Venable LLP

2025 Changes to Medicare Part D Will Impact Group Health Plans' Creditable Coverage Determination

The Inflation Reduction Act of 2022 made significant design changes to Medicare Part D effective January 1, 2025. The changes will cause an increase in the actuarial value of Medicare Part D coverage, which will impact whether a…more

Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Health Insurance, Inflation Reduction Act (IRA), Medicare

See all updates »

NEPA Amendments: Highlights and Practical Implications

The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining…more

CEQ, CEQA, Deadlines, Debt Ceiling, Environmental Assessments

See all updates »

Washington's My Health My Data Act - Are You Prepared?

Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with…more

Compliance, Consumer Privacy Rights, Data Privacy, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

See all updates »

City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

See all updates »

Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable…more

Amended Legislation, Charitable Donations, Charitable Organizations, Compliance, Contests & Promotions

See all updates »

The Shifting Landscape of "Green Building" in Virginia

Several jurisdictions throughout Virginia, particularly in the northern suburbs of the Washington, DC metropolitan area, are pushing the envelope on green building practices. These efforts come at a time when the development…more

Construction Project, Green Buildings, Land Developers, LEED Certified, Property Owners

See all updates »

Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers

How far must employers go to accommodate their employees' sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and…more

Americans with Disabilities Act (ADA), De Minimus Doctrine, Employment Policies, Groff v DeJoy, Oral Argument

See all updates »

Proxy Materials and Annual Meetings under Maryland Law - 2024

As we enter the 2024 proxy season, we are providing our annual memorandum to call your attention to certain matters of Maryland law, some new and some continuing, relating to proxy materials and annual meetings about which we…more

Annual Meeting, Corporate Governance, Proxy Materials, Proxy Season, Proxy Statements

See all updates »

NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

See all updates »

Vanessa Bryant v. County of Los Angeles, et al.

More than two years have passed since the tragic helicopter crash that killed basketball player Kobe Bryant, his daughter Gianna Bryant, and all others on board the January 26, 2020 flight. Since that time, several cases related…more

Discovery, Doctor-Patient Privilege, Emotional Injury Claims, PHI, Proximate Cause

See all updates »

What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the…more

Discipline, Employee Misconduct, Employee Rights, Hiring & Firing, NLRB

See all updates »

New PAGA Reforms Incentivize Proactive California Wage and Hour Compliance Efforts

On July 1, 2024, Governor Gavin Newsom signed two bills into law that significantly revamp the Private Attorneys General Act of 2004 (PAGA). These reforms follow a June 18 deal reached between California labor and business…more

Compliance, Employer Liability Issues, Employment Litigation, Employment Policies, Governor Newsom

See all updates »

Missouri Tells Commercial Financing Providers to “Show Me” Disclosures

Missouri is the latest state to enact a disclosure requirement for commercial financing, joining the growing number of states that have done the same. California, New York, Utah, and Virginia were the first states to pass some…more

Brokers, Commercial Loans, Disclosure Requirements, Financing, Lenders

See all updates »

Colorado Amends State Privacy Law to Include Biometric Data Requirements

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go…more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, Compliance, Data Collection

See all updates »

Reminder: California’s Valentine’s Day Deadline to Notify Employees if They Have Void Noncompetes Is Tomorrow (Feb 14)

California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who…more

Former Employee, Non-Compete Agreements, Notice Requirements, Statutory Deadlines, Void and Unenforceable

See all updates »

Federal Court Strikes Blow to HHS Guidance on “Online Tracking Technologies”

Last week, a federal district court in Texas issued a decision declaring unlawful and vacating a central component of a guidance document (the Bulletin) from the Department of Health and Human Services (HHS) Office for Civil…more

Business Associates, Cookies, Covered Entities, Department of Health and Human Services (HHS), Guidance Update

See all updates »

SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

See all updates »

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule on…more

Department of Environmental Quality, Environmental Review, Exemptions, Expedited Approval Process, Housing Developers

See all updates »

[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Abbreviated New Drug Application (ANDA), Hatch-Waxman, Inducement, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram…more

Amazon, Class Action, Copyright Infringement, Copyright Litigation, Copyright Ownership

See all updates »

FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule will…more

Breach Notification Rule, Electronic Medical Records, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Incident Response Plans

See all updates »

New U.S. Chamber of Commerce Report Examines Impacts of Widespread PFAS Bans on the Economy and Daily American Lives

Debates about the health and environmental effects of PFAS are raging, but the societal value of these substances – particularly so-called “fluoropolymers” – has become increasingly clear. Most recently, the U.S. Chamber of…more

Chamber of Commerce, Defense Sector, Department of Defense (DOD), Energy Sector, Information Reports

See all updates »

CFPB Proposes “Larger Participant” Rule to Supervise GeneralUse Digital Consumer Payment Applications

The Consumer Financial Protection Bureau (CFPB) has proposed a rule to define a market for general-use digital consumer payment applications. Larger participants in this market would be subject to CFPB supervision and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Digital Wallets, Financial Services Industry

See all updates »

USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

See all updates »

Evaluating the Cybersecurity Risk of Your Mailing and Publishing Partners

Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and…more

Confidential Information, Cybersecurity, Data Protection, Data-Sharing, Donors

See all updates »

Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

See all updates »

Custody Battles: The FDIC's Latest Proposed Rule on FBO Accounts

The FDIC has issued a proposed rule that would apply to practically all bank-fintech arrangements that use custodial deposit accounts to provide customers with transactional features (also called "FBO" accounts for short)…more

Banking Sector, Banks, Comment Period, Compliance, Deposit Accounts

See all updates »

Title IX's Final Rule Enforceability Still in Flux

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of higher…more

Colleges, Department of Education, Educational Institutions, Final Rules, Harassment

See all updates »

California Attorney General's Recent Enforcement of CCPA and COPPA

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game "SpongeBob: Krusty…more

California Consumer Privacy Act (CCPA), Civil Monetary Penalty, COPPA, Data Collection, Data Privacy

See all updates »

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to…more

Administrative Procedure Act, Arbitrary and Capricious, Chevron Deference, Employment Contract, Federal Bans

See all updates »

How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

Ninth Circuit Rules That TCPA Aggregated Statutory Damages Might Be Unconstitutionally Punitive

​​​​​​​For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified nationwide…more

Calculation of Damages, Class Action, Corporate Counsel, Due Process, Fifth Amendment

See all updates »

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief Instead of Damages

On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting lower…more

Construction Project, Damages, Equitable Relief, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Is Your Business Ready for the Corporate Transparency Act?

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will take effect and impose an obligation on many U.S. entities (and foreign entities doing business in the United States), unless exempted, to report to the…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN

See all updates »

Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

See all updates »

California DMV Requests Feedback on Draft Regulations Authorizing Testing and Deployment of Heavy-Duty and Light-Duty Autonomous Vehicles

Overview: On August 30, 2024, the California Department of Motor Vehicles (DMV) released draft regulatory language for the operation of autonomous vehicles (AVs) and is seeking informal feedback from stakeholders by October 14,…more

Administrative Authority, Automotive Industry, Data Reporting, DMV, Driverless Cars

See all updates »

Custody Battles: The FDIC's Latest Proposed Rule on FBO Accounts

The FDIC has issued a proposed rule that would apply to practically all bank-fintech arrangements that use custodial deposit accounts to provide customers with transactional features (also called "FBO" accounts for short)…more

Banking Sector, Banks, Comment Period, Compliance, Deposit Accounts

See all updates »

Federal Banking Agencies Highlight Bank-Fintech Partnership Risks and Invite Comment

On July 25, 2024, the federal banking agencies issued a joint statement flagging potential risks in bank-fintech arrangements, along with a request for public information (RFI) on the benefits, risks, and risk management…more

Banking Sector, Comment Period, Compliance, Federal Bank Regulatory Agencies, Financial Institutions

See all updates »

Are You One of the 20,000 Self-Certified Service-Disabled Veteran-Owned Small Businesses? Because of a New Regulation, You Should Consider Seeking Certification from the Small Business Administration

On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency…more

Federal Acquisition Regulations (FAR), Final Rules, NDAA, Public Procurement Policies, SBA

See all updates »

Preparing for the EU Cyber Resilience Act

The European Union (EU) is poised to enact the Cyber Resilience Act (CRA), a comprehensive cybersecurity regulation with major implications for software and connected device manufacturers in the United States and globally…more

Compliance, Cyber Incident Reporting, Cybersecurity, Effective Date, Electronic Devices

See all updates »

New PAGA Reforms Incentivize Proactive California Wage and Hour Compliance Efforts

On July 1, 2024, Governor Gavin Newsom signed two bills into law that significantly revamp the Private Attorneys General Act of 2004 (PAGA). These reforms follow a June 18 deal reached between California labor and business…more

Compliance, Employer Liability Issues, Employment Litigation, Employment Policies, Governor Newsom

See all updates »

Eleventh Circuit Affirms MTV Floribama Shore Does Not Infringe Flora-Bama Trademark

The United States Court of Appeals for the Eleventh Circuit recently affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore in MGFB Properties, Inc. v. Viacom Inc., 54 F.4th 670 (11th…more

Appeals, Artistic Works, First Amendment, Lanham Act, MTV

See all updates »

Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs Must be Considered in False Claims Act Cases

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In what…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

See all updates »

Federal Banking Agencies Highlight Bank-Fintech Partnership Risks and Invite Comment

On July 25, 2024, the federal banking agencies issued a joint statement flagging potential risks in bank-fintech arrangements, along with a request for public information (RFI) on the benefits, risks, and risk management…more

Banking Sector, Comment Period, Compliance, Federal Bank Regulatory Agencies, Financial Institutions

See all updates »

Federal Circuit Overrules Obviousness Test for Design Patents and Decades of Precedent

A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global…more

Design Patent, En Banc Review, Obviousness, Patent Litigation, Patents

See all updates »

Save a Life at Work with Naloxone Training

Don't wait until an employee or customer overdoses on opioids at your business to consider implementing a workplace naloxone program. Naloxone is a life-saving opioid overdose treatment that is administered as a nasal spray and…more

Good Samaritans, Safety Precautions, Training

See all updates »

District of Columbia Establishes New Tax Incentives for Office Repositioning in Downtown

On June 25, 2024, the D.C. Council passed the Downtown Activation Conversion Program Amendment Act of 2024, in a strategic effort to revitalize the downtown area—including portions of Dupont Circle, West End, Foggy Bottom, Penn…more

Affordable Housing, Commercial Real Estate Market, Office Space, Property Improvements, Real Estate Development

See all updates »

On April 1, 2024, California's New Office of Health Care Affordability Will Begin Pre-Closing Regulatory Reviews of Certain Health Care Transactions

On June 30, 2022, California Governor Gavin Newsom signed SB-184 into law, which, among other things, created a new Office of Health Care Affordability (OHCA) within the CA Department of Health Care Access and Information. …more

Administrative Agencies, Duty of Oversight, Governor Newsom, Health Care Providers, Healthcare Costs

See all updates »

How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

Playing by the Rules: Sports Programs Face Challenges in Including Transgender Athletes

A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals…more

Athletes, Department of Education, Educational Institutions, Gender Identity, School Districts

See all updates »

Generative AI - Copyright Overview - Part 2

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

See all updates »

Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

See all updates »

SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

See all updates »

Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

See all updates »

SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

See all updates »

Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

See all updates »

Cryptocurrencies, NFTs, and State Tax - There's Lots That We Don't Know Yet

Every so often something new and different comes along in the world of state and local tax that does not fit within the existing conceptual frameworks and rules. For example, the delivery of digital books and other digital media…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Marketplace

See all updates »

“Free” Must Mean Free? FTC Seeks to Enjoin Intuit from Advertising TurboTax as a “Free” Service

At the peak of tax-filing season, when millions of consumers are still considering their method of filing, the Federal Trade Commission has set its sights on Intuit, Inc., one of the largest online tax-filing services. On…more

Advertising, E-Filing, Enforcement Actions, Federal Trade Commission (FTC), Fees

See all updates »

Proposed Regulations Change PFIC Elections for Partnerships

On January 24, 2022, the IRS issued proposed regulations that impact certain elections available to U.S. taxpayers with respect to their indirect interests in passive foreign investment companies (PFICs). Pursuant to the…more

Controlled Foreign Corporations, IRS, Partnerships, Passive Foreign Investment Company, Proposed Regulation

See all updates »

The FTC Brings More Light to Dark Patterns in New Staff Report

​​​​​​​By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as…more

Advertising, Corporate Counsel, Enforcement Priorities, Federal Trade Commission (FTC), Information Reports

See all updates »

California's New Workplace Violence Prevention Law is Now in Effect

California recently enacted the country's first state-mandated workplace violence prevention safety law for general industries. California's Workplace Violence Prevention law took effect on July 1, 2024, applies to virtually all…more

Compliance, Covered Employer, Recordkeeping Requirements, State Labor Laws, Workplace Safety

See all updates »

New Carrot, New Stick: Commerce Encourages Voluntary Self-Disclosures and Disclosures on Others for Potential Export Control Violations

On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures (VSDs)…more

Bureau of Industry and Security (BIS), Civil Monetary Penalty, Enforcement, Enforcement Actions, Entity List

See all updates »

Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

See all updates »

Genzyme Files Complaint Against Sarepta Concerning Gene Therapy Elevidys®

On July 26, 2024, Genzyme filed a complaint (“Complaint”) against Sarepta Therapeutics (“Sarepta”) in the District of Delaware. Genzyme Corp. v. Sarepta Therapeutics, Inc., No. 1:24-cv-00882 (D. Del.). In its complaint, Genzyme…more

Patent Infringement, Patent Litigation, Patent-in-Suit, Patents, Pharmaceutical Industry

See all updates »

Should I Register My Entity to Do Business in a State? Supreme Court Case Reminds Us of the Scope of Considerations

Clients frequently ask whether a business entity needs to register to do business in a particular state with which the entity has begun to have some degree of ongoing contact. In responding we typically consider the state's…more

Business Formation, Business Taxes, Corporate Governance, Doing Business, Due Process

See all updates »

Green Book Proposals Related to Estate and Gift Tax

On March 28, the Biden administration released its budget recommendations for fiscal year 2023 (which begins this October 1). The budget calls for nearly $5.8 trillion in spending during the upcoming fiscal year, offset by $4.6…more

Biden Administration, Electronic Filing, Estate Tax, Federal Budget, Gift Tax

See all updates »

ERTC Refund Lawsuits: Is Now the Time to File?

Many employers who filed employee retention tax credit (ERTC) refund claims have been waiting months or even years to receive refund checks. The IRS stopped processing refund claims in mid‑July of 2023 and publicly announced a…more

CARES Act, Coronavirus/COVID-19, Employee Retention, IRS, Litigation Strategies

See all updates »

New York State Freelance Isn't Free Act

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is…more

Employer Liability Issues, Employer Responsibilities, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

See all updates »

Court Rules FTC’s Non-Compete Rule Is Unenforceable Nationwide

The Federal Trade Commission’s (FTC) rulemaking crusade suffered a serious blow this week, when Judge Ada Brown of the Northern District of Texas set aside the agency’s Final Rule that made most employment-related non-compete…more

Administrative Procedure Act, Arbitrary and Capricious, Chevron Deference, Employment Contract, Federal Bans

See all updates »

What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine Independent Contractor Status

Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Implications of Loper Bright for FDA-Regulated Products

Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long-standing Chevron deference principle. Here, the FDA Practice Group offers some of its own…more

Administrative Procedure Act, Biologics Price Competition and Innovation Act of 2009, Chevron Deference, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Healthcare Impacts in a Post-Chevron World

The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Government Agencies, Health Care Providers

See all updates »

Surviving an FTC Investigation: An Excerpt from the Advertising Law Tool Kit

If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?…more

Advertising, Best Practices, Civil Investigation Demand, Federal Trade Commission (FTC), FTC Act

See all updates »

Federal Circuit Panel Hears Oral Arguments in In re Cellect, LLC to determine the Fate of Patent Term Adjustments

On June 9, 2023, the Federal Circuit—presided over by Judges Lourie, Dyk, and Reyna—held oral arguments in In re Cellect, LLC. The case that many clients, especially the biotechnology and pharmaceutical companies, have been…more

Obviousness, Obviousness-Type Double Patenting (ODP), Oral Argument, Patent Litigation, Patent Term Adjustment

See all updates »

Event in Review: Private Equity Investment in Healthcare

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Corporate Practice of Medicine

See all updates »

Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

See all updates »

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office, Copyright Ownership

See all updates »

Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

See all updates »

Minimizing De Minimis

On September 13, the Biden-Harris administration announced new actions to address "significant increased abuse" in the use of the de minimis import exemption. The de minimis import exemption allows low-value shipments (i.e.,…more

Biden Administration, Certification Requirements, China, Compliance, Consumer Product Safety Commission (CPSC)

See all updates »

Loper Decision Impact on Patent Law

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group…more

America Invents Act, Chevron Deference, Government Agencies, Imports, International Trade Commission (ITC)

See all updates »

Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

See all updates »

Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

See all updates »

November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid…more

Bid Protests, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

See all updates »

New USPTO Guidelines: After the Supreme Court's Amgen Decision, In re Wands Factors Remain Applicable Enablement Framework

On January 10, 2024, the United States Patent and Trademark Office (USPTO) issued "Guidelines for Assessing Enablement in Utility Applications and Patents in View of the U.S. Supreme Court Decision in Amgen Inc. et al. v. Sanofi…more

Amgen v Sanofi, Enablement Inquiries, Intellectual Property Protection, New Guidance, Patent Litigation

See all updates »

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a…more

Injunctive Relief, Multi-Factor Test, NLRA, NLRB, Popular

See all updates »

Sackett v. EPA: What's Next for Clean Water Act Jurisdiction?

Clean Water Act practitioners have spent the past 50 years learning how to identify a wetland or water body that qualifies for federal jurisdiction—and the past 17 parsing the phrase "significant nexus." The upshot was that…more

Clean Water Act, Corporate Counsel, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

See all updates »

Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Electronic Records, Influencers, Ownership of Works, Personal Property, Social Media

See all updates »

Are You One of the 20,000 Self-Certified Service-Disabled Veteran-Owned Small Businesses? Because of a New Regulation, You Should Consider Seeking Certification from the Small Business Administration

On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency…more

Federal Acquisition Regulations (FAR), Final Rules, NDAA, Public Procurement Policies, SBA

See all updates »

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

See all updates »

Federal Efforts to Incentivize States to Promulgate False Claims Statutes

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and…more

Anti-Retaliation Provisions, Civil Monetary Penalty, Deficit Reduction, Department of Health and Human Services (HHS), Enforcement Authority

See all updates »

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consent, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights

See all updates »

Loper Decision Impact on Patent Law

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group…more

America Invents Act, Chevron Deference, Government Agencies, Imports, International Trade Commission (ITC)

See all updates »

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the same…more

Breach of Duty, Competition, Confidential Information, Duty of Loyalty, Federal Contractors

See all updates »

On Notice: BIS Issues Guidance on Agency Mechanisms for Identifying and Informing U.S. Entities of Export Diversion Risks

Typically, the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce administers export controls on end users by designating those persons on one of its public screening lists—e.g., the Unverified List,…more

Best Practices, Bureau of Industry and Security (BIS), End-Users, Entity List, Export Controls

See all updates »

Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

See all updates »

Looming U.S. Government Shutdown Expected to Disrupt Trade Activity

As members of Congress continue to negotiate government spending levels allotted for the next fiscal year, the United States is poised for its fourth partial government shutdown in the last decade—putting at risk the regular…more

Appropriations Bill, Bureau of Industry and Security (BIS), Census Bureau, Customs and Border Protection, Department of Transportation (DOT)

See all updates »

Part 1: Cooperation in Government Investigations and Voluntary Self-Disclosure: What to Expect After DOJ’s Latest Guidance

​​​​​​​On September 15, Deputy Attorney General Lisa Monaco issued a department-wide memorandum containing revisions to the Justice Department’s (DOJ) corporate criminal enforcement policies (“the Memorandum”), including…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Enforcement

See all updates »

Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

See all updates »

Annual Stockholders Meeting: Preparation Guide

We often assist clients with preparation for annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement disclosures and board approvals,…more

Annual Meeting, Corporate Governance, Publicly-Traded Companies, Shareholder Meetings

See all updates »

Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

See all updates »

Looming CTA Disclosure Requirements and Healthcare Providers

The Federal Corporate Transparency Act (the CTA), 31 U.S.C. §5336, will soon require certain entities to disclose to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) certain pieces of identifying information…more

Anti-Money Laundering, Beneficial Owner, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Covered Entities

See all updates »

District of Columbia Establishes New Tax Incentives for Office Repositioning in Downtown

On June 25, 2024, the D.C. Council passed the Downtown Activation Conversion Program Amendment Act of 2024, in a strategic effort to revitalize the downtown area—including portions of Dupont Circle, West End, Foggy Bottom, Penn…more

Affordable Housing, Commercial Real Estate Market, Office Space, Property Improvements, Real Estate Development

See all updates »

New York Commercial Financing Disclosure Requirements

Providers of commercial financing that are subject to the New York State Commercial Finance Disclosure Law (CFDL) must provide disclosures to potential recipients of commercial financing at the time a specific offer of financing…more

Commercial Loans, Disclosure Requirements, Financing, Lenders, NYDFS

See all updates »

The Major Statement: FDA's Recent Q&A Guidance and Rulemaking on Direct-to-Consumer Prescription Drug Advertisements and the November Deadline

On December 26, 2023, the Food and Drug Administration (FDA) issued a Small Entity Compliance Guide Final Guidance Document: Direct-to-Consumer Prescription Drug Advertisements: Presentation of the Major Statement in a Clear,…more

Advertising, Direct to Consumer Sales, Final Guidance, Final Rules, Food and Drug Administration (FDA)

See all updates »

Court of Chancery Provides Further Guidance on Advance Notice Bylaw Amendments Amidst a Proxy Contest

Hi In “a tale of wins and losses on both sides,” the Delaware Court of Chancery reiterated that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens of enhanced judicial scrutiny to…more

Board of Directors, Breach of Duty, Bylaws, Corporate Governance, Delaware General Corporation Law

See all updates »

FTC Strikes Down Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule that…more

Biden Administration, Chamber of Commerce, Employer Liability Issues, Employment Contract, Exemptions

See all updates »

Supreme Court to Hear Case That Could Overrule Chevron and Curtail Administrative Agencies' Ability to Regulate Broadly

The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the…more

Administrative Agencies, Administrative Authority, Chevron Deference, Rulemaking Process, SCOTUS

See all updates »

More than Just Mergers: Individual Shareholder Fined Nearly $1 Million for HSR Violation

On September 18, 2024, the Federal Trade Commission (FTC) announced that Ryan Cohen, an entrepreneur and the current chairman and CEO of GameStop Corp., has agreed to pay $985,320 to settle charges that his acquisition of Wells…more

Acquisitions, Civil Monetary Penalty, Enforcement Actions, Federal Trade Commission (FTC), Filing Requirements

See all updates »

Proposed Regulations Change PFIC Elections for Partnerships

On January 24, 2022, the IRS issued proposed regulations that impact certain elections available to U.S. taxpayers with respect to their indirect interests in passive foreign investment companies (PFICs). Pursuant to the…more

Controlled Foreign Corporations, IRS, Partnerships, Passive Foreign Investment Company, Proposed Regulation

See all updates »

AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

See all updates »

Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

See all updates »

Forward-Looking Statements: Safe Harbors Compliance Guidelines

The securities law disclosure framework has evolved to encourage; companies acting in good faith to disseminate relevant projections pertaining to their businesses to the general public "without fear of open-ended liability."…more

Compliance, Corporate Governance, Corporate Issuers, Disclosure Requirements, EDGAR

See all updates »

Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

See all updates »

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

See all updates »

Future-Proofing: The Top Five Things to Know Before Launching a Digital Brand, Product, or Service

New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your…more

Artificial Intelligence, Authorship, Copyright, Cybersecurity, Entertainment Industry

See all updates »

Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

See all updates »

Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable…more

Amended Legislation, Charitable Donations, Charitable Organizations, Compliance, Contests & Promotions

See all updates »

“Don’t Let the Sun Go Down on Me” - Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025

The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

See all updates »

Forward-Looking Statements: Safe Harbors Compliance Guidelines

The securities law disclosure framework has evolved to encourage; companies acting in good faith to disseminate relevant projections pertaining to their businesses to the general public "without fear of open-ended liability."…more

Compliance, Corporate Governance, Corporate Issuers, Disclosure Requirements, EDGAR

See all updates »

Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

See all updates »

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in Size-Protest-Turned-False-Claims-Act Case

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA)…more

Bid Protests, False Claims Act (FCA), Federal Contractors, Federal Procurement Systems, Gross Receipts

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

See all updates »

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing…more

American Civil Liberties Union (ACLU), Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Automated Systems

See all updates »

CFPB Officially Adds UDAAP to Its Anti-Discrimination Tool Kit

The CFPB intends to use its authority under the Consumer Financial Protection Act to identify, prohibit, and prosecute discrimination as a UDAAP - an "unfair" act or practice in any financial services category, whether it be…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), ECOA, Financial Services Industry, UDAAP

See all updates »

New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider Now Before the Ban Takes Effect

Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign…more

Contract Terms, Covered Employees, Employment Contract, Exceptions, Non-Compete Agreements

See all updates »

Annual Stockholders Meeting: Preparation Guide

We often assist clients with preparation for annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement disclosures and board approvals,…more

Annual Meeting, Corporate Governance, Publicly-Traded Companies, Shareholder Meetings

See all updates »

CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Abbreviated New Drug Application (ANDA), Hatch-Waxman, Inducement, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Loper Decision Impact on Patent Law

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group…more

America Invents Act, Chevron Deference, Government Agencies, Imports, International Trade Commission (ITC)

See all updates »

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Artificial Intelligence, Authors, Authorship, Computer-Related Inventions, Copyright

See all updates »

Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

See all updates »

Offensive Security Under the EU Digital Operational Resilience Act (DORA)

The Digital Operational Resilience Act (DORA) regulation is part of the European Union’s (EU) strategy to enhance the overall stability of the EU financial system by ensuring that financial entities are resilient to digital…more

Banking Sector, Compliance, Cyber Threats, Cybersecurity, Data Security

See all updates »

Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

See all updates »

DOJ Announces Corporate Criminal Self-Disclosure Policy for All U.S. Attorneys' Offices

On Wednesday February 22, 2023, the Department of Justice (DOJ) announced a voluntary corporate self-disclosure policy for all U.S. Attorneys' Offices, effective immediately. The policy adopts a uniform standard for companies…more

Cooperation, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Healthcare Fraud

See all updates »

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

See all updates »

Impact of Loper Bright on International Trade Issues

Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers its…more

Administrative Authority, Chevron Deference, Customs and Border Protection, Federal Maritime Commission, Foreign Policy

See all updates »

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule on…more

Department of Environmental Quality, Environmental Review, Exemptions, Expedited Approval Process, Housing Developers

See all updates »

[Webinar] Post Mid-Year Government Contracts Round-Up: Compliance – Highlights from the First Part of 2022 - August 16th, 2:00 pm - 3:00 pm ET

Thus far in 2022, the Biden administration has focused on a number of key areas as they relate to government contractors. Join attorneys from Venable's Government Contracts Group for a discussion of key developments in…more

Biden Administration, Compliance, Cybersecurity, Enforcement, Federal Contractors

See all updates »

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered…more

College Athletes, Colleges, Compensation, Economic Realities Test, Employee Definition

See all updates »

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consent, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights

See all updates »

Title IX's Final Rule Enforceability Still in Flux

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of higher…more

Colleges, Department of Education, Educational Institutions, Final Rules, Harassment

See all updates »

[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

See all updates »

An Independent School’s Guide to the New DOL Overtime Rule

In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Faculty, Fair Labor Standards Act (FLSA)

See all updates »

Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value of the Prime Contract

A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million…more

Construction Contracts, Contract Drafting, Contract Negotiations, Contract Terms, Federal Contractors

See all updates »

Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

See all updates »

Jarkesy: SEC Change-Up - The Supreme Court Curbs the Use of Administrative Courts for Litigated Fraud Claims and Civil Penalties

In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Article III

See all updates »

Navigating SEC Cybersecurity Disclosure Guidance for Public Companies

This week the SEC’s Division of Corporation Finance released compliance and disclosure interpretations (C&DIs) pertaining to the latest cybersecurity disclosure requirements. The C&DIs provide guidance on when public companies…more

C&DIs, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

See all updates »

Supreme Court's Chevron Decision and Its Implications for AI Regulation

On June 28, the Supreme Court issued a landmark decision on Chevron deference through its rulings on Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These decisions reversed the long-standing…more

Administrative Procedure Act, Artificial Intelligence, Chevron Deference, Chevron v NRDC, Compliance

See all updates »

Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

ISS Releases 2025 Policy Survey

Institutional Shareholder Services Inc. (ISS) recently released its Annual Benchmark Policy Survey (the "Policy Survey"). In keeping with its prior practice, ISS seeks responses from institutional shareholders, issuers,…more

Benchmarks, Climate Change, Corporate Governance, Diversity, Executive Compensation

See all updates »

[Ongoing Program] Life Sciences Series - Closing the Gender Gap - October 3rd, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

C-Suite Executives, Diversity, Employee Retention, Gender Equity, Leadership

See all updates »

AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

See all updates »

The FDA-AAFCO MOU Will Not Be Renewed

As announced earlier this month, the longstanding Memorandum of Understanding (MOU) between the Food and Drug Administration (FDA or Agency) and the Association of American Feed Controls Officials (AAFCO) will expire on October…more

Agricultural Sector, Animal Food, Comment Period, Draft Guidance, Federal Register

See all updates »

Political Advertising: A Lucrative Election-Year Market with Unique Pitfalls

With the 2024 elections well underway, advertisers of all stripes are seeking new and more efficient ways to reach potential voters, donors, and supporters across platforms. The market for political advertising on U.S. elections…more

Advertising, Compliance, Digital Platforms, Fundraisers, Lobbyists

See all updates »

Jarkesy: SEC Change-Up - The Supreme Court Curbs the Use of Administrative Courts for Litigated Fraud Claims and Civil Penalties

In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Article III

See all updates »

Expansive Accommodation Requirements under the Pregnant Workers Fairness Act Proposed Regulations

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming…more

Americans with Disabilities Act (ADA), Duty to Accommodate, Employer Responsibilities, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

[Ongoing Program] Life Sciences Series - Product Liability Risk Management Strategies in the Pre and Early Litigation Time Frame - October 19th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Corporate Communications, Crisis Management, Life Sciences, Product Recalls, Risk Management

See all updates »

First Verdict Under Illinois Biometric Information Privacy Act a Sign of Things to Come

A jury in the matter of Rogers v. BNSF Railway Co, Case No. 1:19-CV-03083 (N.D. Ill.) recently rendered the first verdict under Illinois' Biometric Information Privacy Act (BIPA). This class action matter involved the collection…more

Biometric Information, Biometric Information Privacy Act, Class Action, Commercial Truck Drivers, Data Collection

See all updates »

Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

See all updates »

[Webinar] Post Mid-Year Government Contracts Round-Up: The Most Important Bid Protest Decisions of 2022 So Far - August 9th, 2:00 pm - 3:00 pm ET

The U.S. Government Accountability Office (GAO) and federal courts have addressed several important issues this year. Join attorneys from Venable's Government Contracts Group for an overview of the most important decisions in…more

Bid Protests, Bid Solicitation, Federal Contractors, GAO, Procurement Guidelines

See all updates »

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and automatic…more

Advertising, Automatic Renewals, Cancellation Rights, Consumer Contracts, Corporate Counsel

See all updates »

California Supreme Court Clarifies What Qualifies as Hours Worked

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees…more

Apple, CA Supreme Court, Class Action, Control Test, Employer Liability Issues

See all updates »

"Yes in God's Back Yard" Legislation Is the Next Tool to Battle the Housing Crisis

On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by Senator…more

Affordable Housing, CEQA, Churches, Colleges, Governor Newsom

See all updates »

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the…more

Bid Protests, Biden Administration, China, Conflicts of Interest, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

See all updates »

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing…more

American Civil Liberties Union (ACLU), Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Automated Systems

See all updates »

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages…more

Appeals, Defense Strategies, Employment Litigation, Good Faith, Hiring & Firing

See all updates »

Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

See all updates »

The Evolving Status of Settlement Bar Orders after Purdue

Following the U.S. Supreme Court’s ruling in Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P, et al., which disallowed non-consensual third-party releases in Chapter 11 plans of reorganizations, bankruptcy…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors, Harrington v Purdue Pharma L P

See all updates »

Political Advertising: A Lucrative Election-Year Market with Unique Pitfalls

With the 2024 elections well underway, advertisers of all stripes are seeking new and more efficient ways to reach potential voters, donors, and supporters across platforms. The market for political advertising on U.S. elections…more

Advertising, Compliance, Digital Platforms, Fundraisers, Lobbyists

See all updates »

City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

See all updates »

Forward-Looking Statements: Safe Harbors Compliance Guidelines

The securities law disclosure framework has evolved to encourage; companies acting in good faith to disseminate relevant projections pertaining to their businesses to the general public "without fear of open-ended liability."…more

Compliance, Corporate Governance, Corporate Issuers, Disclosure Requirements, EDGAR

See all updates »

Environmental Law in a Post-Chevron World

Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of its…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Climate Change

See all updates »

ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

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

See all updates »

States Encouraged by CFPB to Enforce Federal Consumer Financial Law

The Consumer Financial Protection Bureau ("the Bureau" or CFPB) released an Interpretive Rule - which is exempt from notice-and-comment requirements of the Administrative Procedure Act - that sets out its view on the power of…more

Administrative Procedure Act, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Authority, Interpretive Rule

See all updates »

New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

See all updates »

Whose Value Is It, Anyway?

On June 6, 2024, the U.S. Supreme Court issued a unanimous decision in Connelly v. United States affecting the valuation of closely held businesses for estate tax purposes. The Court explained that, for purposes of federal…more

Business Succession, Business Valuations, Closely Held Businesses, Connelly v United States, Estate Planning

See all updates »

DAO or Dare: The Implications of Sarcuni v. bZx DAO for DAO Member Liability

The blockchain community has debated for years whether Decentralized Autonomous Organizations (DAOs) can or should be analogized to a corporate form and whether they operate to insulate DAO members from legal liabilities. Some…more

Blockchain, Data Breach, Data Security, Decentralized Autonomous Organization (DAO), General Partnerships

See all updates »

Los Angeles Bans Political Contributions by Developers and Property Owners

A new law took effect in the city of Los Angeles on June 8 that prohibits developers, property owners, and their respective principals from making local political contributions while certain planning applications are pending…more

Building Permits, Commercial Property Owners, Construction Project, Ethics, Local Ordinance

See all updates »

[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it is…more

Advertising, Best Practices, Blockchain, Brand, Charitable Sales Promotion

See all updates »

Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Defendant Appeals to Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In December,…more

Appeals, Article III, Dismissals, Failure To State A Claim, Injury-in-Fact

See all updates »

Officer Exculpation - Delaware and Maryland

Effective August 1, 2022, Delaware amended its General Corporation Law (the "DGCL") to permit the certificate of incorporation of a Delaware corporation to provide for exculpation of officers from liability to the corporation or…more

Articles of Incorporation, Board of Directors, Breach of Duty, Corporate Officers, Delaware General Corporation Law

See all updates »

Considering Restrictive Covenants in Colorado? Get Ready to Jump Through Hoops

While the Federal Trade Commission's (FTC) April 2024 sweeping rule prohibiting noncompete agreements has been top of mind for many employers, the rule may not be so surprising for businesses using restrictive covenants for…more

Employment Contract, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants, State Labor Laws

See all updates »

Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

See all updates »

[Webinar] Price Advertising in an Era of Increasing Complexity and Increasing Scrutiny: What Sellers Need to Know to Avoid Pricing Pitfalls - July 30th, 3:00 pm - 4:00 pm ET

Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing…more

Advertising, Data Collection, Data Use Policies, Marketing, Price Discrimination

See all updates »

Implications of Loper Bright for FDA-Regulated Products

Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long-standing Chevron deference principle. Here, the FDA Practice Group offers some of its own…more

Administrative Procedure Act, Biologics Price Competition and Innovation Act of 2009, Chevron Deference, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Copyright Office Issues Pro-Accessibility Final Rules for Initial Stages of Copyright Claims Board Proceedings

Following multiple extensions of the notice and comment period for the establishment of the Copyright Claims Board under the CASE Act, the Copyright Office has published its highly anticipated final rule for the initiation of…more

Administrative Review Board, Copyright, Copyright Office, Dispute Resolution, Notice and Comment

See all updates »

California Issues Changes to Regulations for Charitable Fundraising Platforms and Platform Charities, Delaying Implementation to 2024

On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of…more

Amended Regulation, Charitable Donations, Comment Period, Department of Justice (DOJ), Digital Platforms

See all updates »

Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal and…more

Burden of Proof, Certiorari, Department of Labor (DOL), Employer Liability Issues, Exemptions

See all updates »

FCC Planning New Rules to Streamline Satellites and Earth Station Applications

At the tail end of 2022, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to streamline the processing of satellite and Earth station applications under…more

Applications, Comment Period, FCC, NPRM, Satellites

See all updates »

California's New Workplace Violence Prevention Law is Now in Effect

California recently enacted the country's first state-mandated workplace violence prevention safety law for general industries. California's Workplace Violence Prevention law took effect on July 1, 2024, applies to virtually all…more

Compliance, Covered Employer, Recordkeeping Requirements, State Labor Laws, Workplace Safety

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

CRD's New Pay Data Reporting Requirements

California law requires private employers of 100 or more employees or remote workers hired through labor contractors to annually report pay, demographic, and other workplace data to California's Civil Rights Department (CRD). On…more

Annual Reports, Compliance, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Fairfax County to Consider Zoning Changes Related to Future Data Center Development

Fairfax County is in the process of amending its Zoning Ordinance provisions pertaining to data centers in response to the increasing presence of such facilities within the region…more

Data Centers, Industrial Space, Local Ordinance, Noise Control Ordinances, Proposed Amendments

See all updates »

PBGC Issues Final Rules Regarding Special Financial Assistance Program: What Contributing Employers Should Know

On July 6, the Pension Benefit Guaranty Corporation (PBGC) issued the Final Rules (Final Rules) implementing the Special Financial Assistance Program (SFA) enacted by Congress as part of the American Rescue Plan Act of 2021…more

American Rescue Plan Act of 2021, Employee Benefits, Interim Final Rules (IFR), Multiple Employer Plan (MEP), PBGC

See all updates »

SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

See all updates »

Looming Reporting Deadline Under the Corporate Transparency Act: The Reality Sets In

Over three years ago, Congress enacted the federal Corporate Transparency Act ("CTA"), which for the first time obligates business owners, among others, to file beneficial ownership information ("BOI") reports with the U.S…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major Victory for Publishers

The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital…more

Copyright, Corporate Counsel, Derivative Works, Digital Media, e-Books

See all updates »

Jarkesy: SEC Change-Up - The Supreme Court Curbs the Use of Administrative Courts for Litigated Fraud Claims and Civil Penalties

In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Article III

See all updates »

Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

See all updates »

PHMSA Announces Beginning of Discussion on Hydrogen and Carbon Dioxide Pipeline Safety

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced that it will hold several days of informational meetings to address topics important to carbon dioxide and hydrogen pipeline developers and…more

Carbon Emissions, FERC, Hydropower, Oil & Gas, PHMSA

See all updates »

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

See all updates »

Spotlight On: Biosimilar Litigations - September 2024

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as…more

Biosimilars, BPCIA, FDA Approval, Food and Drug Administration (FDA), Interchangeability

See all updates »

A Proposed New Regulatory Environment for Medicare Hospice Providers: Application of the 36-Month Rule, Increasing Enrollment Screening Processes, Informal Dispute Resolution, and Special Focus Designations

On July 10, 2023, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that would (i) include hospices in the 36-month rule ownership transfer restrictions that currently exist for home…more

Accreditation, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Dispute Resolution, Elder Abuse

See all updates »

Federal Agencies Increase Focus on Pricing Enforcement

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of an…more

Algorithms, Artificial Intelligence, Biden Administration, Collusion, Consumer Financial Protection Bureau (CFPB)

See all updates »

[Webinar] Price Advertising in an Era of Increasing Complexity and Increasing Scrutiny: What Sellers Need to Know to Avoid Pricing Pitfalls - July 30th, 3:00 pm - 4:00 pm ET

Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing…more

Advertising, Data Collection, Data Use Policies, Marketing, Price Discrimination

See all updates »

Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

See all updates »

FTC Set to Reshape HSR Premerger Notification Process

Merger control in the United States is on the cusp of significant change as the Federal Trade Commission, in collaboration with the Department of Justice, prepares to finalize a proposed rule—first announced in June—that will…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

FTC Steps on Career Step and Alleged Inflated Promises of Employment Opportunities

In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step’s ability to match its customers with jobs in the healthcare…more

Enforcement Actions, Federal Trade Commission (FTC), For Profit Education, FTC Act, Gramm-Leach-Blilely Act

See all updates »

Changes to Maryland General Corporation Law and Maryland REIT Law Effective October 1, 2024

During its 2024 session, the General Assembly of Maryland approved Senate Bill 400 and House Bill 749, amending several provisions of the Maryland General Corporation Law (the "MGCL") and the Maryland REIT Law (the "MRL"), which…more

Amended Legislation, Corporate Governance, General Corporation Law, Limited Liability Company (LLC), Limited Liability Partnerships

See all updates »

An Independent School’s Guide to the New DOL Overtime Rule

In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Faculty, Fair Labor Standards Act (FLSA)

See all updates »

More than Just Mergers: Individual Shareholder Fined Nearly $1 Million for HSR Violation

On September 18, 2024, the Federal Trade Commission (FTC) announced that Ryan Cohen, an entrepreneur and the current chairman and CEO of GameStop Corp., has agreed to pay $985,320 to settle charges that his acquisition of Wells…more

Acquisitions, Civil Monetary Penalty, Enforcement Actions, Federal Trade Commission (FTC), Filing Requirements

See all updates »

Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees…more

Anti-Harassment Policies, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Identity, Harassment

See all updates »

Think You Aren't a Colorado Employer? Colorado Thinks Otherwise

Employers with employees, including remote workers, who live or work in more than one state have likely already faced the challenge of determining what employment laws apply, the work they apply to, and when…more

Employer Liability Issues, Notice Requirements, Paid Time Off (PTO), Posting Requirements, Remote Working

See all updates »

Are Your Nonprofit’s Remote Member Meetings Still Legal?

For obvious reasons, 2020 paved the way for nonprofit organizations to hold member meetings remotely, many for the first time. While some associations and other nonprofit organizations have chosen to stick with the flexibility…more

501(c)(3), Board Meetings, Charitable Organizations, Coronavirus/COVID-19, Emergency Management Plans

See all updates »

Update: A Proposed California Color Additive Ban and a BVO Class Action Lawsuit

We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there…more

Beverage Manufacturers, Class Action, Final Rules, Food and Drug Administration (FDA), Food Manufacturers

See all updates »

U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

See all updates »

New York's LLC Transparency Act: Privacy Still Prevails

On December 23, 2024, New York Governor Kathy Hochul signed the LLC Transparency Act (LLCTA) into law, but not without a considerable compromise relative to its original form..…more

Beneficial Owner, Corporate Transparency Act, Financial Regulatory Reform, FinCEN, Limited Liability Company (LLC)

See all updates »

SBA Proposes Significant Changes to Size Recertification Rules

The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications…more

Federal Contractors, Federal Supply Schedule (FSS), GAO, Multiple Award Contracts, Office of Hearings and Appeals (OHA)

See all updates »

Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule…more

Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Final Rules, Health Care Providers, Information Sharing

See all updates »

Businesses Affected by COVID-19 in 2020 or 2021 Can Still Claim Tax Credits

While many businesses have already taken advantage of the opportunities available to them under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and subsequent COVID‑19 relief legislation, there are still…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Relief Measures, Small Business

See all updates »

Minimizing De Minimis

On September 13, the Biden-Harris administration announced new actions to address "significant increased abuse" in the use of the de minimis import exemption. The de minimis import exemption allows low-value shipments (i.e.,…more

Biden Administration, Certification Requirements, China, Compliance, Consumer Product Safety Commission (CPSC)

See all updates »

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

See all updates »

Federal Maritime Commission Publishes New Rules for Demurrage and Detention Billing

Common carriers and marine terminal operators must start reviewing their current demurrage and detention billing process to ensure that their business practices fully comply with a new final rule issued by the Federal Maritime…more

Common Carriers, Effective Date, Federal Maritime Commission, Final Rules, New Regulations

See all updates »

New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

See all updates »

[Webinar] From Clear and Conspicuous to Unavoidable? The FTC’s Updated Endorsement and Testimonial Guides - August 2nd, 2:00 pm - 3:30 pm ET

Join us on August 2, 2023 for a webinar highlighting the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides) and a discussion of the Commission's new proposed trade…more

Advertising, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers, Likes

See all updates »

Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

See all updates »

Congressional, Executive, and Legal Developments for Government Contractors to Consider - March 2023

Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. …more

Biden Administration, Clean Energy, Data Breach, Department of Defense (DOD), Department of Veterans Affairs

See all updates »

Event in Review: Private Equity Investment in Healthcare

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Corporate Practice of Medicine

See all updates »

California DMV Requests Feedback on Draft Regulations Authorizing Testing and Deployment of Heavy-Duty and Light-Duty Autonomous Vehicles

Overview: On August 30, 2024, the California Department of Motor Vehicles (DMV) released draft regulatory language for the operation of autonomous vehicles (AVs) and is seeking informal feedback from stakeholders by October 14,…more

Administrative Authority, Automotive Industry, Data Reporting, DMV, Driverless Cars

See all updates »

Title IX's Final Rule Enforceability Still in Flux

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of higher…more

Colleges, Department of Education, Educational Institutions, Final Rules, Harassment

See all updates »

Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls

Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode…more

Advertising, False Advertising, Marketing, Product Defects, Product Recalls

See all updates »

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or…more

All Sums Rule, Bodily Injury, Damages, Duty to Defend, Insurance Claims

See all updates »

Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal and…more

Burden of Proof, Certiorari, Department of Labor (DOL), Employer Liability Issues, Exemptions

See all updates »

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the…more

Bid Protests, Court of Federal Claims, Federal Contractors, GAO, General Solicitation

See all updates »

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the…more

Bid Protests, Biden Administration, China, Conflicts of Interest, Cybersecurity Maturity Model Certification (CMMC)

See all updates »

FEC to Reconsider Regulation of Free Online Political Advocacy

Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as…more

Advertising, Federal Election Commission (FEC), Online Platforms, PACs, Political Advertising

See all updates »

CFPB Proposes Revamping Mortgage Servicing Rules

The CFPB released its much-anticipated proposed update to the mortgage servicing rules last month that would make permanent many of the temporary servicing rules enacted in response to the COVID-19 pandemic…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Services Industry, Loss Mitigation

See all updates »

Online Fraud Aimed at Independent School Business Offices: Business Email Compromise

Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are unprepared…more

Cyber Threats, Email, Fraud, Phishing Scams, Private Schools

See all updates »

Changes to Maryland General Corporation Law and Maryland REIT Law Effective October 1, 2024

During its 2024 session, the General Assembly of Maryland approved Senate Bill 400 and House Bill 749, amending several provisions of the Maryland General Corporation Law (the "MGCL") and the Maryland REIT Law (the "MRL"), which…more

Amended Legislation, Corporate Governance, General Corporation Law, Limited Liability Company (LLC), Limited Liability Partnerships

See all updates »

Federal Agencies Increase Focus on Pricing Enforcement

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of an…more

Algorithms, Artificial Intelligence, Biden Administration, Collusion, Consumer Financial Protection Bureau (CFPB)

See all updates »

FOIL Law Simplified

Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its state-based…more

Administrative Procedure, FOIA, Open Records, Public Access Laws, Public Entities

See all updates »

Oops they did it again - SEC brings Crypto Anti Touting Action against another celebrity - this time Kim Kardashian

The SEC has rung the bell again on a celebrity touting a crypto token offering without adequate disclosure of a paid role. On October 3, 2022, the Securities and Exchange Commission released its order instituting cease and…more

Celebrities, Celebrity Endorsements, Cryptocurrency, Disgorgement, Enforcement Actions

See all updates »

Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations

Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode…more

Advertising, Corporate Counsel, False Advertising, Investigations, Marketing

See all updates »

[Ongoing Program] Life Sciences Series - Closing the Gender Gap - October 3rd, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

C-Suite Executives, Diversity, Employee Retention, Gender Equity, Leadership

See all updates »

Ten Legislative and Policy Trends for Licensing Boards and Associations to Watch in 2022

In state capitals across the country, a new year signals the start of a new legislative session. And this opens the door to new rules affecting state regulatory and occupational licensing boards and the practitioners they…more

Antitrust Division, Antitrust Provisions, Biden Administration, Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I)

See all updates »

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered…more

College Athletes, Colleges, Compensation, Economic Realities Test, Employee Definition

See all updates »

Whose Value Is It, Anyway?

On June 6, 2024, the U.S. Supreme Court issued a unanimous decision in Connelly v. United States affecting the valuation of closely held businesses for estate tax purposes. The Court explained that, for purposes of federal…more

Business Succession, Business Valuations, Closely Held Businesses, Connelly v United States, Estate Planning

See all updates »

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a…more

Injunctive Relief, Multi-Factor Test, NLRA, NLRB, Popular

See all updates »

New U.S. Sanctions Target Russia's Industrial Base, Additional Financial Institutions, and Technology Suppliers

Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine…more

Australia, Biden Administration, Construction Industry, Defense Sector, Economic Sanctions

See all updates »

Numerous Groups Petition EPA to Suspend and/or Cancel Pesticide Registrations Based on a Class Definition of PFAS Alone

Pesticide manufacturers and registrants, like many other companies, are facing increased pressure to remove per- and polyfluoroalkyl substances (PFAS) from their products. This pressure, however, is often focused on how the…more

Chemicals, Environmental Protection Agency (EPA), FIFRA, Pesticides, PFAS

See all updates »

Truth Remains an Absolute Defense Against Defamation Claims

​​​​​​​A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s…more

Affirmative Defenses, Defamation, First Amendment, Intentional Infliction of Emotional Distress, Libel

See all updates »

U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

See all updates »

FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule will…more

Breach Notification Rule, Electronic Medical Records, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Incident Response Plans

See all updates »

"Good Talk" - Strategic Legal Communications for Employers in the Wake of a Crisis

In the wake of any crisis, stress and tensions run high. As a result, employers may be inclined to communicate prematurely, over- or under-communicate, or otherwise communicate without thinking about the potential legal…more

Best Practices, Crisis Management, Employer Liability Issues, Internal Communications, Workplace Communication

See all updates »

The Future of PAGA Claims in California

PAGA litigation has burdened California employers for almost two decades. Since PAGA's passage into law, the number of filed PAGA actions has continued to increase…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, Employment Litigation

See all updates »

ERTC Refund Lawsuits: Is Now the Time to File?

Many employers who filed employee retention tax credit (ERTC) refund claims have been waiting months or even years to receive refund checks. The IRS stopped processing refund claims in mid‑July of 2023 and publicly announced a…more

CARES Act, Coronavirus/COVID-19, Employee Retention, IRS, Litigation Strategies

See all updates »

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) - September 2024

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are…more

Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

See all updates »

Event in Review: Private Equity Investment in Healthcare

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Corporate Practice of Medicine

See all updates »

The Evolving Status of Settlement Bar Orders after Purdue

Following the U.S. Supreme Court’s ruling in Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P, et al., which disallowed non-consensual third-party releases in Chapter 11 plans of reorganizations, bankruptcy…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors, Harrington v Purdue Pharma L P

See all updates »

Hello, This Is AI Calling. FCC Proposes New Rules for AI Robocalls

Robocalls may have always had some artificial flavor to them; however, the proliferation of the use of artificial intelligence (AI) continues to blur the line between human and machine interaction…more

Artificial Intelligence, Enforcement Actions, FCC, Federal Trade Commission (FTC), NPRM

See all updates »

[Ongoing Program] Life Sciences Series - Current Trends in Life Sciences and Healthcare Enforcement: Understanding and Anticipating Federal and state investigations and Enforcement Actions - October 26th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Health Care Violations, Healthcare Fraud

See all updates »

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 2

As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to specially…more

Copyright, Copyright Ownership, Intellectual Property Protection, Multi-Factor Test, The Copyright Act

See all updates »

New York AG Proposes New Price Gouging Rules

Earlier this month, New York Attorney General Letitia James issued a Notice of Proposed Rulemaking aimed at setting greater guardrails against price increases during emergencies. The action comes exactly one year after James…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Coronavirus/COVID-19, Goods or Services, Price Gouging

See all updates »

Political Giving: A Primer for High-Net-Worth Individuals and Family Offices

For many years, supporters of a candidate or a cause simply wrote a check and asked friends and colleagues to do the same. But the opportunities to influence elections and public policy have evolved significantly, allowing…more

501(c)(3), Compliance, Disclosure Requirements, Family Offices, Federal Election Commission (FEC)

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

ChatGPT and the Rise of Generative Artificial Intelligence Spark Debate on Copyright Protections of AI-Generated Works

The recent explosion in popularity of generative artificial intelligence (AI), such as ChatGPT, has sparked a legal debate over whether the works created by this technology should be afforded copyright protections. Despite that…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

See all updates »

Event in Review: IP and Brand Protection in the Metaverse

In a recent event hosted by Lexology, Venable partners Justin Pierce, Calvin Nelson, and Marci Ballard discussed how various entities are seeking to prepare for a future of immersive, interactive, and engaging metaverse…more

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

See all updates »

ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes

In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, Machine Learning

See all updates »

City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

See all updates »

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

See all updates »

Forward-Looking Statements: Safe Harbors Compliance Guidelines

The securities law disclosure framework has evolved to encourage; companies acting in good faith to disseminate relevant projections pertaining to their businesses to the general public "without fear of open-ended liability."…more

Compliance, Corporate Governance, Corporate Issuers, Disclosure Requirements, EDGAR

See all updates »

[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

See all updates »

Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

See all updates »

FARA and the Upcoming NATO Summit in Washington, DC - A Potential Minefield for Lobbyists, Public Affairs Firms, and Nonprofits

This week, world leaders from 32 countries are descending on Washington, DC for the North Atlantic Treaty Organization’s (NATO) 75th anniversary summit. Whenever world leaders gather in one place, there will be many ad-on…more

Department of Justice (DOJ), Foreign Agents Registration Act (FARA), Lobbying Disclosure Act, Lobbyists, NATO

See all updates »

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule on…more

Department of Environmental Quality, Environmental Review, Exemptions, Expedited Approval Process, Housing Developers

See all updates »

Navigating the Evolving Landscape of Digital Assets: Insights from the Benzinga Future of Digital Assets Conference

We recently had the opportunity to attend and participate in the Benzinga Future of Digital Assets conference. This event, a significant gathering in the world of cryptocurrencies and blockchain technology, attracted a diverse…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

See all updates »

Senators Target Patent Continuations and "Patent Thickets," Especially for Pharmaceuticals

In a letter dated June 8, 2022 to Kathi Vidal, director of the USPTO, a group of senators led by Patrick Leahy voiced concern over filings of multiple continuation applications, which, according to the letter, result in the…more

NPRM, Patent Applications, Patents, Public Comment, USPTO

See all updates »

New Jersey Overhauls Pay-to-Play and Other Campaign Finance Laws

New Jersey has overhauled its pay-to-play and campaign finance laws, dramatically changing the rules for government contractors, nonprofits, and individual donors. The passage of the Elections Transparency Act has been…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Nonprofits

See all updates »

SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

See all updates »

The AI-Assisted Invention

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

See all updates »

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to…more

Administrative Procedure Act, Arbitrary and Capricious, Chevron Deference, Employment Contract, Federal Bans

See all updates »

An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"

Recent trends indicate that consumers and the U.S. government are paying more attention to where products are sourced from. The Biden administration, for example, has made efforts to raise federal procurement standards for…more

Biden Administration, Federal Contractors, Federal Trade Commission (FTC), Made in the USA, OMB

See all updates »

December 1 Deadline Nears for Adoption of Clawback Policies

Companies that are listed on the Nasdaq Stock Market or the New York Stock Exchange are required to adopt a clawback policy that provides for the recovery from any current or former executive officers of incentive-based…more

C-Suite Executives, Clawbacks, Compliance, Compliance Dates, Corporate Counsel

See all updates »

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike to…more

Advertising, Artificial Intelligence, Biden Administration, Executive Orders, False Advertising

See all updates »

FEC to Reconsider Regulation of Free Online Political Advocacy

Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as…more

Advertising, Federal Election Commission (FEC), Online Platforms, PACs, Political Advertising

See all updates »

Colorado's Landmark AI Law: Essential Insights for Businesses

On May 17, 2024, Governor Jared Polis signed into law Colorado Senate Bill 24-205 (SB205), pioneering a comprehensive regulatory framework for artificial intelligence (AI) systems…more

Artificial Intelligence, Compliance, Enforcement Authority, Exemptions, Governor Polis

See all updates »

Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

See all updates »

SEC Adopts Amendments to Rule 10b5-1 and Related Disclosure Requirements

On December 14, 2022, the SEC adopted amendments to Rule 10b5-1 as well as related new disclosure requirements for companies. In addition, Forms 4 and 5 are amended to require the identification of transactions made pursuant to…more

10b5-1 Plans, Amended Rules, Disclosure Requirements, Publicly-Traded Companies, Required Forms

See all updates »

An Independent School’s Guide to the New DOL Overtime Rule

In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Faculty, Fair Labor Standards Act (FLSA)

See all updates »

New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics

Last week, New York Attorney General Letitia James announced that online travel agency Fareportal Inc., which operates several travel-related websites and mobile platforms, including CheapOair.com and OneTravel.com, will pay…more

Assurance of Discontinuation (AOD), Enforcement Actions, False Advertising, Federal Trade Commission (FTC), Marketing

See all updates »

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such…more

Breach of Contract, Construction Contracts, Contract Drafting, Contract Terms, Counterclaims

See all updates »

UK Signs Singapore Convention on International Mediation Settlement Agreements

In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International…more

Arbitration, Dispute Resolution, International Arbitration, International Litigation, Mediation

See all updates »

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or…more

All Sums Rule, Bodily Injury, Damages, Duty to Defend, Insurance Claims

See all updates »

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common as a…more

Air Pollution, Air Quality Standards, Canada, Construction Contracts, Construction Industry

See all updates »

U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

See all updates »

On Notice: BIS Issues Guidance on Agency Mechanisms for Identifying and Informing U.S. Entities of Export Diversion Risks

Typically, the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce administers export controls on end users by designating those persons on one of its public screening lists—e.g., the Unverified List,…more

Best Practices, Bureau of Industry and Security (BIS), End-Users, Entity List, Export Controls

See all updates »

New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

See all updates »

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created or…more

Artificial Intelligence, Audio Recording, Biden Administration, Communications Act of 1934, Consumer Privacy Rights

See all updates »

“Don’t Let the Sun Go Down on Me” - Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025

The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

See all updates »

Maryland’s 2024 Legislative Session Brings Substantial New Obligations for Employers

The Maryland General Assembly recently adjourned for the year, but not before legislators enacted changes to Maryland employment law. The new compliance obligations required by these changes are summarized below..…more

Amended Legislation, Compliance, Employment Discrimination, New Legislation, Non-Compete Agreements

See all updates »

Custody Battles: The FDIC's Latest Proposed Rule on FBO Accounts

The FDIC has issued a proposed rule that would apply to practically all bank-fintech arrangements that use custodial deposit accounts to provide customers with transactional features (also called "FBO" accounts for short)…more

Banking Sector, Banks, Comment Period, Compliance, Deposit Accounts

See all updates »

Healthcare Impacts in a Post-Chevron World

The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Government Agencies, Health Care Providers

See all updates »

Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

See all updates »

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

See all updates »

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consent, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights

See all updates »

U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

See all updates »

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal Contract…more

Bid Protests, Biden Administration, Certification Requirements, Controlled Unclassified Information (CUI), Court of Federal Claims

See all updates »

New State Data Privacy Laws in 2024

U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut,…more

Data Privacy, Effective Date, Privacy Laws, State Privacy Laws

See all updates »

ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

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

See all updates »

Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

See all updates »

SBA Proposes Significant Changes to Size Recertification Rules

The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications…more

Federal Contractors, Federal Supply Schedule (FSS), GAO, Multiple Award Contracts, Office of Hearings and Appeals (OHA)

See all updates »

Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

See all updates »

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Defense Strategies, Internet Retailers, Nexus

See all updates »

2025 Changes to Medicare Part D Will Impact Group Health Plans' Creditable Coverage Determination

The Inflation Reduction Act of 2022 made significant design changes to Medicare Part D effective January 1, 2025. The changes will cause an increase in the actuarial value of Medicare Part D coverage, which will impact whether a…more

Benefit Plan Sponsors, Centers for Medicare & Medicaid Services (CMS), Health Insurance, Inflation Reduction Act (IRA), Medicare

See all updates »

Update: A Proposed California Color Additive Ban and a BVO Class Action Lawsuit

We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there…more

Beverage Manufacturers, Class Action, Final Rules, Food and Drug Administration (FDA), Food Manufacturers

See all updates »

AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

See all updates »

Banking on a Nonbank Bank in 2024 - The ILC Option Revisited

Becoming or owning an industrial loan company (or ILC)—the elusive "nonbank bank" option, as Congress coined the term in 1987— still has an allure for financial services providers that want to (1) lend on a national scale while…more

Bank Holding Company Act, Banks, Commercial Loans, FDIC, Federal Reserve

See all updates »

The Fall 2023 Unified Agenda - Implications for 2024

On December 6, the Biden administration released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. A unified agenda is issued in the spring and fall each year; it outlines federal agencies' areas of focus…more

Affordable Care Act, Biden Administration, Children's Health Insurance Program (CHIP), Congressional Review Act, Final Rules

See all updates »

USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

See all updates »

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of the…more

Artificial Intelligence, Coronavirus/COVID-19, Electronic Monitoring, Employee Monitoring, Employee Tracking

See all updates »

[Ongoing Program] Life Sciences Series - Managing High-Stakes Mass Tort MDLs: Updates and Challenges from the Front Lines - October 10th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Health Care Providers, Life Sciences, Mass Tort Litigation, Multidistrict Litigation, Webinars

See all updates »

Supreme Court of Maryland Overrules Prior Distinction Between Director’s Managerial and Non-Managerial Duties and Reaffirms That the MGCL Is the “Sole Source” of Director Duties

In one of the most significant Maryland corporate law cases in several years, involving an inter-generational family contest between (a) a 28% stockholder and former director and employee (“Mekhaya”) and (b) the corporation and…more

Board of Directors, Business Judgment Rule, Derivative Suit, Duties & Responsibilities, Fiduciary Duty

See all updates »

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and automatic…more

Advertising, Automatic Renewals, Cancellation Rights, Consumer Contracts, Corporate Counsel

See all updates »

The Federal Trade Commission's Enforcement Trends under the Restore Online Shoppers' Confidence Act: A Fast VAST Update

The Federal Trade Commission (FTC) has made clear its focus on automatic renewal programs with high-profile lawsuits in recent weeks, alleging violations of the Restore Online Shoppers' Confidence Act (ROSCA). Below are some…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, Federal Trade Commission (FTC)

See all updates »

Playing Chess and Ice Hockey Makes Me a Better Lawyer

The foundational comic premise of walk-into-a-bar jokes is the underlying differences among the characters walking in. The three characters—in this case a chess player, a hockey player, and a patent litigator—may appear…more

Hatch-Waxman, Litigation Strategies, Orange Book, Patent Litigation, Patent Portfolios

See all updates »

Get Ready to Comply with CPSC’s Upcoming eFiling Requirement

Consumer products regulated by the U.S. Consumer Product Safety Commission (CPSC) may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the U.S…more

Certification Requirements, Compliance, Consumer Product Companies, Consumer Product Safety Commission (CPSC), Customs and Border Protection

See all updates »

Top 5 Trademark Licensing Considerations for NextGen Technology

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer for…more

Contract Terms, Corporate Branding, Emerging Technologies, IP License, Risk Management

See all updates »

FARA and the Upcoming NATO Summit in Washington, DC - A Potential Minefield for Lobbyists, Public Affairs Firms, and Nonprofits

This week, world leaders from 32 countries are descending on Washington, DC for the North Atlantic Treaty Organization’s (NATO) 75th anniversary summit. Whenever world leaders gather in one place, there will be many ad-on…more

Department of Justice (DOJ), Foreign Agents Registration Act (FARA), Lobbying Disclosure Act, Lobbyists, NATO

See all updates »

[Ongoing Program] Life Sciences Series - IP Issues in Business Transactions - October 5th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Business Assets, Intellectual Property Protection, IP Portfolio, Life Sciences, Monetization

See all updates »

Political Giving: A Primer for High-Net-Worth Individuals and Family Offices

For many years, supporters of a candidate or a cause simply wrote a check and asked friends and colleagues to do the same. But the opportunities to influence elections and public policy have evolved significantly, allowing…more

501(c)(3), Compliance, Disclosure Requirements, Family Offices, Federal Election Commission (FEC)

See all updates »

Navigating the Evolving Landscape of Digital Assets: Insights from the Benzinga Future of Digital Assets Conference

We recently had the opportunity to attend and participate in the Benzinga Future of Digital Assets conference. This event, a significant gathering in the world of cryptocurrencies and blockchain technology, attracted a diverse…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

See all updates »

“Don’t Let the Sun Go Down on Me” - Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025

The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

See all updates »

Federal Agencies Increase Focus on Pricing Enforcement

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of an…more

Algorithms, Artificial Intelligence, Biden Administration, Collusion, Consumer Financial Protection Bureau (CFPB)

See all updates »

[Webinar] Emerging Trend: Building Performance Standards in the U.S. - April 11th, 12:00 pm - 1:00 pm ET

Building Energy Performance Standards (BEPS) are energy performance requirements that existing buildings must meet over time. This is a tool to decarbonize buildings through reduced energy use and emissions. These programs…more

Biden Administration, Carbon Emissions, Commercial Property Owners, Energy Sector, Multi-Family Development

See all updates »

Looming Reporting Deadline Under the Corporate Transparency Act: The Reality Sets In

Over three years ago, Congress enacted the federal Corporate Transparency Act ("CTA"), which for the first time obligates business owners, among others, to file beneficial ownership information ("BOI") reports with the U.S…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account…more

Electronic Communications, Electronic Devices, Employee Privacy Rights, Employer Liability Issues, Mobile Devices

See all updates »

City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

See all updates »

CIRCIA: Cyber Incident Reporting for Practically Everyone?

A sweeping array of businesses are another step closer to requirements to report cybersecurity incidents and ransomware payments to the federal government. On April 4, 2024, the U.S. Department of Homeland Security's (DHS)…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA)

See all updates »

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) / Hadlima™ (adalimumab-bwwd) / Abrilada™ (adalimumab-afzb) / Hulio® (adalimumab-fkjp) / Yusimry™ (adalimumab-aqvh) / Idacio® (adalimumab-aacf) / Yuflyma® (adalimumab-aaty) / Simlandi® (adalimumab-ryvk) - September 2024

Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patents

See all updates »

ISS Releases 2025 Policy Survey

Institutional Shareholder Services Inc. (ISS) recently released its Annual Benchmark Policy Survey (the "Policy Survey"). In keeping with its prior practice, ISS seeks responses from institutional shareholders, issuers,…more

Benchmarks, Climate Change, Corporate Governance, Diversity, Executive Compensation

See all updates »

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) - September 2024

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are…more

Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

See all updates »

[Ongoing Program] Life Sciences Series - IPRs, PGRs, and the BPCIA - October 17th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Biologics, BPCIA, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

See all updates »

California Issues Changes to Regulations for Charitable Fundraising Platforms and Platform Charities, Delaying Implementation to 2024

On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of…more

Amended Regulation, Charitable Donations, Comment Period, Department of Justice (DOJ), Digital Platforms

See all updates »

SEC Climate Disclosure Rule

The Securities and Exchange Commission today adopted a slimmed-down final version of its rule to enhance and standardize climate-related disclosures by public companies and in public offerings. The vote to adopt the rule, which…more

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

See all updates »

[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial Intelligence, Intellectual Property, and Privacy Law - October 12th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Artificial Intelligence, Authorship, Best Practices, Copyright, Intellectual Property Litigation

See all updates »

U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

See all updates »

ISS Releases 2025 Policy Survey

Institutional Shareholder Services Inc. (ISS) recently released its Annual Benchmark Policy Survey (the "Policy Survey"). In keeping with its prior practice, ISS seeks responses from institutional shareholders, issuers,…more

Benchmarks, Climate Change, Corporate Governance, Diversity, Executive Compensation

See all updates »

Looming Reporting Deadline Under the Corporate Transparency Act: The Reality Sets In

Over three years ago, Congress enacted the federal Corporate Transparency Act ("CTA"), which for the first time obligates business owners, among others, to file beneficial ownership information ("BOI") reports with the U.S…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

See all updates »

New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

See all updates »

How Did We Arrive at the Debt Ceiling Standoff, and Where Do Government Contractors Go From Here?

The United States is facing yet another standoff over its congressionally set debt limit. In addition to causing widespread economic harm, Congress's failure to raise the debt limit, also known as the debt ceiling, could…more

Biden Administration, Debt Ceiling, Federal Budget, Federal Contractors, Federal Funding

See all updates »

Political Advertising: A Lucrative Election-Year Market with Unique Pitfalls

With the 2024 elections well underway, advertisers of all stripes are seeking new and more efficient ways to reach potential voters, donors, and supporters across platforms. The market for political advertising on U.S. elections…more

Advertising, Compliance, Digital Platforms, Fundraisers, Lobbyists

See all updates »

EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the supply…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Best Practices, Disability Discrimination

See all updates »

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics listed…more

Advertising, Billing Errors, Class Action, Consumer Protection Laws, Contests & Promotions

See all updates »

Top 5 Trademark Licensing Considerations for NextGen Technology

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer for…more

Contract Terms, Corporate Branding, Emerging Technologies, IP License, Risk Management

See all updates »

What Banks Need to Know Post-Chevron

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Auer Deference, Banking Regulators, Banking Sector, Chevron Deference, Chevron v NRDC

See all updates »

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

See all updates »

Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value of the Prime Contract

A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million…more

Construction Contracts, Contract Drafting, Contract Negotiations, Contract Terms, Federal Contractors

See all updates »

New U.S. Chamber of Commerce Report Examines Impacts of Widespread PFAS Bans on the Economy and Daily American Lives

Debates about the health and environmental effects of PFAS are raging, but the societal value of these substances – particularly so-called “fluoropolymers” – has become increasingly clear. Most recently, the U.S. Chamber of…more

Chamber of Commerce, Defense Sector, Department of Defense (DOD), Energy Sector, Information Reports

See all updates »

2024 SEC Division of Examinations Priorities Summary

The SEC’s Division of Examinations got a head start this fiscal year, announcing its 2024 Examination Priorities (2024 Priorities) at the beginning of the fiscal year for the first time. This novel approach likely signifies the…more

Broker-Dealer, Compliance, Conflicts of Interest, Investment Adviser, Market Participants

See all updates »

New Requirements for Healthcare Entity Transactions Signed into Law in New York State Budget

New York recently joined a growing number of states enacting legislation that increases oversight of certain healthcare transactions. Article 45-A of the 2024 Executive Budget is titled "Disclosure of Material Transactions" and…more

ACOs, Acquisitions, Certificate of Need, Corporate Sales Transactions, Disclosure Requirements

See all updates »

[Ongoing Program] Life Sciences Series - IP Issues in Business Transactions - October 5th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Business Assets, Intellectual Property Protection, IP Portfolio, Life Sciences, Monetization

See all updates »

Navigating SEC Cybersecurity Disclosure Guidance for Public Companies

This week the SEC’s Division of Corporation Finance released compliance and disclosure interpretations (C&DIs) pertaining to the latest cybersecurity disclosure requirements. The C&DIs provide guidance on when public companies…more

C&DIs, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

See all updates »

New York Court Denies Dietary Supplement Trade Association's Motion for a Preliminary Injunction - The New State Law Is in Effect

As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law went into effect on Monday,…more

Dietary Supplements, Manufacturers, Minors, New Legislation, Trade Associations

See all updates »

SEC Clarifies Proxy Rules of the Road

On November 17, 2023, the Division of Corporation Finance of the Securities and Exchange Commission ("SEC") issued new and revised proxy-related compliance and disclosure interpretations ("CDIs") that provide guidance on the…more

C&DIs, Corporate Governance, Disclosure Requirements, New Guidance, Proxy Season

See all updates »

Hello, This Is AI Calling. FCC Proposes New Rules for AI Robocalls

Robocalls may have always had some artificial flavor to them; however, the proliferation of the use of artificial intelligence (AI) continues to blur the line between human and machine interaction…more

Artificial Intelligence, Enforcement Actions, FCC, Federal Trade Commission (FTC), NPRM

See all updates »

Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies

Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving…more

Bylaws, Charitable Organizations, Child Abuse, Code of Conduct, Employee Handbooks

See all updates »

California Attorney General's Recent Enforcement of CCPA and COPPA

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game "SpongeBob: Krusty…more

California Consumer Privacy Act (CCPA), Civil Monetary Penalty, COPPA, Data Collection, Data Privacy

See all updates »

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to…more

Administrative Procedure Act, Arbitrary and Capricious, Chevron Deference, Employment Contract, Federal Bans

See all updates »

Minimizing De Minimis

On September 13, the Biden-Harris administration announced new actions to address "significant increased abuse" in the use of the de minimis import exemption. The de minimis import exemption allows low-value shipments (i.e.,…more

Biden Administration, Certification Requirements, China, Compliance, Consumer Product Safety Commission (CPSC)

See all updates »

Jarkesy: SEC Change-Up - The Supreme Court Curbs the Use of Administrative Courts for Litigated Fraud Claims and Civil Penalties

In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Article III

See all updates »

OSHA Turns Up the Heat on Employers with New Proposed Rule

Last summer, we described efforts of the Occupational Safety and Health Administration (OSHA) and several states to protect workers from heat stress hazards. In July of this year, OSHA issued a notice for a proposed rule, “Heat…more

Compliance, Consultation, General Duty Clause, Health & Safety Standard, Heat Exposure

See all updates »

December 1 Deadline Nears for Adoption of Clawback Policies

Companies that are listed on the Nasdaq Stock Market or the New York Stock Exchange are required to adopt a clawback policy that provides for the recovery from any current or former executive officers of incentive-based…more

C-Suite Executives, Clawbacks, Compliance, Compliance Dates, Corporate Counsel

See all updates »

On Notice: BIS Issues Guidance on Agency Mechanisms for Identifying and Informing U.S. Entities of Export Diversion Risks

Typically, the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce administers export controls on end users by designating those persons on one of its public screening lists—e.g., the Unverified List,…more

Best Practices, Bureau of Industry and Security (BIS), End-Users, Entity List, Export Controls

See all updates »

The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - July 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous and connected vehicles, smart infrastructure,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Automotive Industry, Aviation Industry, Biden Administration, Congressional Committees

See all updates »

DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures