What’s Happening?
On October 16, 2024, the Federal Trade Commission (“FTC”) finalized a rule that, once effective, requires businesses to provide their customers with an easy method of cancelling or terminating “negative…
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/ Antitrust & Trade Regulation, Business Torts, Consumer Protection
The SEC has been busy, both in bringing actions against digital industry participants and in defending against affirmative lawsuits brought against the agency regarding the lack of notice and rulemaking for digital assets under…
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/ Administrative Law, Finance & Banking, Science, Computers, & Technology, Securities Law
On Monday, October 7, 2024, the U.S. Supreme Court declined to consider a petition for certiorari in United States ex rel. Hart v. McKesson Corp., Case No. 23-1293, where relator, Adam Hart (“Relator”), sought review of a Second…
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/ Business Torts, Civil Procedure, Government Contracting, Health, Science, Computers, & Technology
On Wednesday, the Food and Drug Administration (FDA) issued a statement granting additional exemptions from its November 27, 2024 deadline for compliance with certain product transaction requirements. The exemptions followed…
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/ Consumer Protection, Health, Products Liability
In June 2023, the FTC and DOJ (the “Agencies”) proposed a new rule that would significantly change the form and instructions for premerger notifications under the Hart-Scott-Rodino Act (“New HSR Form”). That proposal hinted that…
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/ Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions
While California SB 525 was originally passed over a year ago, after several delays, it is scheduled to finally go into effect on October 16, 2024. The bill will raise the minimum wage for many health care employees in the…
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/ Health, Labor & Employment Law
On September 30, 2024, Judge Mizelle, a federal judge in the Middle District of Florida, ruled that the False Claims Act’s (“FCA”) qui tam enforcement provision is unconstitutional, a ruling that, if followed by other courts,…
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/ Administrative Law, Civil Procedure, Constitutional Law
On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case No. 3:24-cv-1034 (D. Ore.)…
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/ Business Organizations, Constitutional Law, Finance & Banking
On Saturday, September 28th, Governor Newsom vetoed AB 3129, which would have required pre-closing notice to and, in some instances, approval by the California Attorney General for a wide range of private equity health care…
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/ Business Organizations, Health, Mergers & Acquisitions
On August 15, 2024, the U.S. Department of Defense (DoD) published a proposed rule that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide the contractual framework for the agency’s Cybersecurity…
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/ Government Contracting, Military Law, Privacy, Science, Computers, & Technology
The last two weeks have seen a flurry of Congressional hearings addressing key digital asset issues, alongside several noteworthy consent judgments against industry participants from the SEC. These fast-paced developments are…
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/ Finance & Banking, Science, Computers, & Technology, Securities Law
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its…
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/ Administrative Law, Labor & Employment Law
On September 4, 2024, New York Governor Kathy Hochul signed the New York Retail Worker Safety Act (the “Act”) into law. The Act requires all employers in New York with 10 or more employees working at a retail store to prepare a…
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/ Labor & Employment Law
The Corporate Transparency Act (CTA) is a new, federal, legal reporting and compliance regime touching on the ownership and control of covered reporting companies operating in the United States. These reporting companies are…
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/ Business Organizations, Finance & Banking, Taxation
In the last few weeks, decisions by regulatory agencies and courts overseeing cryptocurrency disputes have dominated the Web3 legal news. This can be expected to continue, even as Congress comes back from its August break, as…
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/ Finance & Banking, Science, Computers, & Technology, Securities Law