritime Action Plan (MAP) to bolster the U.S. maritime industry and workforce. The executive order…more

China, Executive Orders, Maritime Transport, Shipping, Supply Chain

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Supreme Court Decision Means Defense of ERISA Prohibited Transaction Claims Just Got More Difficult and More Protracted

On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service…more

401k, Benefit Plan Sponsors, Cunningham v Cornell University, Defined Contribution Plans, Employee Benefits

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Developing an Effective Contract Management Program

Contract management has quickly and importantly developed into an area of focus for in-house counsel and business stakeholders. Effective contract management systems can increase internal accountability and decrease wait times…more

Contract Management, Decision-Making Process, Legal Operations, Legal Project Management, Policies and Procedures

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New Legislation Likely To Spur Increase In Bankruptcy Filings

On August 23, President Trump signed into law two new pieces of legislation—the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019—that will likely lead to an increase in bankruptcy filings from…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Bankruptcy Reform, Chapter 11

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U.S. Supreme Court Unanimously Rejects Heightened Standard for "Reverse Discrimination" Claims

On June 5, 2025, in Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously rejected the “background circumstances” test previously applied by several federal circuits in “reverse discrimination” cases…more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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Removal of NCUA Board Members: What it Means for You

After the first 100 days of President Donald Trump’s second term, few areas of government have avoided disruption or controversy, and the regulation of credit unions—normally a quiet corner within the federal bureaucracy—has…more

Board of Directors, Constitutional Challenges, Credit Unions, Judicial Authority, NCUA

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Developments Regarding Federal and State Climate-Related Disclosure Requirements

On March 6, 2024, the Securities and Exchange Commission (SEC) issued rules aimed at standardizing climate-related disclosures by public companies. Commonly known as the SEC climate disclosure rules, these rules were designed to…more

California, Climate Change, Disclosure Requirements, Executive Orders, Greenhouse Gas Emissions

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Two Northeast Grid Operators Prepare for Tariffs on Canadian Energy

On February 1, 2025, President Trump issued an executive order titled Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border (Canadian Tariff Order), which, inter alia, imposed a 10 percent import tariff…more

Canada, Energy Sector, Executive Orders, FERC, Imports

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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EPA Delays Effective Date for PFAS Reporting Regulation to March 2025

In February 2025, the United States Environmental Protection Agency announced it will delay the addition of nine per- and polyfluoroalkyl substances (“PFAS”) to its Toxics Release Inventory Report for the 2025 reporting year…more

Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, PFAS

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New California Class Action Highlights Recent Focus on Autopay Cancellations

Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit…more

Automatic Enrollment, Bank of America, Banks, California, Class Action

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Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,…more

Cancer, Design Defects, Fraud, Hawaii, Jury Verdicts

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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HHS Rescinds 2022 Guidance on Anti-Discrimination and Privacy in Gender-Affirming Care

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a letter rescinding with immediate effect its March 2022 “HHS Notice and Guidance on Gender Affirming Care, Civil…more

Affordable Care Act, Americans with Disabilities Act (ADA), Data Privacy, Department of Health and Human Services (HHS), Equal Employment Opportunity Commission (EEOC)

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OCR Announces Proposed Updates to HIPAA Security Rule, Raises the Bar for Healthcare Cybersecurity

On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued proposed changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security…more

Business Associates, Compliance, Cybersecurity, Data Privacy, Data Security

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Eliminating the GRAS “Loophole”: Implications for Functional Foods and Beverages

On March 10, 2025, the U.S. Department of Health and Human Services (HHS) announced that U.S. Secretary of HHS Robert F. Kennedy Jr. directed the U.S. Food and Drug Administration (FDA) to explore closing the GRAS…more

Beverage Manufacturers, Department of Health and Human Services (HHS), Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Manufacturers

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States Could Fill Potential Enforcement Gaps on Climate Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) issued new rules aimed at standardizing climate-related disclosures by public companies. Commonly known as the SEC climate disclosure rules, they require companies…more

California, Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Legislation

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New Developments: Clarification On Extensions Of Benefit Deadlines

On February 26, 2021, the Department of Labor, the Treasury Department and Internal Revenue Service issued clarifying guidance regarding COVID-19-related deadline extensions under the Internal Revenue Code, ERISA, COBRA and…more

COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Disaster Aid, EBSA

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M&A Time And Cost-Saving Measures: Third Party Consents In Project Development

During the course of any acquisition of a renewable energy project, the parties may be required to obtain consents from certain of the counterparties to the project contracts. This will be the case if a project contract includes…more

Anti-Assignment Clauses, Change of Control, Consent, Renewable Energy, Third-Party

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Managing Political Speech in the Workplace

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far…more

Civil Rights Act, Employment Discrimination, Employment Policies, Freedom of Religion, Human Resources Professionals

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Arbitration’s Double-Edged Sword: The Rise of Mass Claims

In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a…more

Arbitration, Arbitration Agreements, Breach of Contract, Class Action, Clickwrap Agreements

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Common Title and Survey Deliverables in Texas Energy Transactions

In Texas, title insurance forms are promulgated by the Texas Department of Insurance (the “TDI”), with policy types, premium amounts, and the issuance of endorsements being regulated by standardized procedural and rate rules…more

Debt Financing, Energy Storage, Renewable Energy, Texas, Title Insurance

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OSHA’s Controversial “Walkaround” Rule Goes into Effect

The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade…more

Employee Representatives, Inspections, OSHA, Safety Inspections, Third-Party

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Proposed California Legislation on Silicosis Prevention in Manufactured Stone Industry is Withdrawn

In July, a proposed bill named the Silicosis Prevention Act was withdrawn from consideration in California. This proposed bill would have substantially affected the manufactured stone industry by banning dry fabrication…more

California, Manufacturers, Silica, State Labor Laws, Workplace Safety

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New “Ride-Through” Requirements for Inverter-Based Resources: FERC Seeks Comments on NERC’s Proposed New Reliability Standards

On December 19, 2024, FERC issued a Notice of Proposed Rulemaking (NOPR) to approve the addition of the newly defined term “Ride-through” to the North American Electric Reliability Corporation (NERC) Glossary of Terms and to…more

Bulk Electric System, Comment Period, Energy Sector, FERC, IEEE

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Beware of Offers Too Good to Be True: Recent Federal Lawsuit Highlights Kickback and False Claims Risks

As of February 18, 2025, the First Circuit Court of Appeals requires the government to prove “but-for” causation in Anti-Kickback Statute (AKS)-based False Claims Act (FCA) cases. The court reasoned in United States v. Regeneron…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Guide to Reviewing Your Estate Plan

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,…more

Documentation, Estate Planning, Estate Tax, Fiduciary, Life Insurance

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Massachusetts Codifies ‘Shield Law' Protections for Physicians

On April 9, 2025, emergency amendments filed by the Massachusetts Board of Registration in Medicine (BORIM) became final, enshrining protections for Massachusetts’ providers for the delivery of reproductive healthcare services…more

Gender Identity, Healthcare Reform, New Regulations, Physicians, Proposed Amendments

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Navigating Life Sciences Transactions: Lessons from the Field

This post is the fifth in our five-part series, Navigating Life Sciences Transactions, where our team of attorneys provides essential strategies and insights for successful life sciences transactions. Throughout this series,…more

Acquisitions, Corporate Governance, Due Diligence, Intellectual Property Protection, Life Sciences

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Supreme Court to Hear Case on Legal Standard for Cases Brought by Students with Disabilities

The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v. Osseo…more

Americans with Disabilities Act (ADA), Civil Rights Act, Disability Discrimination, Educational Institutions, Reasonable Accommodation

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EEOC Scrutinizes Vaccine Mandates: Continued Rise of Religious Accommodation Claims

The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain in…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Mandates, Employment Discrimination

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When the Payor is Also the Decisionmaker in ERISA Benefits Lawsuits Under 29 U.S.C. § 1132(a)(1)(B)

When the same health plan administrator both administers a benefit plan and pays the benefits due under the plan, it is considered by courts to have a structural conflict of interest. That conflict of interest is not…more

Benefit Plan Sponsors, Breach of Duty, Conflicts of Interest, Denial of Benefits, Employee Retirement Income Security Act (ERISA)

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Cannabis Receiverships Are (and Will Be) On the Rise

Based on a recent article in the Green Market Report (and corresponding public filings), “$1.83 billion of . . . debt is set to come due by 2026” for a number of publicly traded multi-state cannabis operators (“MSO”s). While…more

Cannabis-Related Businesses (CRBs), Commercial Bankruptcy, Creditors, Debt, Debtors

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DE&I Rollbacks: Are Banks in the Crosshairs?

In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use…more

Anti-Discrimination Policies, Banks, Community Reinvestment Act, Diversity and Inclusion Standards (D&I), Enforcement Actions

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Year in Review: Key Regulatory Updates in 2023

The hospice industry saw many regulatory changes in 2023. In this episode of Hospice Insights: The Law and Beyond, Husch Blackwell's Meg Pekarske, Andrew Brenton, and Adam Royal discuss some of the main regulatory changes from…more

Health Care Providers, Home Health Care, Hospice, Long Term Care Facilities, Physicians

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Minnesota and Lower Potency Hemp Edibles

On the heels of the 2018 Farm Bill, some states have opted to regulate hemp-derived cannabinoid consumer products. One of the early movers in this area is the State of Minnesota. The regulations in Minnesota for hemp-derived…more

Cannabis Products, Hemp, Licensing Rules, Manufacturers, Marijuana Related Businesses

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Further SEC And Delaware Guidance On COVID-19 Disclosure And Shareholder Meeting Impacts

The U.S. Securities & Exchange Commission (SEC) has made numerous statements providing additional guidance relating to the COVID-19 public health crisis, and the governor of Delaware has also clarified some points of state law…more

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Supreme Court Clarifies Standard of Proof for FLSA Exemptions

On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and…more

Burden of Proof, Class Action, EMD Sales Inc v Carrera, Employment Litigation, Exempt-Employees

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Petition Summary: Certain Chassis and Subassemblies Thereof from Mexico, Thailand, and the Socialist Republic of Vietnam

On February 26, 2025, the U.S. Chassis Manufactures Coalition (“Coalition” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of certain chassis and subassemblies…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade, International Trade Commission (ITC)

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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OSHA Pursues Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance and Unions Urge Enhancements to Final COVID-19 Safety Standard for Healthcare Workplace

The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries…more

Bureau of Labor Statistics, Coronavirus/COVID-19, Healthcare Workers, Home Health Care, Nurses

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Arizona Legislature Amends Captive Insurer Provisions of Insurance Code

On May 7, 2025, Arizona Governor Katie Hobbs signed House Bill 2193 into law after the bill passed in the Arizona legislature in late April. HB 2193 amends the captive insurer section of the Insurance Code by reducing the…more

Business Entities, Captive Insurance Company, Corporate Governance, Filing Requirements, Insurance Industry

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A Few Reminders About Venue

Whether initiating litigation or defending against a recently filed suit, venue needs to be front of mind. Venue issues have been a popular topic recently as parties have attempted to seek out venues as a means of selecting a…more

Domicile, Judicial Districts, Residency Requirements, Venue, Waivers

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Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,…more

Cancer, Design Defects, Fraud, Hawaii, Jury Verdicts

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Update: Democratic Commissioners File Lawsuit Following Trump’s Firing

Last week, we reported on the Trump Administration’s abrupt firing of all three Democratic Commissioners of the Consumer Product Safety Commission (“CPSC” or the “Commission”). At the time, the fired Commissioners expressed…more

Administrative Procedure Act, Consumer Product Safety Commission (CPSC), Donald Trump, Employee Rights, Government Agencies

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IRS Extends 2021 Tax Filing Deadline For Texas Taxpayers Impacted By Winter Storm

Following an announcement from the Internal Revenue Service (IRS) on February 22, 2021, Texas residents and business owners suffering from the February 2021 winter storm will now have until June 15, 2021, to file certain tax…more

Comptroller, FEMA, Filing Deadlines, IRS, Popular

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Planning to Avoid Fiduciary Litigation

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings and…more

Advance Health Care Directive, Asset Management, Beneficiaries, Duty of Care, Estate Claims

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Updates on Executive and Legislative Developments Impacting Renewable Energy

Executive and legislative actions impacting renewable energy at the federal, state, and local levels have arisen at an unprecedented rate since President Donald Trump took office. In January, we outlined in this legal update the…more

Fossil Fuel, Inflation Reduction Act (IRA), Regulatory Requirements, Renewable Energy, Solar Energy

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A Check on Experts in the Talcum Powder World

On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)…more

Asbestos Litigation, Consumer Product Companies, Daubert Standards, Expert Testimony, False Advertising

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Maximizing Your Wealth Transfer Potential: Updates to Gift, Estate, and GST Tax Exemptions for 2025

When it comes to passing wealth to the next generation, one of the most powerful tools in our toolbox is the use of your lifetime gift, estate, and generation-skipping transfer tax (GST) exemption amounts. While the estate/gift…more

Estate Planning, Estate Tax, Gift Tax, Index Funds, Tax Exemptions

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Missouri Last In The Nation To Roll Out Prescription Drug Monitoring Program

Missouri’s Senate advanced Senate Bill 63 this week in a move to become the last state in the Nation to create a Prescription Drug Monitoring Program (“PDMP”). The bill would establish a Joint Oversight Task Force for…more

Controlled Substances, Governor Parson, Pharmaceutical Industry, Prescription Drugs

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New York’s Grieving Families Act Vetoed for a Third Time

On December 21, 2024, Governor Kathy Hochul of New York vetoed, for a third time, the Grieving Families Act (“Act”), a significant bipartisan legislative proposal in New York aimed at reforming the state’s wrongful death…more

Asbestos Litigation, Civil Liability, Compensation, Damages, Liability

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Attorney General Pam Bondi’s Memo Concerning Healthcare Treatment for Transgender Minors: Implications for Providers

Recently, Attorney General Pam Bondi purportedly issued an internal memorandum in response to Executive Order 14187 (“Protecting Children from Chemical and Surgical Mutilation”) concerning the treatment of transgender minors by…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Gender Identity, Healthcare Facilities

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SPACs Offer New Investment Opportunities For Energy Industry

Much has been written and discussed in the last several months about SPACs, or special purpose acquisition companies. What is a SPAC, and what are the possible applications of this capital raising and acquisition strategy in…more

Acquisitions, Energy Sector, Environmental Social & Governance (ESG), Fossil Fuel, Greenhouse Gas Emissions

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal challenges…more

Baby Products, Food Manufacturers, Food Safety, Food Supply, Jury Trial

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Last Minute Minimum Wage Increase and Sick Leave Amendments to Michigan Employment Law Statutes

In the early morning hours of February 21, 2025, Michigan Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002 into law. SB 8 amended Michigan’s Improved Workforce Opportunity Wage Act. House Bill 4002 amended the…more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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Solar for All Grant Deadlines Approaching Fast

Governments, tribes, and nonprofits wanting to improve solar energy infrastructure have a new tool in their toolkit. On June 28, 2023, the EPA published the Notice of Funding Opportunity (NOFO) for the Solar for All grant…more

Charitable Donations, Environmental Protection Agency (EPA), Federal Funding, Grants, Greenhouse Gas Emissions

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COVID-19 Hospice How-To Series: Taking Advantage of the Temporary Quality Reporting Data Submission Relief

On March 22, 2020, the Centers for Medicare and Medicaid Services (“CMS”) temporarily lifted the requirements for hospices to submit Hospice Item Set (“HIS”) data and hospice Consumer Assessment of Healthcare Providers and…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Infectious Diseases

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Clinical Trial Audit Readiness: A Step-by-Step Guide for Research Sites

Audit preparedness is essential for every clinical research site. By operationalizing compliance in your daily procedures, you can effectively mitigate risk and ensure smooth inspections. Start by thoroughly educating key…more

Audits, Best Practices, Clinical Trials, Compliance, Data Integrity

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Copyrights Wanted: No Creativity Required

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Kansas Enacts 20-Year Sales Tax Exemption for Data Centers

As part of a continuing trend, Kansas Governor Laura Kelly has signed SB98 into law, becoming the latest state to enact a sales tax exemption for qualified data centers. Many states, including neighboring Missouri (see RSMo. §…more

Data Centers, Economic Development, Incentives, Investment, Kansas

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IRS Takes Aim at High Earners, Large Partnerships, and Corporations Using AI

When the Inflation Reduction Act was passed last year, the legislation included massive funding increases for the Internal Revenue Service (IRS). The initial narratives regarding the funding increases focused primarily on…more

Artificial Intelligence, Audits, Balance Sheets, Federal Funding, Inflation Reduction Act (IRA)

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Massachusetts Codifies ‘Shield Law' Protections for Physicians

On April 9, 2025, emergency amendments filed by the Massachusetts Board of Registration in Medicine (BORIM) became final, enshrining protections for Massachusetts’ providers for the delivery of reproductive healthcare services…more

Gender Identity, Healthcare Reform, New Regulations, Physicians, Proposed Amendments

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NJ Court Rules Clickwrap Arbitration Clause Enforceable

On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a red light and collided with another vehicle. The lawyer underwent numerous surgeries and other procedures after…more

Arbitration Agreements, Bodily Injury, Car Accident, Damages, Motion to Compel

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Beyond the Bylaws: The Medical Staff Show | The Role of Bylaws in Medical Staff Governance, Part II

Host Nick Healey welcomes back to the show Husch Blackwell partner Ellee Cochran and Melanie Durfee, a director of medical staff services for a 205-bed acute care hospital in Idaho, for the second and concluding part of a…more

Bylaws, Continuing Legal Education, Governance Standards, Healthcare Facilities, Hospitals

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Two Northeast Grid Operators Prepare for Tariffs on Canadian Energy

On February 1, 2025, President Trump issued an executive order titled Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border (Canadian Tariff Order), which, inter alia, imposed a 10 percent import tariff…more

Canada, Energy Sector, Executive Orders, FERC, Imports

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Has Recent Automobile Innovation Impacted Automobile Manufacturers’ Avenues of Defense?

Vehicles are more complex now, than ever, offering incredible and exciting technology, including self-driving features. But as innovation continues to rapidly change the automotive industry, can we expect the same innovation to…more

Automated Transportation, Automotive Industry, Connected Cars, Driverless Cars, Innovative Technology

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Rep And Warranty Insurance Has Growing Popularity In PE Deals

Private equity buyers have become a significant player in the healthcare M&A space and they continue to focus on those types of healthcare services that have the greatest opportunities for aggregating. Traditional health system…more

Acquisitions, Mergers, Private Equity, Representations and Warranties Insurance

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Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders

Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21, 2025,…more

Anti-Discrimination Policies, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Enforcement Actions

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Toxic Tort Monitor – January 2018

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in…more

Abuse of Discretion, Appeals, Asbestos Litigation, BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

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Deadline Fast Approaching: New Reporting Requirements for Small Businesses Under the Corporate Transparency Act

The reporting requirement under the Corporate Transparency Act took effect January 1, 2024. Now, most small businesses are required to report beneficial ownership information to the Financial Crimes Enforcement Network of the…more

Anti-Money Laundering, CEOs, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC)

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DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for federal…more

Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

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OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment,…more

Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act, Department of Education, Educational Institutions

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False Claims Act Insights - How a Marine Fisheries Dispute Opened an FCA Can of Worms

Host Jonathan Porter welcomes Husch Blackwell litigator Tanner Cook to discuss how the U.S. Supreme Court’s Loper Bright decision from earlier this year could have a major influence on False Claims Act litigation. The Court’s…more

Chevron Deference, False Claims Act (FCA), Government Agencies, Loper Bright Enterprises v Raimondo, Materiality

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OCC Aims to Streamline Bank Merger Reviews

On May 8, 2025, the Office of the Comptroller of the Currency (OCC) announced its adoption of an interim final rule (IFR) that amends its 2024 final rule related to its regulations for business combinations involving national…more

Acquisitions, Bank Merger Act, Banking Sector, Final Rules, Financial Regulatory Reform

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FAA Implements Section 803's Data Privacy Provisions

As required by the Federal Aviation Administration (FAA) Reauthorization Act of 2024, codified at 49 U.S.C. § 44114(b), the FAA implemented Section 803 Data Privacy (and issued a notice describing such implementation) on March…more

Aviation Industry, Data Privacy, Federal Aviation Administration (FAA), Filing Requirements, New Regulations

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False Claims Act Insights - Eureka! Government Investigators Seek Out Research Misconduct

Host Jonathan Porter welcomes Husch Blackwell attorney Karen Courtheoux to the show to discuss the False Claims Act in the context of government-funded research programs that are often carried out under the auspices of…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Government Investigations

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Federal Court In Washington Holds Risks Of Take-Home Asbestos Exposure Were Not Foreseeable Prior To 1955

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. Jack v. Borg-Warner Morse TEC, LLC,…more

Asbestos, Asbestos Litigation, Mesothelioma, Take-Home Exposure, Toxic Exposure

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Litigation Looms: ERIC Seeks Stay on 2024 Mental Health Parity Rule Enforcement

On February 20, 2025, the ERISA Industry Committee (ERIC) announced that its legal counsel submitted a letter to the U.S. Departments of Labor (DOL), Health and Human Services (HHS) and Treasury, requesting a stay of enforcement…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Enforcement Actions, Final Rules

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Significant Change in Medicare Enrollment Risk Categories for SNFs

The Affordable Care Act mandated that the Centers for Medicare and Medicaid Services (“CMS”) establish risk categories for Medicare enrollment, which are used by CMS to determine what level of scrutiny to give provider…more

Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Enrollment, Fingerprints, Medicare

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EPA’s e-RIN Program Stalls

The U.S. Environmental Protection Agency (“EPA”), which administers the federal renewable fuels program known as the Renewable Fuel Standards (“RFS”), has been grappling with the best approach to incorporating electric vehicles…more

Biofuel, Electric Vehicles, Environmental Protection Agency (EPA), Renewable Energy, Renewable Fuel

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BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will exercise…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Arizona Legislature Amends Captive Insurer Provisions of Insurance Code

On May 7, 2025, Arizona Governor Katie Hobbs signed House Bill 2193 into law after the bill passed in the Arizona legislature in late April. HB 2193 amends the captive insurer section of the Insurance Code by reducing the…more

Business Entities, Captive Insurance Company, Corporate Governance, Filing Requirements, Insurance Industry

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The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II

Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy. The Insiders discuss anticipated Trump administration…more

Department of Labor (DOL), Labor Reform, NLRA, NLRB, NLRB General Counsel

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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International Trade Law: 2024 Year in Review & Outlook for 2025

Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch…more

Bureau of Industry and Security (BIS), Chevron Deference, China, Connected Cars, Court of International Trade

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Inflation Reduction Act Imposes New Tax on Buybacks

The Repurchase of Corporate Stock provision of the Inflation Reduction Act of 2022 (IRA), often called the stock-buyback provision, imposes a one percent excise tax on the repurchase or redemption of stock by covered…more

Excise Tax, Fair Market Value, Inflation Reduction Act (IRA), Share Buybacks, Stock Redemption

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U.S. Tax Court Rules That Limited Partners of an Investment Manager Are Subject to Self-Employment Tax

On May 28, 2025, the United States Tax Court held that the limited partners of a limited partnership providing investment management services to various investment funds were not limited partners within the meaning of Internal…more

Appeals, Income Taxes, Internal Revenue Code (IRC), Investment Funds, Investment Management

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Supreme Court Rejects "Moment-of-Threat" Rule in Section 1983 Excessive Force Suit

In Barnes v. Felix, the U.S. Supreme Court unanimously held that courts evaluating Fourth Amendment excessive-force claims in Section 1983 lawsuits against law enforcement officers must consider the “totality of the…more

Appellate Courts, Barnes v Felix, Deadly Force, Excessive Force, Fourth Amendment

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U.S. Privacy Litigation Update: April 2025

Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping…more

Appeals, California, Consent, Corporate Counsel, Data Privacy

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Major Changes in the Jurisdictional Laws in Illinois

Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege injury…more

Business Corporation Act, Business Entities, Business Litigation, Corporate Governance, Foreign Corporations

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Tort Reform in Georgia Headed to the Governor’s Desk

The Georgia Assembly passed sweeping tort reform on Friday, March 21, 2025. Governor Brian Kemp had announced his tort reform package on January 30, 2025. The Georgia Senate subsequently passed two bills, Senate Bill 68 on…more

Discovery, Liability, Litigation Strategies, Motion to Dismiss, Negligence

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Exploring Trust Account Exposure to Bank Failure

Prompted by recent news coverage detailing the collapse of Silicon Valley Bank and Signature Bank New York, some of our clients have asked us the question: What is my exposure in the event of bank failure? In response to this…more

Beneficiaries, Deposit Insurance, FDIC, Revocable Trusts, Transfer on Death Deed (TOD)

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California Legislature Takes Another Swing at Private Equity Participation in Healthcare

Last fall, private equity and hedge fund investors were given a reprieve from the prospect of increased oversight of healthcare transactions when California Governor Gavin Newsom unexpectedly vetoed Assembly Bill 3129 (AB 3129)…more

California, Compliance, Corporate Governance, Health Care Providers, Healthcare

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The Overturning of Chevron Deference: Implications for AI in Medical Research

In a landmark decision on June 28, 2024, the Supreme Court overturned a 40-year-old legal precedent known as Chevron deference. Established in 1984, Chevron deference mandated that judges defer to federal agencies concerning…more

Administrative Procedure Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Clinical Trials

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Department Of Education Issues Controversial Guidance On Distribution of Education Stabilization Funds

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act in response to the Novel Coronavirus Disease 2019 (“COVID-19”). See H.R. 748. The CARES Act appropriated approximately $30.75…more

CARES Act, Coronavirus/COVID-19, Department of Education, Educational Institutions, ESEA

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MO Supreme Court Grants J& J’s Writ Of Prohibition In Talc Cancer Case

On Monday, the Missouri Supreme Court issued an order sustaining Johnson & Johnson’s (“J&J”) last-minute Petition for writ of prohibition to stay the trial in Vickie Forrest et al. v. Johnson & Johnson et al., Cause…more

Cancer, Due Process, Johnson & Johnson, MO Supreme Court, Writ of Prohibition

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U.S. Treasury Department Declines to Enforce CTA

On March 2, 2025, the U.S. Department of the Treasury ended months of speculation regarding how the Corporate Transparency Act (CTA) would be implemented and enforced under the second Trump administration. Via press release, the…more

Beneficial Owner, Compliance, Corporate Transparency Act, Enforcement Actions, FinCEN

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Trump Administration Clarifies Criminal Enforcement Priorities

On May 9, 2025, the White House issued an executive order, titled “Fighting Overcriminalization in Federal Regulations,” that could have a significant impact on the administration’s enforcement of criminal regulatory violations…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Executive Orders

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Apple V. Samsung

On May 24, 2018, we received the third (trial) installment in the seven year legal battle between Apple and Samsung over the design of smart phones and related devices. At issue on this go-round was a retrial solely directed to…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

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Major Changes in the Jurisdictional Laws in Illinois

Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege injury…more

Business Corporation Act, Business Entities, Business Litigation, Corporate Governance, Foreign Corporations

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The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and…more

Employee Rights, Employment Litigation, Federal Labor Laws, Labor Relations, NLRA

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Analyzing the Colorado AI Act Proposed Amendments

Keypoint: The Colorado legislature is considering significant amendments to the nation’s first algorithmic discrimination law. On April 28, 2025, Colorado Senator Robert Rodriguez and Representative Brianna Titone introduced SB…more

AI Act, Algorithms, Anti-Discrimination Policies, Colorado, Discrimination

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LIBOR Transition FAQs - UPDATED March 2021

With the use of LIBOR being phased out by the end of 2021 and its prevalence in corporate loans, adjustable-rate mortgages, floating rate notes, securitized products and derivatives products, nearly all lenders and borrowers…more

Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Board of Governors, Borrowers, FDIC

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Arbitration’s Double-Edged Sword: The Rise of Mass Claims

In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a…more

Arbitration, Arbitration Agreements, Breach of Contract, Class Action, Clickwrap Agreements

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Risk of Using Third-Party Job Posting Sites

Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with job…more

Criminal Convictions, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing, Job Offers

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Minnesota Adult Use Cannabis Updates

Minnesota Adult Use Cannabis Update - We assisted multiple clients in completing and submitting their adult-use cannabis license applications to the Office of Cannabis Management (“OCM”), and we continue to monitor how and…more

Agribusiness, Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Government Agencies

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Americans’ Growing Appetite for Risk and Shrinking Responsiveness to Potential Product Issues

Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The…more

Baby Boomers, Consumers, Contamination, Gen-Xers, Generation Z

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Benefits of Succession Planning

Succession planning is a critical process for a business owner that can ensure the long-term sustainability and success of a company. Here are just a few of the benefits that can be gained from a well-structured plan…more

Business Continuity Plans, Business Succession, Business Transfer Agreements, Estate Planning, Family Businesses

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Deadline Ahead: NYDFS Compliance Notifications are due by April 15

Businesses that are subject to the NYDFS Cybersecurity Regulations have four weeks left to submit their annual notices of compliance or acknowledge their noncompliance. When the regulations were amended in 2023, several of the…more

Compliance, Compliance Management Systems, Cybersecurity, Data Privacy, Financial Institutions

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The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act…more

Appeals, Asbestos, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Options for Changing an Irrevocable Trust

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a…more

Beneficiaries, Creditors, Decanting, Estate Planning, Fiduciary Duty

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Biogas Tax Credit Market Stays Strong in 2025

Upon becoming law in 2022, the Inflation Reduction Act (“IRA”) extended the opportunity to generate investment tax credits (“ITCs”) to renewable natural gas (“RNG”) projects, incentivizing the development of new projects and…more

Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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Deadline Approaching for Governmental Entities to Apply for DOE Electric Vehicle Charging Infrastructure and Equipment Grants

What grants are available? The Department of Energy is offering over $50 million in grants to state and local governments for electric vehicle (EV) charging infrastructure and equipment…more

Automotive Industry, Charging Stations, Deadlines, Department of Energy (DOE), Electric Vehicles

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New Simplified DOL Rules for Self-Correcting Delinquent Contributions

On January 14, 2025, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) announced significant updates to the VFCP. These changes, effective March 17, 2025, introduce a self-correction feature for…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Excise Tax

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Legal Insights for Manufacturing: Outlook for 2025

Intensifying international crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers, but hidden among those challenges are exciting opportunities for…more

Artificial Intelligence, Bribery, Complex Corporate Transactions, Compliance, Copyright

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EEOC Scrutinizes Vaccine Mandates: Continued Rise of Religious Accommodation Claims

The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain in…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Mandates, Employment Discrimination

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The Proposed Rule to Amend FAR Guidance on Safeguarding CUI – Care to Comment?

The FAR Council issued a proposed rule that would amend the several FAR provisions and add new clauses to provide guidance on the safe handling of CUI. Public comments on the proposed rule are being accepted until March 17,…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Data Privacy, Data Protection

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340B Update: HRSA Notifies Six Manufacturers That They Are In Violation Of The 340B Statute

Since mid-2020, many pharmaceutical manufacturers have introduced policies that scope their offering of 340B pricing, including limiting contract pharmacy arrangements and requiring covered entities to submit claims data. These…more

Covered Entities, Drug Pricing, HRSA, Manufacturers, Pharmaceutical Industry

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IRS Cutbacks May Impact Healthcare M&A Transactions

Kevin’s practice involves guiding clients through the complexities of federal, state, local and international taxation. Kevin routinely advises business entities, tax-exempt organizations and high net worth individuals on a…more

Acquisitions, Corporate Taxes, Due Diligence, Healthcare, Internal Revenue Code (IRC)

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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards…more

Appellate Courts, ASTM, Copyright, Copyright Infringement, Distribution Rules

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Trump Administration Moves to End Disparate Impact Liability

On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift…more

Civil Rights Act, Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Actions

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FTC Finalizes—and Then Pauses—CARS Rule Impacting Dealers, Auto Finance Companies

On December 12, 2023, the Federal Trade Commission (FTC) announced it has finalized the Combating Auto Retail Scams Rule (CARS Rule), which imposes various obligations affecting dealers’ sales practices and will also impact…more

Add-ons, Car Dealerships, CARS Rule, Dealers, Disclosure Requirements

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Navigating the Evolving Challenges of Foreign National Travel

Recent U.S. government actions have created significant challenges for foreign nationals returning to the U.S. from international travel. To ensure a smoother entry process, travelers should consider taking proactive steps to…more

Customs and Border Protection, Data Privacy, Data Protection, Electronic Devices, Foreign Nationals

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Missouri Joins Growing List of States Legalizing the Adult Use of Recreational Marijuana: What This Means for Missouri Employers

The voters of Missouri have spoken. During the 2022 Midterm Election, voters passed Amendment 3—a ballot measure legalizing the possession, use, and sale of marijuana to adults 21 years of age or older in the Show-Me-State…more

Decriminalization of Marijuana, Employer Responsibilities, Marijuana, Medical Marijuana, Recreational Use

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State Restrictions on Foreign Land Investment: What Renewable Energy Developers and Financing Parties Should Know

Renewable energy developers and financing parties are likely aware of the Agricultural Foreign Investment Disclosure Act (“AFIDA”), a federal law requiring disclosure of foreign investment in agricultural land. Increasingly,…more

Agricultural Sector, Disclosure Requirements, Farms, Foreign Adversaries, Foreign Corporations

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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Cybersecurity and Solar Power Vulnerability

As noted , the renewable energy sector faces growing concerns over its vulnerability to cyberattacks. Since then, the situation has not improved; the U.S. electrical grid has grown more vulnerable to cyberattacks, with domestic…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Data Security

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Wisconsin Court of Appeals Upholds Ordinance or Law Exclusion in Insurance Coverage Dispute

In a recent decision, the Wisconsin Court of Appeals affirmed the application of an “Ordinance or Law Exclusion” in a business owner’s insurance policy issued by Germantown Mutual Insurance Company.[1] The case, involving…more

Appeals, Commercial Property Owners, Contract Disputes, Insurance Claims, Insurance Litigation

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U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”), which…more

Asbestos Litigation, Causation, Employer Liability Issues, Federal Tort Claims Act (FTCA), Government Agencies

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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CFPB Finalizes Rule on Residential PACE Loans

On December 17, 2024, the Consumer Financial Protection Bureau (CFPB) issued its final rule implementing Section 307 of the 2018 Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) and amending Regulation Z…more

Ad Valorem Tax, Clean Energy, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Covered Transactions

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Market to Others as You Would Have Others Market to You: FTC Continues Battle Against False and Misleading Reviews and Testimonials

Prudent consumers are encouraged to “check the reviews” before purchasing a product or hiring a particular business to perform a service. However, increasing use of influencer testimonials and review purchase incentives has made…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), Marketing

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Credit Risks Likely to Rise as 2024 Draws to a Close

A strange confluence of geopolitical events, labor unrest, softening consumer demand, and supply-chain logistical issues could leave lumps of coal in the stockings of lenders this holiday season. The story begins in the Red…more

Borrowers, Collateral, Coronavirus/COVID-19, Financing, Forbearance Agreements

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Title IX Litigation Tracker: 2024 Title IX Regulations Vacated by District Court

The legal saga surrounding the 2024 Title IX Regulations reached a new peak earlier this month. On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the plaintiffs…more

Administrative Procedure Act, Constitutional Challenges, Department of Education, Educational Institutions, Executive Orders

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Colorado Supreme Court Rules That Regular Rate of Pay Includes Holiday Incentive Pay for Calculating Overtime

Last week, the Colorado Supreme Court issued a highly anticipated decision, finding that the “regular rate of pay” under Colorado law does include holiday incentive pay for purposes of calculating overtime. The Tenth Circuit,…more

Class Action, CO Supreme Court, Fair Labor Standards Act (FLSA), Holiday Pay, Non-Exempt Employees

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Navigating Compliance Risks in Laboratory Operations—Key Lessons from a Recent FCA Case

A recent False Claims Act (FCA) litigation—Jensen ex rel. United States of America v. Genesis Laboratory—highlights critical compliance risks for laboratories. This case reinforces the need for laboratories to ensure adherence…more

Clinical Laboratories, Compliance, False Claims Act (FCA), Healthcare Fraud, Medicaid

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Remote Court Proceedings Will Continue In Cook County

Remote court proceedings will continue in Cook County due to the COVID-19 pandemic. In July, Judge James Flannery of the Law Division of the Cook County Circuit Court signed General Administrative Order 20-6, providing guidance…more

Case Management, Coronavirus/COVID-19, Discovery, Jury Trial, Remote Hearings

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Executive Order Seeks to Rapidly Accelerate Development of "Priority" Mining Projects

In a move designed to “facilitate domestic mineral production to the maximum possible extent,” on March 20, 2025, the Trump administration issued an executive order—titled “Immediate Measures to Increase American Mineral…more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Energy Policy, Executive Orders

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Eleventh Circuit Eviscerates TCPA Class Action Settlement

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in consolidated…more

ATDS, Auto-Dialed Calls, Class Action, Do Not Call List, Facebook

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The State of the CFPB During a Fraught Transition Period: Part II

It has been a little over two months since President Donald Trump returned to office, and since then, the Consumer Financial Protection Bureau (CFPB) has been in flux—to put it mildly. As of this writing, it is unclear whether…more

Biden Administration, Buy Now Pay Later (BNPL), Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Enforcement Actions

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Major Changes in the Jurisdictional Laws in Illinois

Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege injury…more

Business Corporation Act, Business Entities, Business Litigation, Corporate Governance, Foreign Corporations

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Trump Administration Clarifies Criminal Enforcement Priorities

On May 9, 2025, the White House issued an executive order, titled “Fighting Overcriminalization in Federal Regulations,” that could have a significant impact on the administration’s enforcement of criminal regulatory violations…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Executive Orders

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Navigating the Legal Landscape of Electric Vehicle Battery Fires

The electric vehicle (“EV”) revolution is reshaping the automotive industry, promising a greener future and reduced reliance on fossil fuels. However, as EV adoption accelerates, manufacturers face a growing legal and regulatory…more

Automotive Industry, Batteries, Class Action, Electric Vehicles, Lithium Batteries

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Supreme Court Poised to Strike Down Reverse Discrimination Standard

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that challenges the heightened evidentiary burden imposed on majority-group plaintiffs in Title VII…more

Civil Rights Act, Corporate Counsel, Discrimination, Employment Discrimination, Employment Litigation

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Insights from the 2019 Renewable Fuels Association National Ethanol Conference

The Renewable Fuels Association National Ethanol Conference (NEC) concluded on February 13. During the last few quarters, ethanol margins have been at the lowest levels in many years resulting in reduced production and the…more

Biodiesel, Biofuel, Ethanol, Renewable Fuel

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part II

Husch Blackwell’s Tracy Wolf and Rufino Gaytán continue their engaging discussion with Labor Law Insider host Tom Godar regarding changes being initiated at the National Labor Relations Board (NLRB) under the Trump…more

Employee Rights, Employer Responsibilities, Employment Policies, Labor Reform, NLRB

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CMS Imposes First Price Transparency Rule Penalties

The Price Transparency Rule (the Rule) became effective on January 1, 2021. By October 2021, the Centers for Medicare & Medicaid Services (CMS) had issued warnings to over 300 hospitals deemed not in compliance with the Rule…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Health Care Providers, Hospitals, Noncompliance

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Employers Have Limited Extension For Payment Of Social Security Taxes

Pursuant to the CARES Act, many employers took advantage of the ability to defer payment of the employer portion of certain social security taxes that were otherwise due during 2020. Some have asked questions about whether these…more

CARES Act, Consolidated Appropriations Act (CAA), Employer Liability Issues, Moratorium, Social Security Taxes

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Washington Court of Appeals Applies Common Sense Limits on Consenting to Personal Jurisdiction

Where a case is filed can sometimes be as important as the facts of the case itself. The Washington Court of Appeals, recently revisited specific jurisdiction in the context of consent in Bradley v. Globus Medical, Inc…more

Appeals, Appellate Courts, Lack of Jurisdiction, Personal Jurisdiction, Washington

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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Texas Jury Renders $10 Million Verdict in Novel Corporate Practice of Medicine Case

Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed a…more

Appeals, Contract Terms, Corporate Practice of Medicine, Healthcare, Hospitals

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What We're Watching: State Attorneys General Offices in 2025

As the Oval Office and Congress flip to Republican control, we expect more state AG-led efforts to impact public policy. Shortly after the New Year, we gathered together attorneys from our State Attorneys General team to find…more

Administrative Procedure Act, Antitrust Division, Antitrust Litigation, Antitrust Provisions, Antitrust Violations

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City of St. Louis Issues Draft Incentives Framework

After months of analysis, the St. Louis Development Corporation (SLDC) recently published its long-awaited Summary of Incentives Analysis and Draft Future Incentives Framework (the Framework)…more

Capital Investments, Construction Project, Environmental Remediation Costs, State and Local Government, Tax Abatement

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State-By-State Guide to Ag-Gag Legislation - April 7 2025

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional, claiming…more

Activist, Agribusiness, Agricultural Sector, Appeals, Constitutional Challenges

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Seventh Circuit Clarifies Standards for Proving Hours Worked in FLSA Overtime Claims

The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the Fair…more

Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies

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The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and…more

Employee Rights, Employment Litigation, Federal Labor Laws, Labor Relations, NLRA

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A Check on Experts in the Talcum Powder World

On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)…more

Asbestos Litigation, Consumer Product Companies, Daubert Standards, Expert Testimony, False Advertising

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Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program and…more

Bald and Golden Eagle Protection Act, Conservation, Energy Sector, Incidental Take Permits, Migratory Bird Treaty Act (MBTA)

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Supreme Court Rejects "Moment-of-Threat" Rule in Section 1983 Excessive Force Suit

In Barnes v. Felix, the U.S. Supreme Court unanimously held that courts evaluating Fourth Amendment excessive-force claims in Section 1983 lawsuits against law enforcement officers must consider the “totality of the…more

Appellate Courts, Barnes v Felix, Deadly Force, Excessive Force, Fourth Amendment

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CBP Proposes Changes to the De Minimis Entry Process

U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking on January 13, 2025, regarding an update to the rules governing de minimis shipments. The public can make comments on the proposed rule until March…more

Compliance, Customs and Border Protection, Data Collection, Department of Homeland Security (DHS), Enforcement

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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Colorado Supreme Court Rules That Regular Rate of Pay Includes Holiday Incentive Pay for Calculating Overtime

Last week, the Colorado Supreme Court issued a highly anticipated decision, finding that the “regular rate of pay” under Colorado law does include holiday incentive pay for purposes of calculating overtime. The Tenth Circuit,…more

Class Action, CO Supreme Court, Fair Labor Standards Act (FLSA), Holiday Pay, Non-Exempt Employees

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Planning to Avoid Fiduciary Litigation

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings and…more

Advance Health Care Directive, Asset Management, Beneficiaries, Duty of Care, Estate Claims

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Legal Implications Following the FDA’s Release of Data on Talc-Containing Cosmetics, Which Confirm Absence of Asbestos for Third Consecutive Year

In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples…more

Asbestos, Cosmetics, Food and Drug Administration (FDA), Health and Safety, Johnson & Johnson

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False Claims Act Insights - Trump DOJ Sharpens Its Focus on Healthcare Fraud

Host Jonathan Porter welcomes to the show Husch Blackwell attorney Brandon Hall, a St. Louis-based member of the firm’s Healthcare group, to discuss how the Department of Justice’s reshuffling of priorities could lead to a…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Decoding the Executive Order on Gender Identity: Key Insights for Private Employers

In previous legal updates, our team analyzed the recent executive order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which encourages, but does not mandate, that private employers end certain…more

Civil Rights Act, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies

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The Justice Insiders Podcast: Self-Disclosure, Cooperation, and the Hazards of Knowing Too Little

Host Gregg N. Sofer welcomes Husch Blackwell partner Catherine Hanaway to the podcast to discuss the recent sentencing of Nishad Singh, a former key lieutenant of Sam Bankman-Fried, the cryptocurrency mogul responsible for one…more

Compliance, Cooperation, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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Co-Location of Data Centers with Renewable Energy Projects: Legal, Environmental, and Operational Considerations

The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers., and the question of providing sufficient power to…more

Adverse Impact, Artificial Intelligence, Carbon Emissions, Clean Energy, Climate Change

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U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement Forthcoming

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the department’s…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In Johnson…more

Appeals, Business Litigation, Firearms, KS Supreme Court, Liability

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SEC Charges Public Companies with Misleading Cyber Disclosures

On October 22, 2024, the Securities and Exchange Commission (SEC) announced that it had charged four companies with making materially misleading disclosures regarding cybersecurity risks and intrusions, with one company also…more

Cybersecurity, Disclosure Requirements, Enforcement Actions, Form 8-K, Incident Response Plans

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Analyzing Virginia’s New PRA for Protecting Consumer Reproductive and Sexual Health Information

Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation. As we…more

Consent, Consumer Protection Laws, Data Protection, New Legislation, Personal Information

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Hospice Insights: Check the Mail: Are You Getting a 4% Rate Cut?

It’s that time of year again when HIS and CAHPS non-compliance letters are sent out. While it can be an uphill battle, all may not be lost if you receive a notice of non-compliance. Join Husch Blackwell's Meg Pekarske as she…more

Health Care Providers, Healthcare Facilities, Home Health Care, Hospice, Long Term Care Facilities

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FAQ: CARES Act SBA Loan Programs - UPDATED February 2021

Congress's coronavirus financial relief package, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was the largest economic relief bill in United States history and supported individuals and businesses affected by…more

Borrowers, Business Expenses, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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Transcript Withholding and Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts from…more

Colleges, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Services Industry, Student Loans

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EEOC Scrutinizes Vaccine Mandates: Continued Rise of Religious Accommodation Claims

The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain in…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Mandates, Employment Discrimination

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Wyoming Restricts Employer Use of Noncompete Agreements: How Will This Impact Physicians?

On March 19, 2025, Wyoming passed a new law, SF 107, broadly circumscribing employers’ use of noncompete agreements. Generally, SF 107 broadly prohibits covenants that restrict the right of “any person” to receive compensation…more

Contract Terms, Employee Rights, Employment Contract, Healthcare, Hospitals

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$6 Billion Verdict Dodged: Formula Giants Cleared of Liability in Baby NEC Case

A jury in St. Louis, Missouri was recently asked to award over $6 billion in damages against baby formula manufacturers defendants in a lawsuit that alleged the defendants’ specialized infant formulas for premature babies caused…more

Baby Products, Failure To Warn, Food Safety, Jury Trial, Nutrition Facts Labels

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FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,…more

Administrative Procedure Act, Appeals, Class Action, Consent, Disclosure Requirements

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MSHA’s Final Silica Redraws the Landscape for Silica Compliance

The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable…more

Final Rules, Mine Safety and Health Administration (MSHA), Occupational Exposure, Silica, Workplace Safety

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Missouri Enacts Law To Provide Unpaid Leave For Victims Of Domestic Or Sexual Violence

Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of unpaid…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Covered Employees, Domestic Violence, Notice Requirements

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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The End of COVID-19 Form I-9 Flexibilities for Employers

On May 04, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the COVID-19 flexibilities for physically inspecting Form I-9 documentation are expiring on July 31,…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Real Estate Transactions Come Under Increased National Security Scrutiny

As geopolitical tensions rise and the post-Cold War global order continues to fray, national security has experienced a renewed policymaking focus. The most prominent areas in this regard have been critical technology…more

CFIUS, Critical Infrastructure Sectors, Defense Sector, Due Diligence, FIRRMA

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M&A Antitrust Update: 2025 Brings New HSR Thresholds, a Challenge to the HSR Rules, and a Gun-Jumping Violation

The initial days of 2025 ushered in a trifecta of significant antitrust updates for dealmakers. First, the Federal Trade Commission (FTC) recently announced its annual adjustment to the monetary thresholds that apply to mergers,…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions

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Managing Political Speech in the Workplace

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far…more

Civil Rights Act, Employment Discrimination, Employment Policies, Freedom of Religion, Human Resources Professionals

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The Proposed Rule to Amend FAR Guidance on Safeguarding CUI – Care to Comment?

The FAR Council issued a proposed rule that would amend the several FAR provisions and add new clauses to provide guidance on the safe handling of CUI. Public comments on the proposed rule are being accepted until March 17,…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Data Privacy, Data Protection

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State Attorneys General Clash Over the Legality of DEI Initiatives

From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs remain…more

American Bar Association (ABA), Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Supreme Court Imposes Stricter Standards on Employers to Accommodate Religious Beliefs

On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Time to Restate? It's Not Too Late! Upcoming Restatement Deadlines for Pre-Approved Retirement Plans

The Internal Revenue Service (IRS) regularly requires retirement plans to incorporate new laws and regulations. To ensure that pre-approved retirement plans incorporate these required legal and regulatory updates, the IRS…more

401k, Compliance, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits

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So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have…more

Commercial Leases, Escape Clauses, Inspections, Landlords, Lease Termination

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FERC’S Next Big Electric Initiative

On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act,…more

Cost Allocation, Energy Sector, Federal Power Act, Federal Register, FERC

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Drafting Tips For Real Estate Purchase And Sales Agreements

When negotiating a real estate purchase and sale agreement, parties generally — and understandably — concentrate their efforts on the major deal points of their transaction. Consequently, once the agreement is signed those…more

Purchase Agreement, Real Estate Market, Real Estate Transfers, Transfer Taxes

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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Attorney General Pam Bondi’s Memo Concerning Healthcare Treatment for Transgender Minors: Implications for Providers

Recently, Attorney General Pam Bondi purportedly issued an internal memorandum in response to Executive Order 14187 (“Protecting Children from Chemical and Surgical Mutilation”) concerning the treatment of transgender minors by…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Gender Identity, Healthcare Facilities

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WeWork Files for Bankruptcy, Seeks to Renegotiate Hundreds of Leases

On November 6, 2023, WeWork, Inc. and 516 affiliate companies each voluntarily filed petitions in the United States Bankruptcy Court for the District of New Jersey seeking protection under Chapter 11 of the United States…more

Chapter 11, Commercial Bankruptcy, Landlords, Leases, Portfolio Companies

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Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were alerted…more

Document Destruction, GAO, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), IL Supreme Court

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Uncapped Student Athlete Education-Related Benefits' Impact On Federal Student Aid

In the wake of NCAA v. Alston, a student-athlete’s education-related benefits may impact the amount of Federal Student Aid the student-athlete receives. According to the U.S. Department of Education rules, a student who…more

Aid and Attendance Benefits, Alston v NCAA, Department of Education, Federal Grants, Federal Student Aid

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Navigating Employer Responsibilities: SECURE 2.0 Act's Impact on Long-Term Part-Time Rules

The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) introduced the Long-Term Part-Time (LTPT) rules. These rules aim to address the retirement needs of long-term part-time employees who have…more

401k, Compensation & Benefits, Employee Benefits, Employer Contributions, Part-Time Employees

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FEMA Funds Available For Higher Education Institutions

On March 13, 2020, the COVID-19 pandemic was declared a National Emergency by President Trump. This declaration set in motion the availability of FEMA Public Assistance Program (PAP) disaster relief funds to support educational…more

CARES Act, Coronavirus/COVID-19, Educational Institutions, FEMA, Public Assistance

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Updated Guidance On FEMA Public Assistance

In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA…more

Coronavirus/COVID-19, FEMA, Health Care Providers, New Guidance, Non-Profit Hospitals

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MoCRA: Facility Listing and Cosmetic Registration with FDA Direct

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect…more

Cosmetics, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Product Labels

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Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In Johnson…more

Appeals, Business Litigation, Firearms, KS Supreme Court, Liability

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Looking Ahead to the 10-K and Proxy Season: New Requirements and Considerations for the 2025 Reporting Season

As we approach 2025, we want to remind registrants about several new rules that will impact disclosure for the 2024 Form 10-K and 2025 proxy season, note the 2025 deadlines for filings with the Securities and Exchange Commission…more

Artificial Intelligence, Cybersecurity, Disclosure Requirements, EDGAR, Equity Grants

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New Challenge to the Corporate Transparency Act: Firestone v. Yellen

On September 20, 2024, a U.S. District Judge for the District of Oregon rejected new challenges to the constitutionality of the Corporate Transparency Act (CTA) in Firestone, et al. v. Janet Yellen, et al. Case No…more

Commerce Clause, Congressional Authority, Constitutional Challenges, Corporate Transparency Act, Eighth Amendment

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International Trade Law: 2024 Year in Review & Outlook for 2025

Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch…more

Bureau of Industry and Security (BIS), Chevron Deference, China, Connected Cars, Court of International Trade

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EPA Publishes Final Rule Revising Definition of “Waters of the United States”

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Nebraska’s Department of Transportation is (Almost) Charged Up for EV Station Federal Funding Applications

On June 14, 2024, the Nebraska Department of Transportation (“NDOT”) informed potential applicants that, pursuant to its National Electric Vehicle Infrastructure (“NEVI”) plan, applications for federal funding to build electric…more

Automotive Industry, Charging Stations, Department of Transportation (DOT), Electric Vehicles, Federal Funding

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Consensus Releases Recommendations To Reduce College Athlete Injury

The second Safety in College Football Summit, held in February 2016, resulted in the recently published recommendations for Preventing Catastrophic Injury and Death in Collegiate Athletes. These recommendations detail strategies…more

College Athletes, Colleges, Sports, Student Athletes

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FERC's Generator Interconnection Queue Reform Makes Welcome Improvements, but the Devil Will Be in the Details of the Compliance Filings

On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued a landmark order that reforms the generator interconnection process in response to a clear need for nation-wide improvements due to rapidly changing…more

Electric Generation Suppliers, Energy Sector, FERC, Innovative Technology, Interconnections

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Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure

Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the…more

Asbestos, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Paid Sick Leave for Nebraskans Required in 2025

In the November 2024 election, Nebraska voters passed Initiative 436, also known as the Nebraska Healthy Families and Workplace Act. This law mandates paid sick leave for most employees in the state and takes effect October 1,…more

Accrued Benefits, Department of Labor (DOL), Documentation, Employee Benefits, Employee Rights

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Evolving Regulatory Status of PFAS Substances

The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Environmental Site Assessment

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State-By-State Guide to Ag-Gag Legislation - April 7 2025

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional, claiming…more

Activist, Agribusiness, Agricultural Sector, Appeals, Constitutional Challenges

See all updates »

Further Restrictions on IRA Renewable Energy Tax Credits Included in Draft Bill Passed by House

On May 22, 2025, the U.S. House of Representatives passed a new version of H.R. 1, “The One, Big, Beautiful Bill” that would effectively repeal the Inflation Reduction Act’s (IRA’s) clean energy tax credits almost immediately…more

Clean Energy, Energy Policy, Energy Projects, Energy Tax Incentives, Fuel Standards

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Colorado Supreme Court Rules That Regular Rate of Pay Includes Holiday Incentive Pay for Calculating Overtime

Last week, the Colorado Supreme Court issued a highly anticipated decision, finding that the “regular rate of pay” under Colorado law does include holiday incentive pay for purposes of calculating overtime. The Tenth Circuit,…more

Class Action, CO Supreme Court, Fair Labor Standards Act (FLSA), Holiday Pay, Non-Exempt Employees

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States Could Fill Potential Enforcement Gaps on Climate Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) issued new rules aimed at standardizing climate-related disclosures by public companies. Commonly known as the SEC climate disclosure rules, they require companies…more

California, Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Legislation

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Federal Highway Administration Rescinds Longstanding Waiver for Manufactured Products

On January 14, 2025, the Federal Highway Administration (FHWA) announced the end of its general waiver of Buy America requirements for manufactured products. The new FHWA rule aligns the FHWA requirements for manufactured…more

Buy America, Construction Industry, Department of Transportation (DOT), Federal Highway Administration, Final Rules

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Updates on Executive and Legislative Developments Impacting Renewable Energy

Executive and legislative actions impacting renewable energy at the federal, state, and local levels have arisen at an unprecedented rate since President Donald Trump took office. In January, we outlined in this legal update the…more

Fossil Fuel, Inflation Reduction Act (IRA), Regulatory Requirements, Renewable Energy, Solar Energy

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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Supreme Court Decision Means Defense of ERISA Prohibited Transaction Claims Just Got More Difficult and More Protracted

On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service…more

401k, Benefit Plan Sponsors, Cunningham v Cornell University, Defined Contribution Plans, Employee Benefits

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How to Maintain Trademark Registrations in a Pandemic

U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the…more

Coronavirus/COVID-19, Extensions, Pandemic, Trademark Manual of Examining Procedure (TMEP), Trademark Registration

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President Puts Hold on Tariffs and Duties On Solar Panels and Parts of Solar Panels From Vietnam, Cambodia, Malaysia, and Thailand

On June 6, 2022, President Biden declared a national emergency (the “Declaration”) in relation to energy resources and temporarily extended the time of duty-free importation of solar panels and parts from Malaysia, Cambodia,…more

Defense Production Act, Duty Free, Imports, Joe Biden, National Environmental Policies

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Navigating Life Sciences Transactions: Lessons from the Field

This post is the fifth in our five-part series, Navigating Life Sciences Transactions, where our team of attorneys provides essential strategies and insights for successful life sciences transactions. Throughout this series,…more

Acquisitions, Corporate Governance, Due Diligence, Intellectual Property Protection, Life Sciences

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Pouring Over Options: Corporate Structures for Functional Beverage Brands

Whether at 7-11 or at your local grocery chain, functional beverages line the aisles, touting their nutritional and health benefits. The functional beverage industry is becoming big business, but as this industry bubbles up,…more

Beverage Manufacturers, Business Taxes, C-Corporation, Entrepreneurs, General-Business

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Removal of NCUA Board Members: What it Means for You

After the first 100 days of President Donald Trump’s second term, few areas of government have avoided disruption or controversy, and the regulation of credit unions—normally a quiet corner within the federal bureaucracy—has…more

Board of Directors, Constitutional Challenges, Credit Unions, Judicial Authority, NCUA

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Regulatory Consistency Act Would Bring Sweeping Changes for Local Governments in Texas

The Texas Legislature approved HB 2127, the Texas Regulatory Consistency Act, on May 23, 2023, and the bill is soon expected to be signed into law by Governor Greg Abbott. Upon the Governor’s signature, HB 2127 would go into…more

Local Governance, Local Ordinance, Regulatory Agenda, State and Local Government, Texas

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New California Transparency Requirements for Substance Abuse Treatment Centers

Beginning January 1, 2022, California licensed residential substance abuse treatment facilities will be required to disclose certain licensing information to the public. SB 541 adds Health and Safety Code section 11831.12,…more

California, Drug Treatment, Healthcare Facilities, Licenses, Substance Abuse

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DE&I Rollbacks: Are Banks in the Crosshairs?

In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use…more

Anti-Discrimination Policies, Banks, Community Reinvestment Act, Diversity and Inclusion Standards (D&I), Enforcement Actions

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Carbon Sequestration and Pore Space Ownership: A 2024 Recap

Carbon capture and sequestration (CCS) a highly effective means of reducing carbon dioxide (CO₂) emissions and mitigating climate change. This process, which has been utilized for decades, involves capturing CO₂ from sources…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Policies, Environmental Protection Agency (EPA)

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Open-Source Software: Benefits And Legal Risks

What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to…more

Cookies, Copyright, Licenses, Open Source Software, Pass-Through Entities

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California Board of Pharmacy Proposes Amended Regulation Governing Pharmacy Business Discontinuations

On November 15, 2024, the California Board of Pharmacy issued a public notice of its intent to modify Cal. Code Regs. tit. 16 § 1708.2, which governs the discontinuation of pharmacy businesses in California. The regulation…more

Business Closures, Continuity of Care, Discontinuance, Healthcare, Insolvency

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Second Circuit Maintains Key Distinctions Between Term Loans and Securities, Affirms Kirschner Decision

Last month, we reported how a key component of project finance—syndicated term loans—was the subject of a crucial case being heard in the U.S. Court of Appeals for the Second Circuit. In Kirschner v. JP Morgan Chase, the…more

Loans, Project Finance, Renewable Energy, Securities, Syndicated Loans

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SEC Sends Clear Message to Crypto Industry that Registration is Necessary

The Securities and Exchange Commission (SEC) has again flexed its regulatory might in its latest and clearest message to the cryptocurrency market that SEC registration is necessary for most decentralized financial activities,…more

Bitcoin, Cryptoassets, Decentralized Finance (DeFi), Registration Requirement, Securities and Exchange Commission (SEC)

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Funny You Should Ask: Not So Common Employment Questions - April 2021

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of our…more

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

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Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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New York Amends its Data Breach Notification Law

Keypoint: New York has amended its data breach notification law twice in the last 60 days to (1) add a 30-day deadline for notifying affected residents, (2) clarify that covered financial entities must still notify the New York…more

Corporate Counsel, Cybersecurity, Data Breach, Data Privacy, Data Security

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Federal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and Agreements

The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act (“BABA”), was signed into law by President Biden on November 15, 2021. BABA provisions apply to all Federal…more

Build America Investment Initiative, Buy America, Federal Funding, Grants, Infrastructure

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EEOC Issues Final Rule to the Pregnant Workers Fairness Act

New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Reasonable Accommodation

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Major Changes in the Jurisdictional Laws in Illinois

Senate Bill 328, as amended, makes significant changes to the law governing jurisdiction in Illinois, which would change Illinois from a specific jurisdiction state to a general jurisdiction state for actions that allege injury…more

Business Corporation Act, Business Entities, Business Litigation, Corporate Governance, Foreign Corporations

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Exploring Forbearance Issues In The Context Of COVID-19

Overview- The lightning-fast spread of COVID-19 around the world has quickly transformed our commercial and financial outlook, ending one of the longest economic expansions in U.S. history and throwing future prosperity into…more

Coronavirus/COVID-19, Forbearance Agreements, Lenders

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Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are…more

Adverse Action, Adverse Employment Action, Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Federal and California Regulators Advance Autonomous Vehicle Rules, Setting the Stage for Accelerating Deployment

Recent moves by federal and California regulators point to increased support for the development and accelerated rollout of autonomous vehicles (AVs). While these changes are incremental rather than sweeping, they show a growing…more

Automated Systems, California, DMV, Government Agencies, NHTSA

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Effective January 1, 2021: City Of St. Louis Private Employers Must Comply With Ban-The-Box Ordinance

Effective January 1, 2021, private sector employers with 10 or more employees in the City of St. Louis must comply with Ordinance 71074 (the Ordinance), a ban-the-box ordinance that prohibits employers from asking job applicants…more

Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues, Hiring & Firing

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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Supreme Court Decision Means Defense of ERISA Prohibited Transaction Claims Just Got More Difficult and More Protracted

On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service…more

401k, Benefit Plan Sponsors, Cunningham v Cornell University, Defined Contribution Plans, Employee Benefits

See all updates »

Minnesota Expands its Fair Lending Statute to Cover Gender Identity Discrimination

Minnesota has expanded its fair lending statute to prohibit discriminating against a person in the extension of credit or in the requirements of obtaining credit because of gender identity. Prior to this amendment, the Minnesota…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Discriminatory Lending Practices, ECOA

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U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and…more

Dear Colleague Letter, Department of Education, Disability, Educational Institutions, Equal Opportunities

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Hospice Survey Overhaul: An Unwelcome Surprise in COVID Relief Bill

The latest COVID Relief and Funding law passed in December 2020 brings dramatic changes to the hospice survey process. While CMS will need to engage in future rulemaking to implement the new framework, Congress created a clear…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Relief Measures, Surveys

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Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed…more

Department of Education, Educational Institutions, Harassment, Hostile Environment, Notice of Proposed Rulemaking (NOPR)

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Navigating Life Sciences Transactions: Lessons from the Field

This post is the fifth in our five-part series, Navigating Life Sciences Transactions, where our team of attorneys provides essential strategies and insights for successful life sciences transactions. Throughout this series,…more

Acquisitions, Corporate Governance, Due Diligence, Intellectual Property Protection, Life Sciences

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Everywhere a Sign: Remote Notarization in Renewable Energy Projects

The renewable energy industry is growing rapidly but it faces several challenges, including ever-increasing competition amongst developers for rights to the same land. This creates a race between developers to encumber project…more

Leases, Mineral Leases, Notarization, Remote Notarization, Renewable Energy

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EPA Delays Effective Date for PFAS Reporting Regulation to March 2025

In February 2025, the United States Environmental Protection Agency announced it will delay the addition of nine per- and polyfluoroalkyl substances (“PFAS”) to its Toxics Release Inventory Report for the 2025 reporting year…more

Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, PFAS

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Mary T. Boyle: New Commissioner for the Consumer Product Safety Commission

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for…more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, E-Commerce, Enforcement

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Preview of a Post-Chevron World: The Seventh Circuit Upholds Regulation B's Discouragement Prohibition as Consistent with ECOA

With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For a…more

Chevron Deference, Consumer Financial Protection Bureau (CFPB), Credit Applicants, ECOA, EFTA

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Trump NSPM Proposes Changes to CFIUS Process and Outbound Investment Rules

On Friday, February 21, 2025, President Trump issued a National Security Presidential Memorandum (“NSPM”) titled “America First Investment Policy” which directed multiple federal agencies to take action to further restrict…more

Artificial Intelligence, CFIUS, China, Defense Production Act, Executive Orders

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

See all updates »

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in Federal Court

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?…more

Discovery, Expert Witness, Federal Rules of Civil Procedure, Federal Rules of Evidence, Litigation Strategies

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The Future of Hospital at Home

The Acute Care Hospital at Home model (ACHAH) provides traditional hospital inpatient acute-level services at home. Prior to the pandemic a Centers for Medicare and Medicaid pilot study yielded positive results with respect to…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Home Health Care, Hospitals, Public Health Emergency

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When Less Isn’t More: the Texas Hemp Ban and the Risks of Unregulated Markets

Late last Wednesday evening the Texas House of Representatives dealt the hemp industry in the Lone Star State what can only be described as a Texas size heartache with the passage of Senate Bill 3 (SB3), effectively banning all…more

Agribusiness, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Enforcement Actions

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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IRS Cutbacks May Impact Healthcare M&A Transactions

Kevin’s practice involves guiding clients through the complexities of federal, state, local and international taxation. Kevin routinely advises business entities, tax-exempt organizations and high net worth individuals on a…more

Acquisitions, Corporate Taxes, Due Diligence, Healthcare, Internal Revenue Code (IRC)

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Colorado Legislature Passes First-in-Nation Artificial Intelligence Bill

Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial…more

Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Colorado, Corporate Counsel

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In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’…more

Compelled Speech, First Amendment, Fourteenth Amendment, Government Speech Doctrine, Governor Abbott

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FDA Bans the Use of Red No. 3 in Food and Ingested Drugs

On January 16, the U.S. Food and Drug Administration (FDA) announced that it is revoking the authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingested drugs. The dye is commonly used in…more

Consumer Protection Laws, Dietary Supplements, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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Update: Democratic Commissioners File Lawsuit Following Trump’s Firing

Last week, we reported on the Trump Administration’s abrupt firing of all three Democratic Commissioners of the Consumer Product Safety Commission (“CPSC” or the “Commission”). At the time, the fired Commissioners expressed…more

Administrative Procedure Act, Consumer Product Safety Commission (CPSC), Donald Trump, Employee Rights, Government Agencies

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Alternative Commercial Finance Monthly | February 2025

Last month, we reported several laws scheduled to take effect this year. The first was the Commercial Financing Disclosure Law in Missouri. We have previously summarized this statute for commercial finance brokers who engage in…more

Compliance, Consumer Protection Laws, Disclosure Requirements, Financial Regulatory Reform, Financial Services Industry

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COVID-Related Class Actions Against Higher Education Institutions

COVID-19 has caused devastating losses—tangible and intangible—at U.S. colleges and universities. Those losses appear destined for aggravation by a tidal wave of class action litigation on the horizon. By mid-April, nearly…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Health and Safety, Infectious Diseases

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Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure…more

Asbestos, Asbestos Litigation, Duty of Care, Future Harm, Negligence

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Hospice Insights Podcast - Psychedelics and End of Life Care: Understanding the Legal Landscape

There has been a lot of buzz around psychedelics, and particularly their potential usefulness in treating existential suffering at the end of life. Husch Blackwell was the first law firm in the country to establish a…more

Amicus Briefs, End-of-Life-Care, Health Care Providers, Hospice, Mental Health

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Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in Missouri

Many long-term care residents live in Missouri nursing homes for years. But occasionally circumstances may change such that it is no longer appropriate for the resident to continue to reside at the facility. In certain cases,…more

Appeals, Health Care Providers, Healthcare Facilities, Long Term Care Facilities, Long-Term Care

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Say Goodbye to the Red Dye: Legal Implications Following the FDA’s Recent Ban

On January 16, 2025, the U.S. Food and Drug Administration (FDA) announced a significant regulatory change by revoking the authorization for use of Red Dye No. 3 in food (including dietary supplements) and ingested drugs. As…more

Class Action, Compliance, Consumer Protection Laws, Contract Disputes, False Advertising

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Last Minute Minimum Wage Increase and Sick Leave Amendments to Michigan Employment Law Statutes

In the early morning hours of February 21, 2025, Michigan Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002 into law. SB 8 amended Michigan’s Improved Workforce Opportunity Wage Act. House Bill 4002 amended the…more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB…more

Artificial Intelligence, Bias, Civil Rights Act, Employment Discrimination, Governor Pritzker

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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International Trade Law: 2024 Year in Review & Outlook for 2025

Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch…more

Bureau of Industry and Security (BIS), Chevron Deference, China, Connected Cars, Court of International Trade

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The Disposal Of Non-Economic Damage Caps In The State Of Kansas

In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in a…more

Damage Caps, Health Care Providers, Jury Verdicts, Medical Malpractice, Non-Economic Damages

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One Step Closer To The Federal Decriminalization Of Marijuana

The “Cannabis Administration and Opportunity Act,” was published today. The proposed legislation, sponsored by Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden, delivers a plan for the comprehensive…more

Controlled Substances Act, Decriminalization of Marijuana, Food and Drug Administration (FDA), Marijuana, SBA

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Planning for Retirement Benefits Post-Secure Act

On July 18, 2024, the Internal Revenue Service (IRS) issued final regulations updating the required minimum distribution (RMD) rules. The final regulations reflect changes made by the Setting Every Community Up for Retirement…more

Beneficiaries, Distribution Rules, Employee Benefits, Individual Retirement Account (IRA), IRS

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Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the…more

California, Consumer Protection Laws, OEHHA, Proposed Amendments, Proposition 65

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FMC to Examine Vessel Flagging Laws and Practices

The Federal Maritime Commission (FMC) recently announced it was launching a non-adjudicatory investigation into whether foreign vessel flagging laws and practices create unfavorable shipping conditions for the U.S. trade. The…more

Federal Maritime Commission, Government Agencies, International Trade, Investigations, Maritime Transport

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Legal Insights for Manufacturing: Outlook for 2025

Intensifying international crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers, but hidden among those challenges are exciting opportunities for…more

Artificial Intelligence, Bribery, Complex Corporate Transactions, Compliance, Copyright

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Last Minute Minimum Wage Increase and Sick Leave Amendments to Michigan Employment Law Statutes

In the early morning hours of February 21, 2025, Michigan Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002 into law. SB 8 amended Michigan’s Improved Workforce Opportunity Wage Act. House Bill 4002 amended the…more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

See all updates »

Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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Alternative Commercial Finance Monthly | February 2025

Last month, we reported several laws scheduled to take effect this year. The first was the Commercial Financing Disclosure Law in Missouri. We have previously summarized this statute for commercial finance brokers who engage in…more

Compliance, Consumer Protection Laws, Disclosure Requirements, Financial Regulatory Reform, Financial Services Industry

See all updates »

Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was…more

Department of Labor (DOL), Donald Trump, Employee Rights, Employment Litigation, Executive Orders

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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Arizona Legislature Amends Captive Insurer Provisions of Insurance Code

On May 7, 2025, Arizona Governor Katie Hobbs signed House Bill 2193 into law after the bill passed in the Arizona legislature in late April. HB 2193 amends the captive insurer section of the Insurance Code by reducing the…more

Business Entities, Captive Insurance Company, Corporate Governance, Filing Requirements, Insurance Industry

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Unions Call Time Out on College Athletes, but Campus Organizing Plays On

The Dartmouth Men’s Basketball team, represented by the Service Employees International Union (SEIU) Local 560, requested to withdraw its petition to unionize on December 31, 2024. The petition, approved by the National Labor…more

College Athletes, Fair Labor Standards Act (FLSA), FERPA, NCAA, NLRA

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Navigating the Evolving Challenges of Foreign National Travel

Recent U.S. government actions have created significant challenges for foreign nationals returning to the U.S. from international travel. To ensure a smoother entry process, travelers should consider taking proactive steps to…more

Customs and Border Protection, Data Privacy, Data Protection, Electronic Devices, Foreign Nationals

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Beyond the Stereotype: Confronting Gender-Based Pay Discrimination Against Men

As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender…more

Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination, Pay Discrimination, Pay Equity Laws

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Understanding the 2026 Changes to the Estate, Gift, and Generation-Skipping Tax Exemptions

The Tax Cuts and Jobs Act of 2017 provided major changes to the Internal Revenue Code, specifically doubling the federal estate, gift, and generation-skipping transfer (GST) tax exemption (collectively, the exemption) from…more

Dynasty Trust, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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7 Major Revisions To Standard Form AIA Construction Contracts

The standard construction contract documents issued by the American Institute of Architects (“AIA”) are widely used in the construction industry to delegate various obligations and rights leading up to, and during, a…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contractors

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Texas District Court Vacates Department of Labor's 2024 Overtime Rule, Returning to the Salary Thresholds Set in 2019

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) 2024 overtime rule, which significantly raised the salary thresholds for overtime exemptions under the Fair…more

Chevron Deference, Department of Labor (DOL), Executive Compensation, Fair Labor Standards Act (FLSA), Minimum Salary

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U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement Forthcoming

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the department’s…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Trump Administration Kicks Off February with Major Trade-Related Actions

Our team’s annual report on international trade, published in December 2024, alerted readers that the incoming Trump administration would likely be quick to impose additional tariffs on goods from major U.S. trading partners,…more

Canada, China, CUSMA, Executive Orders, Foreign Policy

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Beneficial Ownership Reporting Under the Corporate Transparency Act

Key Points- •In December 2021, the Financial Crimes Enforcement Network (FinCEN) issued proposed regulations (Proposed Rule) that would implement the beneficial ownership reporting requirements of the Corporate Transparency…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC), New Regulations

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Protecting Energy Project Buyout Rights From Developer Bankruptcy

Energy development contracts commonly permit landlords (on whose land the energy project is constructed) a buyout right with respect to the project, often for a nominal payment… but that right isn’t guaranteed in the event of…more

Bankruptcy Code, Bankruptcy Trustees, Buyouts, Commercial Bankruptcy, Debtors

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Legal Perspectives On CO2-EOR and CCS

In recent years, the importance of carbon capture technology has grown significantly as a means to combat climate change. With the emergence and advancement of geologic technologies, and their application in the energy industry,…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Sector

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Understanding the Unique Benefits of Beneficiary Intentionally Defective Irrevocable Trusts (BIDITs)

A Beneficiary Intentionally Defective Irrevocable Trust (BIDIT) provides a unique planning opportunity because it allows a beneficiary to continue to benefit from his or her own assets while maintaining some level of control and…more

Asset Management, Beneficiaries, Capital Gains, Estate Planning, Estate Tax

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New York City Introduces Bill to Ban Non-Competes

In December 2023, New York governor Kathy Hochul vetoed a bill that would have banned non-compete agreements for workers in New York. Governor Hochul stated that while she recognizes the need to restrict non-compete agreements…more

City of New York, Governor Vetoes, Highly Compensated Employees, New York, Non-Compete Agreements

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NCAA Answers Some House Questions, Leaves Others Up in the Air

The National Collegiate Athletic Association (NCAA) updated its House Settlement Question and Answer document on December 9, 2024, giving insight into how the NCAA is preparing for the settlement’s potential approval (see our…more

Alston v NCAA, Class Action, College Athletes, Educational Institutions, Name and Likeness

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U.S. Supreme Court Unanimously Rejects Heightened Standard for "Reverse Discrimination" Claims

On June 5, 2025, in Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously rejected the “background circumstances” test previously applied by several federal circuits in “reverse discrimination” cases…more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs

On April 27, 2021, the United States Tax Court held that legal fees incurred by generic drug manufacturers in connection with “Section 271(e)(2)” patent infringement suits are deductible as ordinary business expenses and need…more

Abbreviated New Drug Application (ANDA), Appeals, Food and Drug Administration (FDA), Generic Drugs, IRS

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State-By-State Recording and Notarization Guidance: Responding to COVID-19

Notarization and recording are key step in closing transactions, but since the outbreak of COVID-19, these often overlooked components have gained renewed attention due to the difficulty of traditional recording and notarization…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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The Labor Law Insider: Student Athletes as Employees – Changes and Updates on the Dartmouth Case, NIL Litigation

Labor Law Insider host Tom Godar is joined by attorneys Tyler Paetkau and Jason Montgomery to discuss the ever-changing labor law implications for college athletes. We dive into the issue of whether student athletes have the…more

College Athletes, Colleges, Federal Labor Laws, Name and Likeness, NCAA

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New Program To Provide Relief To Restaurant Industry

The Restaurant Revitalization Funding (RRF) program, established pursuant to the American Rescue Plan Act signed into law March 11, 2021, provides eligible businesses with the opportunity to recoup a portion of their…more

American Rescue Plan Act of 2021, Business Expenses, Chapter 11, Coronavirus/COVID-19, Federal Grants

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NLRB Curtails Employers' Ability to Advocate to Remain Union Free: Long-Standing Precedent Rebuked

On November 13, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) ruling that an employer violates the National Labor Relations Act by requiring employees under…more

Amazon, Discipline, Employee Rights, Employer Liability Issues, Labor Relations

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Texas Sues CMS to Halt Recoupment of $83 Million in Medicaid Payments

On December 11, 2024, the Texas Medicaid Agency filed suit against CMS in Federal District Court in Austin to fight an $83 million disallowance of Medicaid payments made to hospital providers in the Austin area between 2014 and…more

Centers for Medicare & Medicaid Services (CMS), Hospitals, Medicaid, Public-Private Entities, Recoupment

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Two Northeast Grid Operators Prepare for Tariffs on Canadian Energy

On February 1, 2025, President Trump issued an executive order titled Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border (Canadian Tariff Order), which, inter alia, imposed a 10 percent import tariff…more

Canada, Energy Sector, Executive Orders, FERC, Imports

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Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,…more

Appellate Courts, Duty to Warn, FIFRA, Insecticide, Product Labels

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Cannabis Law Now Podcast: Local Government and Cannabis Enforcement — What Matters and Why

In this episode, Husch Blackwell's Hilary Bricken hosts Jennifer Morris, former Supervisor of the Cannabis Enforcement Team for Riverside County, California, who discusses her experience navigating one of the toughest cannabis…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana

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Deadline Ahead: NYDFS Compliance Notifications are due by April 15

Businesses that are subject to the NYDFS Cybersecurity Regulations have four weeks left to submit their annual notices of compliance or acknowledge their noncompliance. When the regulations were amended in 2023, several of the…more

Compliance, Compliance Management Systems, Cybersecurity, Data Privacy, Financial Institutions

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California Supreme Court Decides Cotenancy Provisions Are Here to Stay

On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy…more

Breach of Contract, CA Supreme Court, California, Commercial Leases, Commercial Real Estate Contracts

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SEC Levies Extensive Penalties for Late Beneficial Ownership Reporting and Insider Transaction Reports

On September 25, 2024, the Securities and Exchange Commission (SEC) announced settlements with 23 entities and individuals for untimely reporting related to their respective holdings and transactions in public company stock. The…more

Beneficial Owner, Compliance, Filing Deadlines, Policies and Procedures, Reporting Requirements

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Texas Court Upholds Summary Judgment in Silica Case

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The…more

Appeals, Bodily Injury, Corporate Liability, Evidence, Expert Testimony

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The EPA is Reviewing Its 2024 Ban of Chrysotile Asbestos

On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act…more

Appeals, Asbestos, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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Return-To-Work Policies And Procedures For Startups

Many cities and states have issued guidance regarding face coverings, social distancing, and other safety measures for employees. When each state has different, rapidly evolving guidance, and sometimes conflicting guidance, this…more

Coronavirus/COVID-19, Personal Protective Equipment, Re-Opening Guidelines, Sanitation, State Labor Laws

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Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation

In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop…more

Appeals, Attorney Misconduct, Baby Products, Damages, Expert Testimony

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FCA Enforcement May Increase In a Tariff Focused Trade Policy Regime

The first seven weeks of the second Trump Administration has revealed that tariffs are going to be a primary tool in the administration’s trade arsenal to address both domestic and foreign trade policy goals. What is critical…more

Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Executive Orders, False Claims Act (FCA)

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FMC to Examine Vessel Flagging Laws and Practices

The Federal Maritime Commission (FMC) recently announced it was launching a non-adjudicatory investigation into whether foreign vessel flagging laws and practices create unfavorable shipping conditions for the U.S. trade. The…more

Federal Maritime Commission, Government Agencies, International Trade, Investigations, Maritime Transport

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Expanded Borrower Support Under The Main Street Lending Program

In an effort to provide more support for small and medium-sized businesses, on June 8, 2020, the Federal Reserve Board (Board) revised the terms of its “Main Street Lending Program” (Program). The significant changes…more

Borrowers, Federal Reserve, Lenders, Main Street Lending Programs, Main Street New Loan Facility

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Executive Order Seeks to Rapidly Accelerate Development of "Priority" Mining Projects

In a move designed to “facilitate domestic mineral production to the maximum possible extent,” on March 20, 2025, the Trump administration issued an executive order—titled “Immediate Measures to Increase American Mineral…more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Energy Policy, Executive Orders

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Court Finds Solar Energy Company Is Subject to California Rosenthal FDCPA Claim

On August 30, 2023, the California Court of Appeals addressed whether the Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA) protects a non-party to an agreement to pay for electricity produced by a solar energy…more

Consumer Financial Products, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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NJ Court Rules Clickwrap Arbitration Clause Enforceable

On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a red light and collided with another vehicle. The lawyer underwent numerous surgeries and other procedures after…more

Arbitration Agreements, Bodily Injury, Car Accident, Damages, Motion to Compel

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Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous…more

Easements, Government Entities, Independent Power Producers (IPPs), Land Owners, Land Parcels

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Heed Caution: Takeaways From the OIG's Advance Care Planning Report

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) reported in November 2022 that many providers are not complying with Medicare’s billing rules for advance care planning services. In large part,…more

Department of Health and Human Services (HHS), Hospice, Medical Billing Codes, Medicare, OIG

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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Missouri’s New Minimum Wage and Paid Sick Leave Law: Frequently Asked Questions

On November 5, 2024, Missouri voters approved an amendment to RSMo § 290.502, increasing the state minimum wage in 2025 and 2026. In addition, voters approved earned paid leave that employees can use for their own or their…more

Amended Legislation, Collective Bargaining Agreements (CBA), Crime Victims, Fair Labor Standards Act (FLSA), Minimum Wage

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A Check on Experts in the Talcum Powder World

On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)…more

Asbestos Litigation, Consumer Product Companies, Daubert Standards, Expert Testimony, False Advertising