News & Analysis as of

Advisory Committee

Holland & Knight LLP

Tribal GWE Proposed Regulations Are an Overdue Win for Indian Country

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The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more

Sherman & Howard L.L.C.

Addressing Challenges of Deepfakes & AI-Generated Evidence

The Federal Rules of Evidence (“FRE”) currently provide a framework for authenticating evidence in court, but rapid advancements in artificial intelligence (AI) have raised concerns about the sufficiency of these rules in...more

Holland & Knight LLP

FDA Rejects Application for Psychedelic Drug

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The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos...more

Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Schedules Advisory Committee Meeting on Enterprise-wide and Egregious Violation Classifications Proposed Rules

The California Division of Occupational Safety and Health (Cal/OSHA) will hold an advisory committee meeting on August 19, 2024, to solicit input on proposed regulations concerning enterprise-wide and egregious violations of...more

Smith Anderson

What Limited Partners Should Know About Soroban

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The Tax Court’s use of a functional analysis test to determine limited partner status in Soroban Capital Partners LP has had a ripple effect in the world of asset management. The decision’s impact will be felt in the tax and...more

Faegre Drinker Biddle & Reath LLP

Northern District of Illinois Holds that Seventh Circuit Precedent is Incompatible with Rule 702 as Amended

In explaining the December 2023 amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their...more

WilmerHale

PTAB/USPTO Update - June 2024

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Patent and Trademark Public Advisory Committees, 89 FR 44634 (May 21, 2024) (“seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy,...more

Esquire Deposition Solutions, LLC

New York Bar: Courts Should Take First Crack at “Deepfake” Evidence

One interesting aspect of the New York State Bar Association’s recent review of the ethical and legal issues raised by artificial intelligence in the practice of law was its suggestion that now might not be the best time to...more

Mayer Brown Free Writings + Perspectives

Upcoming SEC Small Business Advisory Committee

The Securities and Exchange Commission announced an upcoming meeting of its Small Business Capital Formation Advisory Committee on May 6, 2024.  The meeting will include a discussion of Regulation Crowdfunding (Reg CF) and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

As Temperatures Start to Rise, OSHA Takes Steps to Implement Rules Concerning Heat Illness Prevention

For a number of years, the Occupational Safety and Health Administration (OSHA) has promised a heat injury and illness prevention standard. To date, proposals related to heat injury and illness in outdoor settings have been...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: 2023 Changes in Director Review

On July 24, 2023, the United States Patent and Trademark Office (USPTO or Office) promulgated a revised interim process for Director Review of Patent Trial and Appeal Board (PTAB or Board) decisions in proceedings under the...more

BakerHostetler

SEC Approves Spot Bitcoin ETFs; CFTC Publishes DeFi Report; FINRA Addresses Crypto Assets; Reports Provide Data on Crypto Scams

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On January 10, the U.S. Securities and Exchange Commission (SEC) simultaneously approved eleven spot bitcoin Exchange Traded Funds (ETFs) on an accelerated basis based on its Order Granting Accelerated Approval of Proposed...more

WilmerHale

PTAB/USPTO Update - January 2024

WilmerHale on

On January 4, the USPTO announced the appointment of new leaders for the agency’s policy and communications teams. Sharon Israel will serve as the Chief Policy Officer and Director for International Affairs, and Jack...more

BakerHostetler

FDA Forms Digital Health Advisory Committee to Navigate Emerging Technologies

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The FDA has announced the formation of the Digital Health Advisory Committee, a group dedicated to navigating the complexities of emerging DHTs like AI/ML, augmented reality and more. This development evidences the FDA’s...more

Ballard Spahr LLP

CFPB Appoints New Members to Advisory Committees

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On October 5, the CFPB published the list of new members appointed to serve on the Consumer Advisory Board and each Council group....more

Orrick, Herrington & Sutcliffe LLP

CFPB announces new advisory committee members

On October 5, the CFPB released new membership details for its advisory boards and councils, including the Consumer Advisory Board, Community Bank Advisory Council, Credit Union Advisory Council, and Academic Research...more

Weintraub Tobin

PTO Allows Another Bite at the Apple

Weintraub Tobin on

On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of...more

BakerHostetler

Open for Comment: Businesses Can Now Submit Public Comments on the Proposed Federal Rule Addressing MDLs

BakerHostetler on

There is big news in the world of multidistrict litigation: On August 15, 2023, the public comment period opened on a new proposed amendment to the Federal Rules of Civil Procedure specifically addressing case management in...more

Benesch

The U.S. is Scrambling to Regulate AI Without a Comprehensive Plan

Benesch on

While the European Union sprints ahead with draft legislation to closely regulate artificial intelligence (AI), the United States (U.S.) lags behind its western counterpart, leaving little regulatory guidance for U.S. AI...more

Latham & Watkins LLP

UK Announces Sustainability Disclosure Standards Based on the ISSB

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The UK standards will aim to increase the comparability and value of reported information for investors. The UK government announced on 2 August 2023 that it will develop standards for company sustainability disclosures...more

McDermott Will & Emery

RIP for POP: PTO Updates Interim Director Review Procedures

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

Latham & Watkins LLP

Digital Asset Market Structure Bill Seeks to Fill US Regulatory Gaps

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The proposed bill sets forth a comprehensive framework for the digital asset ecosystem by bridging regulatory gaps, promoting innovation, and protecting consumers. On June 2, 2023, Patrick McHenry, Chairman of the House...more

Troutman Pepper

Will Amendments to Federal Rule of Evidence 702 Change Expert Witness Testimony in the EDVA?

Troutman Pepper on

On April 24, Chief Justice Roberts forwarded to Congress amendments to Federal Rule of Evidence 702 governing the admission of expert testimony in the federal courts. The amendments will take effect on December 1 unless...more

Carlton Fields

Proposed Rule Provides Guidance for Initial Case Management in MDLs

Carlton Fields on

Multidistrict litigation (MDL) is a special federal legal procedure designed to efficiently process multiple civil cases involving one or more common questions of fact. These cases typically involve hundreds to thousands of...more

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