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Corporate Counsel Nonprofits

Venable LLP

Federal Court Narrowly Construes FTC Jurisdiction Over Nonprofit Institutions

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In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution. Late last year, the FTC...more

Morrison & Foerster LLP

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

Akin Gump Strauss Hauer & Feld LLP

The SEC’s First NFT Enforcement Action: SEC v. Impact Theory

Key Points - On August 28, 2023, the SEC charged Impact Theory, LLC, a media company with an unregistered securities offering through its sale of NFTs. This marks the first time that the SEC has brought an enforcement action...more

Cozen O'Connor

Proposed Expansion of New York’s Business Law Could Have Significant Detrimental Effects

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Businesses operating in New York state should be concerned about the potential impact of proposed legislation now under consideration in the New York legislature. The so called Consumer and Small Business Protection Act...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Tennessee’s Information Protection Act Gets Us Thinking About NIST(y) Safe Harbors

The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11. Tennessee joins a growing...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for February 2023

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources....more

BCLP

Federal Court holds nonprofit health center is immune from data breach class action

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In a case of first impression, the United States District Court for the Southern District of California granted the motion of Defendant Neighborhood Healthcare seeking order compelling the United States to defend a putative...more

Allen Matkins

Must A Nonprofit Abnegate Private Gain?

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The California Corporations Code includes provisions governing a wide variety of nonprofit organizations.  However, the "Big 3" categories of nonprofit corporations are the public benefit, mutual benefit and religious...more

Husch Blackwell LLP

Amendments Proposed to Virginia Consumer Data Protection Act

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Keypoint: Virginia lawmakers will consider multiple amendments to the Virginia Consumer Data Protection Act in advance of its January 1, 2023 effective date. As the legislature opened on January 12, Virginia lawmakers...more

Brooks Pierce

New Criminal Prohibitions Applicable to Local Public Officials

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A recently passed North Carolina law—S.B. 473, effective Dec. 9, 2021—imposes new restrictions and requirements on public officials. While North Carolina has for a long time prohibited public officials from deriving a direct...more

Allen Matkins

Court Of Appeal Imposes "Continuous Directorship" Requirement For Standing

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Several provisions of California's Nonprofit Public Benefit Corporation Law confer standing on an officer, director, or member.   See Sections 5142,  5223, 5233, and/or 5710.   In an opinion issued yesterday, the Court of...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Nonprofit Sector Compliance Conference - May 25th, 8:55 am - 3:30 pm CDT

Make sure you’re fully equipped to manage compliance risks in the nonprofit sector - Nonprofit organizations are exposed to a diverse universe of compliance risks, including many that are unique to the nonprofit sector....more

Miles & Stockbridge P.C.

DOD Issues “Draft Version 0.6” of Its Cybersecurity Maturity Model Certification, Part of an Initiative That Likely Will Have...

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On November 7, 2019, DOD issued “Draft Version 0.6” of its Cybersecurity Maturity Model Certification (CMMC) – a 90-page document that is available on DOD’s CMMC website.  Version 0.6 is a significant step forward, but there...more

White & Case LLP

GDPR Guide to National Implementation - A practical guide to national GDPR compliance requirements across the EEA

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Foreword - European data protection laws have made significant strides in the last two decades. Privacy and data protection laws have undergone dramatic changes over the last 20 years, in a race to keep up with technology....more

McDermott Will & Emery

Corporate Law & Governance Update - August 2016

The Hershey Governance Settlement - On Friday, July 29, the Pennsylvania Attorney General, the Hershey Trust Company and the Milton Hershey School, entered into a written settlement resolving an investigation conducted...more

Jackson Lewis P.C.

Supreme Court Decides Not to Decide on Latest Challenge to ACA Contraceptive Coverage

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The Supreme Court in a unanimous opinion remanded Zubick v. Burwell — and the six cases consolidated with Zubick — back to the Courts of Appeals to rule on the contraceptive opt-out notice provisions. The Court directed the...more

Fisher Phillips

High Court Sidesteps Contraceptive Coverage Decision – For Now

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The Supreme Court declined to rule on whether religiously affiliated nonprofits can be required to affirmatively “opt out” of providing contraceptive coverage to their employees, which would have triggered separate...more

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

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

Seyfarth Shaw LLP

Complicit in Sin: the Burden of the Opt-Out Form

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Does filling out a form burden religious beliefs? We’re about to find out. On November 6, the Supreme Court agreed to review a group of seven cases (led by No. 14-1418, Zubik v. Burwell) brought by religious non-profit...more

Foley & Lardner LLP

When It Comes to “Volunteer” Workers, No Good Deed Goes Unpunished

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It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of...more

Franczek P.C.

Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

Franczek P.C. on

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent...more

Miller Canfield

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

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Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

Cozen O'Connor

Pennsylvania Expands Whistleblower Law to Cover Some Private Employers, Nonprofits

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Pennsylvania Governor Tom Corbett gave final approval to two bills that drastically expand the scope and enforcement provisions of the Pennsylvania Whistleblower Law. Under the amendments, which take effect on August 31,...more

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