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Samantha Abeysekera

Episode 37: How To Provide Meaningful Employment Training (…and Also Comply With NYC Law)

Matt welcomes long-time Akerman colleague and friend Samantha Abeysekera to discuss the “Stop Sexual Harassment In NYC Act” and whether other jurisdictions will adopt similar legislation mandating sex harassment training. Matt…more

Employee Training, Harassment, Hiring & Firing, Sexual Harassment

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Zain Abidi

Trump’s New Travel Ban: What You Need to Know

President Donald Trump recently signed a proclamation reinstating and expanding the United States travel ban. The travel ban takes effect Monday, June 9, 2025, and as such, those affected by the ban should ensure they enter the…more

Constitutional Challenges, Executive Orders, Foreign Nationals, Immigrants, Immigration Procedures

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Sergio Acosta

Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International Corruption Matters

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls…more

Anti-Corruption, Biden Administration, Compliance Management Systems, Criminal Prosecution, Department of Justice (DOJ)

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Matthew Aho

U.S.-Cuba Policy Whiplash

The United States has enacted several volatile rounds of Cuba policy changes since the start of this year, as incoming Trump administration officials moved on January 20, 2025, to reverse measures enacted less than a week…more

Biden Administration, Cuba, Department of Homeland Security (DHS), Economic Sanctions, Executive Orders

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Ashley Akapo

Supreme Court Holds That Pure Omissions Do Not Support Section 10(b) Claims in Macquarie Infrastructure Corp. v. Moab Partners, L.P.

On April 12, 2024, the U.S. Supreme Court limited an issuer's liability for securities fraud claims based on alleged omissions in SEC filings. The Court's unanimous decision in Macquarie Infrastructure Corp. et al v. Moab…more

Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Misleading Statements, Omissions, Regulation S-K

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Ameer Al-Khudari

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients Even if the Care Endangers a Fetus

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant…more

Abortion, Constitutional Challenges, EMTALA, Health Care Providers, Hospitals

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Kenneth Alberstadt

Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on…more

CFIUS, Civil Monetary Penalty, Export Controls, Foreign Investment, National Security

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Beth Alcalde

Year-End Watch List: Possible Simplification to Employer Group Health Plan Reporting

2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA)…more

Affordable Care Act, Biden Administration, Employee Benefits, Employer Group Health Plans, Health Insurance

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Silvia Alderman

Justice Department Refines Policy for Clean Water Act Enforcement

This week, the Justice Department has memorialized a policy that will give the states primacy in enforcement of Clean Water Act civil cases. On July 27, 2020, the U.S. Department of Justice Environment & Natural Resources…more

Clean Water Act, Department of Justice (DOJ), Deregulation, Environmental Policies, Regulatory Reform

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Robert Alexander

Florida Live Local Act

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Marissa Alguire

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Mojan Anari

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Jacqueline Arango

The Supreme Court Curbs Excessive Disgorgement Awards in SEC Civil Enforcement Actions

On June 22, 2020, the U.S. Supreme Court in Liu v. Securities and Exchange Commission, ruled that the U.S. Securities and Exchange Commission (SEC) can seek the remedy of disgorgement in civil enforcement proceedings for…more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

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Ashley Arnett

Employers Must Report Pay Data and Hours Worked

Employers with 100 or more employees must report pay data and hours worked by race, sex, and ethnicity for employees in each of 10 job categories as a result of a recent court ruling. The data for 2017 and 2018 payrolls must be…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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Santiago Assalini

CARES Act Considerations for Small and Mid-Size Trade Contractors

CARES Act Objectives - The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was signed into law on March 27, 2020, with the intent of helping American individuals and businesses navigate the crisis caused by…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Vincent Avery

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Discrimination, Gender Identity

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Jonathan Awner

Middle Market Private Equity

Deal Flow, Purchase Price Multiples, Exit Activity and Fundraising - Transaction metrics for 2017 and the first quarter of 2018 for the overall U.S. middle market for buyouts and the subsector of sub-$1B funds require…more

Buyouts, Family Businesses, Investment, Investors, Private Equity

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Enjoliqué Aytch

South Florida Shutters its Boat Ramps, Launches, and Marinas Amid Covid-19 Concerns

As the world, the United States, and specific municipalities continue to do all they can to prevent the further spread of the novel coronavirus, COVID-19, some South Florida counties have shuttered their boat ramps, launches,…more

Business Closures, Coronavirus/COVID-19, Fishing Industry, Florida, Marinas

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Emily Ayvazian

It’s Election Season! Regulating Political Speech in the Workplace

With less than three months to go until the general election, politics seem to be a hot topic for discussion these days! However, today’s political climate is more divisive than ever, and there are many reasons why you may not…more

Employee Rights, Employment Policies, General Elections, NLRA, Political Expression

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Ian Bacheikov

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or lease,…more

Commercial Leases, Commercial Tenants, Contract Terms, Florida, Hospitality Industry

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Rebecca Barrett

Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of…more

Anti-Discrimination Policies, Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Trish Barrett MacAskill

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Nicholas Barshel

Florida Live Local Act

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Jiyeon Barta

Summary of Tax Provisions in the Consolidated Appropriations Act, 2021

On December 27, 2020, President Trump signed the new $900 billion stimulus package – the Consolidated Appropriations Act, 2021 (the CAA), which, among other things, advances legislation intended to provide additional help for…more

Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention

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David ('Cole') Beaubouef

SEC’s Latest Marketing Rule Guidance: Key Takeaways for Advisers

On March 19, 2025, the Securities and Exchange Commission’s (SEC) Division of Investment Management updated its Marketing Compliance Frequently Asked Questions (FAQ) to address industry confusion that has arisen in the wake of…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

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Zoe Bekas

California is Spooky—California’s Recently Enacted Laws Provide Further Fright (aka Legal Obligations) to California Employers

Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of…more

California, Employer Liability Issues, Paid Time Off (PTO), Pay Transparency, Reproductive Discrimination

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Paola Benitez

FinCEN Exempts U.S. Companies From Beneficial Ownership Reporting and Focuses on Foreign Entities

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) announced an interim final rule that significantly narrows the scope of beneficial ownership information (BOI) reporting requirements under the Corporate…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

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Dana Berber

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August 13,…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

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Felipe Berer

Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, Foreign Corrupt Practices Act (FCPA), Foreign Jurisdictions, White Collar Crimes

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Colby Berman

Back to Basics: The 2025 Employment Law Playbook

The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a…more

Arbitration Agreements, Artificial Intelligence, Ban the Box, Criminal Records, Employer Liability Issues

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William Bernfeld

California Wildfires: What Is the Lender’s Obligation to Release Insurance Proceeds for the Repair and Restoration of Real Property?

At this juncture, it is difficult to assess the breadth of damage and loss of life that has occurred as a result of the devastating fires in California. Based on initial reports, it is possible that entire communities have been…more

California, Insurance Claims, Insurance Industry, Lenders, Loans

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Joshua Bernstein

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

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Mark Bernstein

The End of Chevron – The Takeaways

On June 28, 2024, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. National Resources Defense Council, Inc., 467 U.S. 837 (1984), and the so-called Chevron doctrine that developed from that case. The decision in Loper…more

Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

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Raymond Berti

NY Employers: Note New NY COVID-19 Guidance

With the COVID-19 landscape in New York changing rapidly, employers may be understandably confused about what rules to abide by when it comes to things like masks, social distancing, and safety protocols. Significant changes may…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Masks

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Joel Bertocchi

DOJ’s New Compliance Program Guidance Creates A New Dilemma For Companies

On April 30, 2019, the U.S. Justice Department’s Criminal Division issued new policy guidance to help prosecutors evaluate whether corporate compliance programs are effective. Many of the concepts are not new, but companies…more

Compliance, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

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Richard Bezold

Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

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Alicia Bhambhani

Florida Restaurants Win Big with Permanent Mixed-Drinks To-Go

It’s official! On July 1, 2021, restaurants in Florida will be able to sell alcoholic beverages, including mixed cocktails, to-go and for delivery permanently…more

Florida, Hospitality Industry, Liquor, Liquor Licences, New Legislation

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Jarrett Bingemann

Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), EPCRA, Fines

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David Birke

Updated: Reviewing PPP Loan Application Certifications in Light of Additional SBA Guidance

Updated on May 6, 2020 - Since the implementation of the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on April 3, 2020, the U.S. Small Business Administration (SBA)…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Popular

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Danya Blair

U.S. Supreme Court Holds Healthcare Entities Not Liable for Emotional Injury Damages Under Certain Anti-Discrimination Statutes

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain…more

Affordable Care Act, Anti-Discrimination Policies, Cummings v Premier Rehab Keller PLLC, Emotional Injury Claims, Federal Funding

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David Blum

What’s Next for the Evolution of Public Law 86-272?

For over 65 years, Public Law 86-272 has dictated a state’s ability to assert income tax on an out-of-state business. While the 1959 federal law predated the emergence of e-commerce and digital services and could not have…more

Business Entities, E-Commerce, Government Agencies, Income Taxes, Judicial Authority

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Ashley Bobo

Weed in the Workplace – Marijuana Roundup

Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others…more

Anti-Discrimination Policies, Employment Policies, Local Ordinance, Marijuana, Medical Marijuana

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Alvan Bobrow

Declaring Domicile

It’s Trickier Than You Think, Even for the President- In a tweet on October 31, 2019, the President announced that New York “will always have a special place in my heart!” While there may be political reasons for relocating…more

Domicile, Estate Tax, Income Taxes

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Stacy Bercun Bohm

Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in various…more

Construction Project, Florida, Hurricane Season, Infrastructure, Labor Shortage

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Meghan Boland

The Coronavirus And Force Majeure Clauses In Contracts

Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to…more

Affirmative Defenses, Breach of Contract, Commercial Contracts, Contract Terms, Coronavirus/COVID-19

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Michael Bowen

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from providing…more

Apportionment, Commerce Clause, Constitutional Challenges, Corporate Taxes, Florida

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Richard Bowers

Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends to…more

Department of Finance, Property Owners, Property Tax, Tax Commissions

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Joseph Brasile

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

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Scott Brenner

CFPB and FTC Put Landlords On Notice Regarding Tenants' Pandemic Protections

On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest landlords…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Debt Collection, Enforcement Authority, Eviction

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Richard Brosnick

Leisure Law Insider (Vol. 5) - Winter 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Antitrust Provisions, Artificial Intelligence, Employee Training, Employment Policies, Federal Trade Commission (FTC)

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Sara Brubaker

New FTC Rule Spares Non-Compete Clauses That Bind Franchisees, But Bans Most “Worker” Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a Non-Compete Clause Rule that would ban most non-compete clauses in agreements between businesses and their “workers.” The final rule will take effect 120…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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Brittany Buccellato

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Policies, Fitness for Duty Exams

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Karen Buesing

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

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

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Thomas Bullock

Leisure Law Insider (Vol. 3) - Summer 2024

Welcome to the third edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Condominiums, Contract Terms, Federal Trade Commission (FTC), Fees, Florida

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Martin Burkett

New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. A failure to maintain an effective compliance program may…more

Compliance Management Systems, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC), Fraud and Abuse

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Jeremy Burnette

Harmonizing Federal and Florida Laws on Prescribing Controlled Substances Through Telehealth

Practitioners who want to prescribe controlled substances via telehealth to patients in Florida must meet the requirements of both federal and state law. The federal Drug Enforcement Administration (DEA) and the Florida…more

Controlled Substances, DEA, Florida, Health Care Providers, Healthcare

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James M. Burns

Klobuchar Antitrust Bill Could Have Significant Impact on Healthcare Industry

In early February, Senator Amy Klobuchar, new Chair of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, introduced the “Competition and Antitrust Law Enforcement Reform Act of 2021″(S225)…more

Anti-Competitive, Antitrust Provisions, Big Tech, Competition, Health Insurance

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Ashley Calhoun

Fishing in the Company Pond

Valentine’s Day is here, and office romances are either casting in the air, already afloat, or over and, in any event, likely the subject of the latest office gossip…more

Employer Liability Issues, Employment Policies, Holidays, Risk Management, Sexual Harassment

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Stacey Callaghan

Telehealth: Two Steps Forward For Payment, Three Steps Back For Fraud?

For telehealth, 2019 is off to a running start. In the first four months of the year alone, the industry has seen confirmation of payment advances for Medicare Advantage beneficiaries and expansion of coverage under state…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Fraud, Telehealth

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Ryan Cangarlu

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Cynthia Bock

IRS Expands Identity Protection Program to Cover Additional Taxpayers

The Internal Revenue Service (IRS) recently announced that starting in 2015, taxpayers who filed their 2014 federal tax return with an address in Florida, Georgia, or Washington, D.C. are eligible to obtain an "identity…more

Data Protection, IRS, Personally Identifiable Information, Tax Returns

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Christopher Carver

Replenishing The Judiciary

News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal from…more

Confirmation Proceedings, Judicial Appointments, Nominations

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Maria Casablanca

New I-9 Form Required But Verification Relaxed for Some Employers

Amidst the fast changing pace of employer benefits and obligations during the COVID-19 pandemic, the Department of Homeland Security (DHS) has implemented changes to ensure that immigration worksite compliance continues…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9, Hiring & Firing

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Ross Charap

Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Lillian Chaves Moon

Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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Steven Chudnow

New York State Legislators Reintroduce Bill Proposing Tax on Mezzanine Debt and Preferred Equity Investments

In the January 2023 legislative session, New York State Senators Salazar, Brisport, Hoylman, Jackson, Myrie, and Rivera submitted a bill, S-318 which seeks to impose a mortgage tax on mezzanine debt on, and preferred equity…more

Equity Investors, Legislative Agendas, Mezzanine Lenders, Mortgages, New York

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Melissa Cizmorris

Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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James Clark

D.C. Government Publishes Proposed Rules on Tax Abatements for Residential Conversions

Washington D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) released its proposed rules establishing how the D.C. government will implement the Housing in Downtown Tax Abatement program. A…more

Affordable Housing, Housing Market, Property Owners, Property Tax, Property Valuation

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Trevor Coddington

Public Domain Full of Mousetraps After Steamboat Willie

The expiration of the 95-year copyright for Disney’s first Mickey Mouse from Steamboat Willie marked a momentous day in IP history. It also shines a spotlight on the public domain, and the inescapable fact that, as time passes,…more

Copyright, Copyright Expiration, Copyright Infringement, Copyright Registration, Disney

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Dale Alexandra Cohen

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Jordan Cohen

New Year, New HIPAA Security Rule Requirements? OCR Proposes Sweeping Changes for HIPAA Security Rule to Bolster Cybersecurity

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently proposed a sweeping rewrite of the HIPAA Security Rule that, if finalized, will require that many Covered Entities and their Business…more

Compliance, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Jules Cohen

Your Collateral Can Disappear in Chapter 11

Suppose you have made a loan and your collateral includes a lien on receivables or inventory. If your borrower files Chapter 11, you are in danger of your collateral disappearing during the Chapter 11 case. Here's how…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Collateral, Commercial Bankruptcy

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Eric Coleman

Enter At Your Own Risk: State Legislation And Waivers To Protect Businesses Against Liability for the Transmission of COVID-19

Introduction - As businesses operate amid the uncharted coronavirus (COVID-19) pandemic, they have started to face lawsuits brought by patrons claiming they contracted COVID-19 while on the business’s premises. In fact,…more

Coronavirus/COVID-19, Immunity, Infectious Diseases, Liability, Negligence

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C. Harrison Cooper

Illinois Provides Additional COVID Protections Against Residential Evictions

Since early March, all of Illinois has been under a gubernatorial disaster declaration; but while essential and non-essential business restrictions have waxed and waned per a variety of metrics, there has been an everlasting…more

Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases, Landlords

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Luis Cortes

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or lease,…more

Commercial Leases, Commercial Tenants, Contract Terms, Florida, Hospitality Industry

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Megan Coughlin

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the Fair…more

Biden Administration, Department of Labor (DOL), Enforcement Actions, Fair Labor Standards Act (FLSA), Final Rules

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Lisa Coyle

Delaware Supreme Court Decision Creates New Paradigm for Derivative Claims

On September 23, the Delaware Supreme Court issued a decision replacing the long-standing Aronson test for demand futility and instead adopts and affirms a new universal Rales-like test applied below by Vice Chancellor Laster..…more

Board of Directors, Corporate Counsel, Corporate Misconduct, DE Supreme Court, Demand Futility

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Emily Cramer

California Court Checks Enforcement Authority of New Privacy Agency

Background - Enforcement of the California Privacy Rights Act of 2020 (CPRA) Final Regulations by the California Privacy Protection Agency was put on hold June 30, 2023, by a California Superior Court, just before enforcement…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity

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William Craven

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death Suit

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed no…more

Apartments, Bodily Injury, Commercial General Liability Policies, Duty to Defend, Environmental Policies

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T. Spencer Crowley III

Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

See all updates »

Paul D'Alessandro, Jr.

Tax Reform: Sweeping Changes To Federal Tax Law And The Impact On Businesses And Individuals

On December 22, 2017, President Trump signed into law what is commonly referred to as the "Tax Cuts and Jobs Act" (the "Act"). The Act makes significant changes to the Internal Revenue Code (the "Code") and affects a broad array…more

Alternative Minimum Tax, Business Taxes, Compensation & Benefits, Corporate Taxes, Estate Tax

See all updates »

Daphna Davidovits

The Impact of COVID-19 on Commercial Real Estate Foreclosures in California

As many people are aware, on March 16, 2020, Governor Newsom of California issued an executive order requesting that lenders forbear on both commercial and residential foreclosures and evictions as a result of COVID-19…more

Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure, Judicial Foreclosure Process

See all updates »

Kirk Davis

Compliance Officers: Read the New OIG General Compliance Program Guidance!

The Office of Inspector General of the U.S. Department of Health and Human Services (the OIG) recently released an updated General Compliance Program Guidance document (GCPG). The GCPG has been anticipated since the OIG…more

Anti-Kickback Statute, Compliance Management Systems, Cooperative Compliance Regime, Department of Health and Human Services (HHS), Health Care Providers

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Sanford Davis

Tax Reform: The Impact On Real Estate

The new tax law commonly referred to as the “Tax Cuts and Jobs Act” (the “Act”) – signed into law on December 22, 2017 – makes far reaching income tax law changes that will impact both commercial and residential real estate…more

Estate Tax, FIRPTA, Net Operating Losses, Pass-Through Entities, Popular

See all updates »

Carlos de la Cruz III

FTC Finalizes Long-Awaited Final Rule With Significant Changes to HSR Act Filings

1. Although the Final Rule includes less extensive changes than those originally proposed, these changes will significantly increase the cost and the time required to prepare filings…more

Acquisition Agreements, Antitrust Provisions, Corporate Sales Transactions, Federal Trade Commission (FTC), Final Rules

See all updates »

Sarah DeFranco

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

See all updates »

Damien DeLaney

Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?

In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring…more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Alex Denault

Treasury Releases Second Round Of Proposed Opportunity Zone Regulations

The Treasury Department released the second round of proposed regulations under the Qualified Opportunity Zone program (the “New Regulations”) on April 17, 2019. These New Regulations make additions to, and in some cases replace…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investors

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Matthew Detzel

New Federal Legislation Regarding Substance-Use Disorder Treatment

On October 24, 2018, the federal government enacted comprehensive, bipartisan legislation intended to address America’s pandemic of opioid abuse. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment…more

Anti-Kickback Statute, Health Care Providers, New Legislation, Opioid, Prescription Drugs

See all updates »

Diane DeWolf

Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

See all updates »

Dean Dickie

Higher Education Braces for Class Action Lawsuits for COVID-19-Related Reimbursements

As most institutions of higher education have transitioned to online learning, several class action lawsuits have been brought against such institutions, seeking reimbursement of tuition and certain fees…more

Breach of Contract, CARES Act, Class Action, Class Certification, Colleges

See all updates »

John Dicks, II

Colleges’ Liability For Defaulting Parents Narrowing?

Good news for colleges: Connecticut may be on the leading edge of a trend to bar bankruptcy trustees from pursuing colleges when parents default on their “Parent PLUS” loans. When a parent signs a “Parent PLUS” loan to help…more

Bankruptcy Court, Colleges, Consumer Bankruptcy, Fraudulent Transfers, Trustees

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Martin Dix

Harmonizing Federal and Florida Laws on Prescribing Controlled Substances Through Telehealth

Practitioners who want to prescribe controlled substances via telehealth to patients in Florida must meet the requirements of both federal and state law. The federal Drug Enforcement Administration (DEA) and the Florida…more

Controlled Substances, DEA, Florida, Health Care Providers, Healthcare

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Emily Doan

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Martin Domb

Helms-Burton Title III Comes To Life

For the first time in 23 years, the United States government announced on April 17, 2019, its intention to activate Title III of the Cuban Liberty and Solidarity Act of 1996, popularly known as Helms-Burton. This unprecedented…more

Asset Seizure, Cuba, Foreign Corporations, Trump Administration

See all updates »

Brenden Dougherty

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death Suit

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed no…more

Apartments, Bodily Injury, Commercial General Liability Policies, Duty to Defend, Environmental Policies

See all updates »

Ana Dowell

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile…more

Employees, Employer Liability Issues, Federal Labor Laws, Job Descriptions, NLRA

See all updates »

Victoria Doyle

Content-Based but Viewpoint-Neutral: Federal Trademark Law “Names Clause” Withstands Constitutional Challenge

There has long been a tension between the Free Speech Clause of the First Amendment of the U.S. Constitution and federal trademark law. In two relatively recent Supreme Court trademark cases, the First Amendment won, enabling…more

Constitutional Challenges, First Amendment, Free Speech, Lanham Act, SCOTUS

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Donald Duffy

U.S. Issues Proposed Tax Regulations For Section 199A Qualified Business Income Deduction

On August 8, 2018, the Treasury Department and Internal Revenue Service released Proposed Regulations clarifying issues that arise under Section 199A of the Internal Revenue Code of 1986, as amended (the “Code”). This Practice…more

Business Income, Business Taxes, Income Taxes, Pass-Through Entities, Proposed Regulation

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Christopher Duke

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout…more

Decriminalization of Marijuana, Employee Rights, Employer Liability Issues, Employment Policies, Marijuana

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Brice Dumais

Unenforceable Upon Issuance: The Patent Danger Posed by Errors in a Terminal Disclaimer

A recent case in the Western District of Oklahoma shines a spotlight on the patent danger posed by errors in a terminal disclaimer. In this case, a typographical error in the filed terminal disclaimer rendered an ensuing patent…more

Intellectual Property Protection, Obviousness-Type Double Patenting (ODP), Patent Infringement, Patent Litigation, Patents

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R. Martin Dungan

The End of No-Coiners in the Beltway: Form or Substance?

The Biden administration's approach to digital assets and crypto products frustrated industry participants and advocates for years. As the SEC, CFTC, FDIC, OCC, Federal Reserve, and even CFPB attempted to regulate these…more

CFTC, Cryptocurrency, Digital Assets, FDIC, Federal Reserve

See all updates »

Christopher Eby

Department of Labor Issues FFCRA Guidance Poster

A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24…more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Angela Hart-Edwards

EEO-1 Pay Data Collection Form Nixed for Now

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed it…more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Ashlea Edwards

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

See all updates »

Cecilia Ehresman

Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

See all updates »

Anthony El-Hashem

U.S.-Cuba Policy Whiplash

The United States has enacted several volatile rounds of Cuba policy changes since the start of this year, as incoming Trump administration officials moved on January 20, 2025, to reverse measures enacted less than a week…more

Biden Administration, Cuba, Department of Homeland Security (DHS), Economic Sanctions, Executive Orders

See all updates »

Zarra Elias

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employee Retirement Income Security Act (ERISA)

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Tyler Engar

CFPB Finalizes Open Banking (Section 1033) Rule

On October 22nd, the Consumer Financial Protection Bureau ("CFPB") issued its final open banking rule, which implements section 1033 of the Dodd Frank Act ("Final Rule"). The Final Rule requires data providers, which includes…more

Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

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Nicholas Erickson

Unsuccessful Union Election? Employers Might Still Be Ordered to Engage in Collective Bargaining

Employers with a workforce seeking to unionize may soon be ordered to bargain even without a union election (or potentially, even if the employer won the election)—if the NLRB’s General Counsel succeeds in resurrecting a…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Carol Schoffel Faber

Reinventing The Suburbs

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s money—more…more

Baby Boomers, Millennials, Real Estate Market, Shopping Centers

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Katie Fackler

Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Lorie Fale

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from providing…more

Apportionment, Commerce Clause, Constitutional Challenges, Corporate Taxes, Florida

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Cary Farris

Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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John Faust

SEC’s Latest Marketing Rule Guidance: Key Takeaways for Advisers

On March 19, 2025, the Securities and Exchange Commission’s (SEC) Division of Investment Management updated its Marketing Compliance Frequently Asked Questions (FAQ) to address industry confusion that has arisen in the wake of…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

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Lauren Ferrante

Illinois DOR Proposes to Change Income Tax Liability for Businesses that Make Sales to Foreign Countries

The Illinois Department of Revenue (“IDOR” or “Department”) recently issued a Notice of Proposed Amendment to amend its Regulation (86 Ill. Admin. Code § 100.3200) governing the “throwback” and “throwout” apportionment…more

Apportionment, Business Taxes, Department of Revenue, Doing Business, Illinois

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Matthew Finkelstein

Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Kevin Finley

Legal Challenges to the U.S. Department of Labor’s New Overtime Rule

As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and…more

Department of Labor (DOL), Exempt-Employees, Highly Compensated Employees, Minimum Salary, Over-Time

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Emily Fiore

In Search of Revenue – Chicago Issues Bulletin on Economic Nexus For Streaming and Cloud Services

On January 21, 2021, the City of Chicago’s Department of Finance issued an informational bulletin clarifying its position regarding economic nexus for Chicago’s amusement tax as applied to streamed amusements and Chicago’s…more

Bright-Line Rule, Cloud Computing, Digital Service Providers, Economic Presence Nexus, Internet Streaming

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Kristen Fiore

Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

See all updates »

Dee Dee Fischer

FCC Proposes Stringent Data Privacy and Security Rules for Internet Service Providers

Late last week, Federal Communications Commission chairman Tom Wheeler proposed sweeping new data privacy and security rules for broadband internet service providers. The proposal represents the FCC's first major regulatory act…more

Communications Act of 1934, Data Breach, Data Privacy, Data Security, FCC

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Noam Fischman

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients Even if the Care Endangers a Fetus

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant…more

Abortion, Constitutional Challenges, EMTALA, Health Care Providers, Hospitals

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Patricia Flanagan

B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct…more

B&B Hardware v Hargis Industries, Intellectual Property Protection, Likelihood of Confusion, SCOTUS, Trademark Infringement

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Paul Foley

SEC’s Latest Marketing Rule Guidance: Key Takeaways for Advisers

On March 19, 2025, the Securities and Exchange Commission’s (SEC) Division of Investment Management updated its Marketing Compliance Frequently Asked Questions (FAQ) to address industry confusion that has arisen in the wake of…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

See all updates »

Jacqueline Foroutan

Consumer Regulators' Role in Biden Administration's Framework on Digital Assets

Earlier this year, President Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets ("Digital Assets EO"). The Digital Assets EO directed over 20 federal agencies to provide the Administration with…more

Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Digital Assets

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Angelica Fortney

Leave Sharing Programs – Returning to Work in the Age of COVID-19

As portions of the United States and various industries begin to resume operations during the ongoing COVID-19 pandemic, employers must consider how to implement workplace policies that appropriately balance employees' potential…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA), Medical Leave

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Michael Francis

Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, Over The Counter Derivatives (OTC)

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Brian Fraser

New Ruling Limits "Forum Shopping" In Mass Action Cases And Has Potentially Significant Implications For Class Actions

On June 19, 2017, the United States Supreme Court issued the latest in a line of decisions that began in 2011 which has restricted the exercise of personal jurisdiction over corporate defendants by state and federal courts. In…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Forum Shopping, Personal Jurisdiction, SCOTUS

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Pedro Freyre

U.S.-Cuba Policy Whiplash

The United States has enacted several volatile rounds of Cuba policy changes since the start of this year, as incoming Trump administration officials moved on January 20, 2025, to reverse measures enacted less than a week…more

Biden Administration, Cuba, Department of Homeland Security (DHS), Economic Sanctions, Executive Orders

See all updates »

Thomas Fullerton

Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

See all updates »

Alison Gabay

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Blake Gaines

PPP Ineligible Business Types: Constantly Changing Guidelines Leave Many Small Businesses Confused

Small businesses have experienced a great deal of confusion as they try to determine their eligibility for a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)…more

CARES Act, Coronavirus/COVID-19, Eligibility, Federal Loans, Paycheck Protection Program (PPP)

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Steven Gallagher

PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Franchisee, Human Resources Professionals

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Lauren Gandle

Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim

How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District…more

Anti-Kickback Statute, Co-payments, False Claims Act (FCA), False Statements, Health Insurance

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Amy Moor Gaylord

Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

See all updates »

Joanne Gelfand

Courts Approve Alternative Service Via Twitter and Blockchain in Cryptocurrency Cases

Recent decisions permitting service of documents via social media and blockchain technology illustrate how the courts are fashioning solutions to address the unique and logistical challenges of identifying and serving anonymous…more

Bankruptcy Court, Blockchain, Chapter 15, Commercial Bankruptcy, CPLR

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Michael Gennett

Courts May Now Stop Medicare from Recouping Payments

In recent years, many Medicare providers who have received significant overpayment determinations from Medicare contractors have gone out of business while waiting to be heard before an Administrative Law Judge (ALJ) for a…more

Administrative Law Judge (ALJ), False Claims Act (FCA), Health Care Providers, Medicare, Overpayment

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Evelina Gentry

Preparing for an HSR Filing in the Ordinary Course of Business

Earlier this year, the Federal Trade Commission (FTC), with concurrence from the Antitrust Division of the Department of Justice (DOJ), issued a Final Rule implementing substantial changes to the pre-merger notification process…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements

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Stefi George

What’s Next for the Evolution of Public Law 86-272?

For over 65 years, Public Law 86-272 has dictated a state’s ability to assert income tax on an out-of-state business. While the 1959 federal law predated the emergence of e-commerce and digital services and could not have…more

Business Entities, E-Commerce, Government Agencies, Income Taxes, Judicial Authority

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Ari Gerstin

Florida Appellate Court Upholds Landmark Decision For Companies In The Emerging Cannabis Sector

Akerman’s Client, Florigrown, Prevails in Pivotal Case Impacting How Cannabis Businesses Will Operate in Florida. This week, Florida’s First District Court of Appeal affirmed a landmark trial court temporary injunction…more

Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Katherine Giddings

Florida Voters Overturn Decades Of Precedent Controlling How Statutes And Rules Involving Administrative Bodies Must Be Construed

On Tuesday, November 6, 2018, Florida voters adopted Amendment 6. Most commonly known as the “Victim’s Rights” Amendment, Amendment 6 also added one sentence to the Florida Constitution that has enormous impact—overturning…more

Constitutional Amendment, Florida, State and Local Government, State Constitutions

See all updates »

Jeffrey Gilmore

REMINDER: Starting January 1, 2023, Virginia Will Prohibit Pay-If-Paid Clauses and Limit Pay-When-Paid Clauses

As explained in a prior update, Virginia recently enacted laws prohibiting pay-if-paid clauses in construction contracts and limiting the effectiveness of pay-when-paid clauses in certain agreements for public and private…more

Construction Contracts, Construction Project, Contract Terms, General Contractors, New Legislation

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Jennifer Cohen Glasser

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

See all updates »

Eric Goldberg

The End of No-Coiners in the Beltway: Form or Substance?

The Biden administration's approach to digital assets and crypto products frustrated industry participants and advocates for years. As the SEC, CFTC, FDIC, OCC, Federal Reserve, and even CFPB attempted to regulate these…more

CFTC, Cryptocurrency, Digital Assets, FDIC, Federal Reserve

See all updates »

Michael Goldberg

Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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James Goldsmith

Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors, Lenders, Limited Liability Company (LLC), Third-Party

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Jessica Goldstein

New York’s 421-a (16) Program Extension

To address the ongoing need for affordable housing in New York, Governor Hochul and the state legislature have passed additional incentives to spur affordable housing development…more

Affordable Housing, Construction Project, Economic Development, Housing Developers, New York

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Matthew Goldstein

Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export controls…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Comment Period, Export Administration Regulations (EAR), Export Controls

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Jonathan Gopman

Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Danielle Gordet

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30, 2024,…more

Cybersecurity, Data Breach, Data Protection, Electronic Protected Health Information (ePHI), Federal Trade Commission (FTC)

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Eric Gordon

The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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Gail Gottehrer

California’s GDPR? What The Golden State’s New Privacy Laws Mean For Your Business

Just over a month after the European Union’s General Data Protection Regulation (“GDPR”) went into effect, the State of California enacted a data privacy law, the scope and breadth of which rivals the GDPR. While the California…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Darla Graff

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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Darryl Graham

Leisure Law Insider (Vol. 1) - Fall 2023

Welcome to the first edition of The Leisure Law Insider, brought to you by Akerman's Chambers ranked Hospitality Sector Team! It will be released quarterly, covering the latest news and developments in leisure and hospitality…more

Anti-Assignment Clauses, County Planning Commissions, Due Diligence, First Impression, Hospitality Industry

See all updates »

Ronnie Graham

“CAOA” - A Federal Decriminalization of Cannabis Bill Addressing Banking, Taxes, Criminal Law, and More - Introduced in U.S. Congress

A long-awaited bill to federally legalize cannabis was finally introduced last week after a year of negotiation following the release of a draft last year. On Thursday, July 21, 2022, U.S. Senators Cory Booker, Chuck Schumer,…more

Agribusiness, Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Financial Services Industry

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Octavia Green

The Tax Cut And Jobs Act: Passed To Make Higher Education Less Attainable?

Having passed a critical hurdle in the Senate, it appears likely that some version of the Tax Cut and Jobs Act will be passed into law. It is also becoming clear that the passage of this Act will impact higher education by…more

Colleges, Educational Institutions, Tax Reform, Tuition, Universities

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Jamel Greer

NCAA Settlement Moves Forward but Faces Obstacles Over Fairness and Roster Limits Before It’s Finalized

In October 2024, the proposed $2.8 billion NCAA House Settlement (the Settlement) for the breakthrough House v. NCAA litigation received preliminary approval from Judge Claudia Wilken for the Northern District of California…more

Antitrust Litigation, College Athletes, Compensation, Name and Likeness, NCAA

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James Grice

IRS Provides Long-Awaited Guidance Clarifying the Domestic Content Bonus Credit Requirements

On Friday, May 12, 2023, the IRS released Notice 2023-38 (Notice) providing much needed guidance regarding the requirements to claim the new domestic content bonus credits available under Internal Revenue Code Sections 45, 45Y,…more

Domestic Policy, Energy Policy, Energy Projects, Energy Storage, Internal Revenue Code (IRC)

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Steven Grigas

Summary of Healthcare Provisions in CARES Act

The United States is experiencing an unprecedented shutdown affecting almost all aspects of life due to the current pandemic. To speed relief to the economy, on March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Diagnostic Tests, Health Care Providers, Healthcare Workers

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Matthew Gurnick

Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?

In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring…more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Gary Guzzi

Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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Marcy Hahn-Saperstein

Fix Your Weak Links in Your Medicaid Claims

Medicaid providers and suppliers have likely discovered this the hard way. A provider’s or supplier’s enrollment in the Medicaid program may be insufficient to assure that their provision of a covered and medically necessary…more

Goods or Services, Health Care Providers, Health Insurance, Healthcare, Insurance Claims

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Russell Hale

Notable Changes To Florida Tax Law

The Florida legislature recently wrapped up its 2019 session. Of particular note, the following tax law changes were enacted. Documentary Stamp Tax – Deeds between Spouses Florida imposes a surtax – referred to as the…more

Corporate Taxes, GILTI tax, Income Taxes, Sales & Use Tax, Stamp Taxes

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Brian Harris

Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax…more

Appeals, Commerce Clause, Conflicts of Laws, Cross-Border, Due Process

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Carolyn Haslam

New Environmental Tort Risk For Health Care Facilities & Sensitive Populations: Legionella In Building Water Systems

Legionella – a potentially dangerous bacteria that can pose significant health and legal risks when in a building’s interior water systems – is a growing concern with major tort litigation exposure for hospitals, health care…more

Centers for Disease Control and Prevention (CDC), Healthcare Facilities, Hospitals, Nursing Homes

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Joseph Hatchett

Replenishing The Judiciary

News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal from…more

Confirmation Proceedings, Judicial Appointments, Nominations

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Christy Hawkins

Explainer Things: Season 2 Episode 3

It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB. The…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Peter Hawkins

It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more

Attorney's Fees, Exceptional Case, Rule 54, Trademark Infringement, Trademarks

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Ross Heft

Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Kevin Hein

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Sandra Heller

New Federal Legislation Regarding Substance-Use Disorder Treatment

On October 24, 2018, the federal government enacted comprehensive, bipartisan legislation intended to address America’s pandemic of opioid abuse. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment…more

Anti-Kickback Statute, Health Care Providers, New Legislation, Opioid, Prescription Drugs

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William Heller

Explainer Things: Season 2 Episode 3

It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB. The…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Xakema Henderson

Is PFAS The New Asbestos?

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) refer to a family of thousands of man-made chemicals — the most common being PFOA, PFOS, and GenX — that are heat-, water-, grease-, and oil-resistant. Because of these…more

Contamination, Drinking Water, Groundwater, Hazardous Substances, PFAS

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Tiffany Hendricks

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Federal Labor Laws, Final Rules, Franchises

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Bradley Henry

Carrots and Sticks: DOJ Announces Policy Shift on Corporate Crime

On September 15, Deputy Assistant General of the United States ("DAG") Lisa Monaco announced new U.S. Department of Justice ("DOJ") policy changes during a speech on corporate criminal enforcement at New York University Law…more

Cooperative Compliance Regime, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Jurisdiction

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Wesley Hevia

Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade County…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development

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Melissa Hill

Corporate Transparency Act: An Overview

The Corporate Transparency Act (CTA) became federal law on January 1, 2021, as part of the Anti-Money Laundering Act of 2020. The new rule, which will go into effect on January 1, 2024 (the “Effective Date”), requires companies…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Dustin Hillsley

Delaware Court of Chancery Extends Oversight Obligations to Non-Director Corporate Officers

In former Chancellor Allen’s hallmark decision in In re Caremark International, Inc. Derivative Litigation, the Delaware Court of Chancery held that directors of a corporation owe stockholders the fiduciary duty of oversight…more

Board of Directors, Caremark claim, Corporate Officers, Derivative Suit, Duty of Oversight

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Montoya Ho-Sang

NCAA Settlement Moves Forward but Faces Obstacles Over Fairness and Roster Limits Before It’s Finalized

In October 2024, the proposed $2.8 billion NCAA House Settlement (the Settlement) for the breakthrough House v. NCAA litigation received preliminary approval from Judge Claudia Wilken for the Northern District of California…more

Antitrust Litigation, College Athletes, Compensation, Name and Likeness, NCAA

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Elizabeth Hodge

New Year, New HIPAA Security Rule Requirements? OCR Proposes Sweeping Changes for HIPAA Security Rule to Bolster Cybersecurity

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently proposed a sweeping rewrite of the HIPAA Security Rule that, if finalized, will require that many Covered Entities and their Business…more

Compliance, Cybersecurity, Data Privacy, Data Security, Department of Health and Human Services (HHS)

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John Hood

Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law

The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete agreements:…more

Employees, Florida, Health Care Providers, Healthcare, Independent Contractors

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Irán Hopkins

IRS Provides Long-Awaited Guidance Clarifying the Domestic Content Bonus Credit Requirements

On Friday, May 12, 2023, the IRS released Notice 2023-38 (Notice) providing much needed guidance regarding the requirements to claim the new domestic content bonus credits available under Internal Revenue Code Sections 45, 45Y,…more

Domestic Policy, Energy Policy, Energy Projects, Energy Storage, Internal Revenue Code (IRC)

See all updates »

Jeffrey Horton Thomas

Is this the End of Independent Contractors in California?

Employers classifying workers in California as independent contractors face grave new concerns based on Assembly Bill 5, signed into law by Governor Newsom on Wednesday, September 18. In its breadth and the risk to which it…more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Freelance Workers

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Valerie Hubbard

2018 Legislation Allows Greater Flexibility For Large Developments And Existing Developments Of Regional Impact

Chapter 2018-158, Laws of Florida (HB 1151), signed by the Governor on April 6, further reduces the scope and significance of Florida’s Development of Regional Impact (DRI) review process. The legislation is effective…more

Florida, Real Estate Development, State and Local Government, Urban Planning & Development

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Bill Ide III

How to Protect Boards From COVID-19 Governance Risk

Government committees, whistle blowers, the plaintiffs’ bar, activists, customers and special interest groups all appear to be readying to assail company boards, for failing the public trust. Originally Published inThe Bureau…more

Attorney-Client Privilege, Board of Directors, Business Closures, Business Disruption, Business Litigation

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Tom Ingram

2018 Legislation Allows Greater Flexibility For Large Developments And Existing Developments Of Regional Impact

Chapter 2018-158, Laws of Florida (HB 1151), signed by the Governor on April 6, further reduces the scope and significance of Florida’s Development of Regional Impact (DRI) review process. The legislation is effective…more

Florida, Real Estate Development, State and Local Government, Urban Planning & Development

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Tara Jackson

SEC Expands Confidential Review Process for Draft Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “Commission”) announced updates to its confidential submission process for draft registration statements, broadening the scope of issuers eligible for non-public…more

Capital Markets, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K, Reporting Requirements

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Daniel Jacobson

FinCEN Exempts U.S. Companies From Beneficial Ownership Reporting and Focuses on Foreign Entities

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) announced an interim final rule that significantly narrows the scope of beneficial ownership information (BOI) reporting requirements under the Corporate…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

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Brandon Jang

SEC Proposes Rules To Modernize And Simplify Certain Disclosure Requirements In Regulation S-K And Related Rules And Forms

On October 11, 2017, the U.S. Securities & Exchange Commission (the Commission) proposed amendments to simplify and modernize the disclosure obligation of public companies in an effort to reduce costs and burdens on registrants,…more

Corporate Governance, Disclosure Requirements, EDGAR, Fixing America’s Surface Transportation Act (FAST Act), Proposed Amendments

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Ileana Jerez

Leisure Law Insider (Vol. 4) - Fall 2024

Welcome to the fourth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

363 Sales, Commercial Bankruptcy, Condominiums, Construction Project, Employees

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Benjamin Joelson

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

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Robin Johnson

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee rooms…more

Bad Faith, Bodily Injury, Car Accident, Georgia, Insurance Industry

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Joshua Hamlet

Taxing the Intangible: Applying Conventional Definitions to Modern Digital Products

In an ongoing battle against Netflix Inc., the Colorado Department of Revenue has argued that the historical definition of “tangible personal property” is sufficiently broad as to encompass digital goods — including streaming…more

Digital Goods, Digital Taxes, Netflix, Sales Tax, State Taxes

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Andrew Karter

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,…more

Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Neisen Kasdin

Substantial Income Tax Benefits Await Real Estate Investors In Florida’s Qualified Opportunity Zones

On June 14, 2018, the U.S. Treasury Department and the Internal Revenue Service announced the final round of census tracts in low-income communities in the State of Florida which are designated as “qualified opportunity zones”…more

Florida, Income Taxes, Investors, IRS, Low-Income Issues

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Samantha Kavanaugh

Delaware Supreme Court Validates Cost Saving Federal Forum Selection Provisions in Corporate Charters

On March 18, 2020, the Delaware Supreme Court reversed a Chancery Court decision invalidating federal forum selection provisions contained in the certificates of incorporation of three Delaware corporations – Blue Apron…more

Blue Apron, Corporate Charters, DE Supreme Court, Forum Selection, Jurisdiction

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Thomas Kearney

CFPB Finalizes Open Banking (Section 1033) Rule

On October 22nd, the Consumer Financial Protection Bureau ("CFPB") issued its final open banking rule, which implements section 1033 of the Dodd Frank Act ("Final Rule"). The Final Rule requires data providers, which includes…more

Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

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Michael Kelly

Updated: Reviewing PPP Loan Application Certifications in Light of Additional SBA Guidance

Updated on May 6, 2020 - Since the implementation of the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on April 3, 2020, the U.S. Small Business Administration (SBA)…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Popular

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Jeffrey Kern

Proposed Treasury Regulations Cause for Concern Among Family Controlled Businesses

A profound effect on family controlled businesses may be in store when proposed Treasury Regulations under Section 2704 of the Internal Revenue Code come to pass. Under the new regulations, taxpayers would be precluded from…more

Estate Tax, Family Businesses, GST, Internal Revenue Code (IRC), IRS

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Carolyn Kershner

Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

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Scott Kessler

Supreme Court Holds That Pure Omissions Do Not Support Section 10(b) Claims in Macquarie Infrastructure Corp. v. Moab Partners, L.P.

On April 12, 2024, the U.S. Supreme Court limited an issuer's liability for securities fraud claims based on alleged omissions in SEC filings. The Court's unanimous decision in Macquarie Infrastructure Corp. et al v. Moab…more

Item 303, Macquarie Infrastructure Corp v Moab Partners LP, Misleading Statements, Omissions, Regulation S-K

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Reeya Khurana

Time’s Ticking: How to Tackle the 2024 EEO-1 Filing Before the Deadline!

The 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting…more

Affirmative Action, Discrimination, EEO-1, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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Sul Kim

Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

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Jeffrey Kimmel

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Fair Labor Standards Act (FLSA), Marijuana

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Thaddeus Kleckley

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced. The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Arlene Kline

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Paul Kobak

On-Line Resources Help Nonprofit Organizations Prepare for Cybersecurity Threats

The effects of a data breach can be disastrous for any company, but especially for a nonprofit organization, not only because of the harm to the affected individuals, including those served by the organization, but also the…more

Cyber Threats, Cybersecurity, Data Breach, Data Protection, Data Security

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Zachary Kobrin

First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and…more

Acquisition Agreements, Antitrust Provisions, Corporate Sales Transactions, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Karyn Koiffman

Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Megan Kokontis

Illinois Imposes New Limits on Non-Competes Effective January 1

Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Ronald Kornreich

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

See all updates »

Jennifer Kramer

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

See all updates »

Courtney Krause

CBD Rules Remain Murky After Ninth Circuit Court Of Appeals Decision

On April 30, 2018, the U.S. Court of Appeals for the Ninth Circuit rejected the Hemp Industry Association’s challenge to a 2016 Drug Enforcement Administration (DEA) rule that, among other things, classified cannabidiol (CBD) as…more

Agricultural Sector, Controlled Substances, DEA, Hemp, Marijuana

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Sarah Kroll-Rosenbaum

The Implications of Anticipated Amendments to PAGA for Staffing Companies

On Friday evening, the text of anticipated amendments to the Private Attorneys General Act (PAGA) became available from the California legislature. The bills — one from the Senate and one from the Assembly — would together amend…more

California, Labor Code, Penalties, Private Attorneys General Act (PAGA), Proposed Legislation

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Ryan Krone

Leisure Law Insider (Vol. 5) - Winter 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Antitrust Provisions, Artificial Intelligence, Employee Training, Employment Policies, Federal Trade Commission (FTC)

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Erika Labelle

President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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Mark Lafayette

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce for the goods or services on or in connection with which such registered mark has…more

Coronavirus/COVID-19, Goods or Services, Intellectual Property Protection, Lanham Act, Trademark Invalidity

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Sara Langan

News Flash: The Application Portal for the 2024 Low-Income Communities Bonus Tax Credit Program Is Open!

The application portal for the 2024 Low-Income Communities Bonus Credit Program opened on May 28, with a 30-day initial application window ending at 11:59 pm ET on June 27. All applications during the initial window are treated…more

Applications, Department of Energy (DOE), Internal Revenue Code (IRC), IRS, Low-Income Issues

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Peter Larsen

Summary of Tax Provisions in the Consolidated Appropriations Act, 2021

On December 27, 2020, President Trump signed the new $900 billion stimulus package – the Consolidated Appropriations Act, 2021 (the CAA), which, among other things, advances legislation intended to provide additional help for…more

Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Retention

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Michael Larson

The Environmental Perspective: U.S. Supreme Court Overturns Chevron in Landmark Decision and Limits Federal Agency Powers

In a much anticipated, landmark decision in Loper Bright Enterprises et al. v. Raimondo, the U.S. Supreme Court on June 28, 2024, overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Debra Leder

Duties Not Dollars: Texas Court Invalidates DOL’s Overtime Rule Before Anticipated January 1, 2025 Salary Level Increase

With the upcoming change in administration, we expected that the U.S. Department of Labor’s (DOL) 2024 Overtime Rule ultimately would be cast aside, but the timing of the January 1, 2025 salary level increase before Inauguration…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Amanda Leech

Corporate Responsibility: Board's Role in COVID-19 Risk Management

As states start to lift restrictions and allow people to “return to work,” companies are left to grapple with the specifics – the when, where, and how. The decisions to be made are not merely operational; they go to the core of…more

Board of Directors, Compliance Management Systems, Coronavirus/COVID-19, Corporate Governance, Enterprise Risks

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Richard Leland

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a…more

Construction Project, Environmental Policies, Judicial Authority, New York, Permits

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Anne Levin-Nussbaum

Trump Tax Bill Passes House: What Clean Energy Stakeholders Need to Know

Early yesterday morning, the House of Representatives passed President Donald Trump’s signature "One Big Beautiful Bill," largely aimed at extending the 2017 tax cuts, by a single vote (215-214). The bill includes huge cut-backs…more

Biden Administration, Clean Energy, Energy Policy, Energy Projects, Inflation Reduction Act (IRA)

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Eric Levine

Foreclosure Holds Impacting Statute Of Limitations

The COVID-19 crisis has led to foreclosure moratoriums at the regulatory, executive, and judicial level. Servicers should consider that compliance with these, regardless of level, may not protect them from later challenges to…more

Coronavirus/COVID-19, Fannie Mae, FHFA, Financial Institutions, Foreclosure

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Joan Levit

Landlord Tenant Issues In Bankruptcy Amid COVID-19

In the midst of the COVID-19 pandemic, many commercial landlords may be wondering whether they’ll receive their next rent payment as tenants struggle to make ends meet. Landlords and tenants alike should be prepared for a…more

Automatic Stay, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Warren Lewis

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

See all updates »

Mark Lichtenstein

Leisure Law Insider (Vol. 4) - Fall 2024

Welcome to the fourth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

363 Sales, Commercial Bankruptcy, Condominiums, Construction Project, Employees

See all updates »

Jason Lichtstein

The Environmental Perspective: U.S. Supreme Court Overturns Chevron in Landmark Decision and Limits Federal Agency Powers

In a much anticipated, landmark decision in Loper Bright Enterprises et al. v. Raimondo, the U.S. Supreme Court on June 28, 2024, overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

Marc Lieberstein

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

See all updates »

Lisa Lim

$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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John Linker

Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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Ross Linzer

COVID-19: Navigating The Heightened Risk Of Securities Litigation

Public companies are facing their newest and potentially inevitable challenge: the risk of securities litigation over the impact of the coronavirus (COVID-19). The recent market volatility driven by the viral outbreak –…more

Coronavirus/COVID-19, Infectious Diseases, Securities and Exchange Commission (SEC), Securities Litigation

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Sarah Lis

Can Employers Refuse to Hire Smokers?

Are smokers in a protected class? Can a company refuse to hire them? After all, studies have repeatedly shown that smokers have higher absenteeism, are less productive and carry higher healthcare costs than non-smokers…more

E-Cigarettes, Employment Policies, Hiring & Firing, Job Applicants, Off-Duty Employees

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Julia Lissner

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the…more

Copyright, Copyright Infringement, Copyright Registration, Intellectual Property Protection, Registration Requirement

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Mark Liu

Marijuana Tipping Point: California and Florida Open Opportunities With Passage of New Laws

Tuesday's election will be viewed as a turning point in the emergence of new economies centered around marijuana. Ballot initiatives around the country resulted in important changes in eight states. Four states legalized adult…more

Compassionate Use Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Andrew Loewenstein

Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

Americans with Disabilities Act (ADA), CVS, Employer Liability Issues, Essential Functions, Popular

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Robert Loewy

IRS Issues Guidance on the NOL Carryback Provisions of the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted March 27, 2020, amends the Internal Revenue Code (Code) and provides for the carryback of net operating losses arising in taxable years beginning on or…more

Business Taxes, CARES Act, Carryback Rules, Coronavirus/COVID-19, Net Operating Losses

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Valerie Lott

Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion Applies to Greenhouse Gases

In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases (GHG)…more

Climate Change, Commercial General Liability Policies, Greenhouse Gas Emissions, HI Supreme Court, Insurance Litigation

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Kazarae Lowe

Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Chelsy Lutz

What’s Next For Maryland’s Digital Advertising Tax?

Maryland’s controversial Digital Advertising Gross Revenues Tax (the “Digital Ad Tax”) recently shot back to the top of the headlines when Maryland Circuit Court Judge, Alison Asti, ruled from the bench that the tax is…more

Advertising, Commerce Clause, Constitutional Challenges, Digital Advertising Tax, First Amendment

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Lenora Lynham

CFPB Finalizes Open Banking (Section 1033) Rule

On October 22nd, the Consumer Financial Protection Bureau ("CFPB") issued its final open banking rule, which implements section 1033 of the Dodd Frank Act ("Final Rule"). The Final Rule requires data providers, which includes…more

Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management, Dodd-Frank

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Aliza Pescovitz Malouf

Explainer Things: Season 2 Episode 3

It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB. The…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Tamara Savin Malvin

Leisure Law Insider (Vol. 4) - Fall 2024

Welcome to the fourth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

363 Sales, Commercial Bankruptcy, Condominiums, Construction Project, Employees

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Sara Mandelbaum

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,…more

Counterfeit Goods Regulation, Discovery, Electronically Stored Information, Evidence, Injunctive Relief

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Joshua Mandell

Cannabis Industry Celebrates 2018 Election Results As Green Wave Continues To Sweep U.S.

While the two major political parties continue to assess their mixed results from the 2018 mid-term elections, the cannabis industry is in a decidedly celebratory mood as the map continues to turn green. Three states continued…more

Election Results, Marijuana, Medical Marijuana, State and Local Government, State Elections

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Thomas Mandler

Leisure Law Insider (Vol. 5) - Winter 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Antitrust Provisions, Artificial Intelligence, Employee Training, Employment Policies, Federal Trade Commission (FTC)

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Elsa Manzanares

Tariff Threats Could Send Manufacturers Country-Hopping

Just when moving manufacturing from China to Mexico seemed like an option, the threat of U.S. tariffs on Mexico emerged. Despite a reported agreement by Mexico and the Trump administration, the tariff threat admittedly remains…more

Customs and Border Protection, Free Trade Agreements, Generalized Scheme of Preferences, Imports, Mexico

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Cassidy Mara

Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

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Jason Margolin

Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work-Product Doctrine

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Mario Marin

CFPB Acting Director Uejio and FTC Acting Chairwoman Slaughter Issue Joint Statement on Preventing Illegal Evictions

On March 29, 2021, Consumer Financial Protection Bureau (CFPB) Acting Director Dave Uejio and Federal Trade Commission (FTC) Acting Chairwoman Rebecca Slaughter issued a joint statement regarding their agencies’ work to stop…more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Eviction, Failure To Pay, FDCPA

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LaKeisha Marsh

NCAA Settlement Moves Forward but Faces Obstacles Over Fairness and Roster Limits Before It’s Finalized

In October 2024, the proposed $2.8 billion NCAA House Settlement (the Settlement) for the breakthrough House v. NCAA litigation received preliminary approval from Judge Claudia Wilken for the Northern District of California…more

Antitrust Litigation, College Athletes, Compensation, Name and Likeness, NCAA

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Richard Martin

SEC Settles Charges Against Investment Firm that Failed to Adopt Cybersecurity Policies Before Data Breach

Recently, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, agreed to settle charges that it failed to establish the required cybersecurity policies and procedures before a data…more

Cybersecurity, Data Breach, Enforcement Actions, Investment Adviser, NIST

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Ildefonso Mas

Ecuador Ruling Marks Significant Step for Arbitral Certainty

On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW…more

Arbitration, Arbitration Awards, Dispute Resolution, Ecuador, Foreign Arbitral Awards

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Arturo Banegas Masia

Escalation On Venezuela Sanctions Program

On August 5, 2019, President Trump issued an Executive Order to further target and affect the Government of Venezuela led by Nicolás Maduro. The new Executive Order was followed by 12 amended general licenses and 13 new licenses…more

Asset Freeze, Economic Sanctions, Executive Orders, Foreign Relations, Office of Foreign Assets Control (OFAC)

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Li Massie

United States Court of International Trade Strikes Down Trump Tariffs, Limiting Presidential Power Under IEEPA

In a significant decision issued on May 28, 2025, the United States Court of International Trade ruled that certain wide-ranging tariffs imposed by President Donald Trump using the International Emergency Economic Powers Act…more

Appeals, Constitutional Challenges, Court of International Trade, International Emergency Economic Powers Act (IEEPA), International Trade

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Augusto Maxwell

Cuba Policy Under Biden: Change on the Horizon?

After four years of Trump Administration efforts to increase sanctions on Cuba and reverse Obama-era efforts to normalize bilateral ties, the Biden White House last Thursday announced its own plans to review Cuba policy and…more

Biden Administration, Cuba, Economic Sanctions, Foreign Policy, Regulatory Reform

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John McCaffrey

Trump Tax Bill Passes House: What Clean Energy Stakeholders Need to Know

Early yesterday morning, the House of Representatives passed President Donald Trump’s signature "One Big Beautiful Bill," largely aimed at extending the 2017 tax cuts, by a single vote (215-214). The bill includes huge cut-backs…more

Biden Administration, Clean Energy, Energy Policy, Energy Projects, Inflation Reduction Act (IRA)

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Jane McCahill

Medicare Fraud Strike Force Strikes Again – in a Big Way

The Medicare Fraud Strike Force initiated its largest ever healthcare enforcement action, charging 412 defendants in July 2017 with approximately $1.3 billion in fraudulent claims. The Strike Force consists of teams that include…more

False Billing, False Claims Act (FCA), Health Care Providers, Healthcare Facilities, Healthcare Fraud

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Amy Jeon McCullough

CMS Issues Additional Waivers and Guidance on Telehealth

To ensure Medicare beneficiaries have access to necessary care without risking exposure to COVID-19, the Centers for Medicare & Medicaid Services (CMS) has further expanded telehealth services and relaxed certain requirements…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Critical Access Hospitals, Eligibility Determination, Health Care Providers

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Rebecca McFadyen

Not All Smiles for McRO Even Though Federal Circuit Vacates Invalidity Based on Enablement

The Federal Circuit affirmed a California district court's judgment of noninfringement but vacated its judgment of invalidity for lack of enablement since the defendants' proposed non-enabling facial animation techniques did not…more

Animation, Intellectual Property Protection, McRo v Bandai Namco, Patent Infringement, Patent Litigation

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Ashleigh McKenzie

Discrimination Based on Hair and Hairstyles: Protected or Knot?

Cornrows or locs may not fit your corporate image, but be careful: state and local legislation prohibiting workplace grooming and appearance policies that adversely impact employees of color have begun popping up around the…more

Anti-Discrimination Policies, Best Practices, Dress Codes, Employee Rights, Employee Training

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Kristen McKinney

California’s GDPR? What The Golden State’s New Privacy Laws Mean For Your Business

Just over a month after the European Union’s General Data Protection Regulation (“GDPR”) went into effect, the State of California enacted a data privacy law, the scope and breadth of which rivals the GDPR. While the California…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Brad McPherson

Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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Carlos Méndez-Peñate

U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, Cuba, Cuban Assets Control Regulations (CACR), Economic Development, Entrepreneurs

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Carolyn Metnick

Recent OCR Settlements Remind Providers To Exercise Caution With Media And Entertainment Industry

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced three settlements arising out of the alleged impermissible disclosure of protected health information (PHI) during the production…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals, OCR

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Daniel Miktus

Tariff Troubles: Analyzing Construction Contracts in the Current Market

2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are…more

Construction Contracts, Construction Disputes, Construction Litigation, Contract Disputes, Contract Interpretation

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Brian Miller

Delaware Supreme Court Decision Creates New Paradigm for Derivative Claims

On September 23, the Delaware Supreme Court issued a decision replacing the long-standing Aronson test for demand futility and instead adopts and affirms a new universal Rales-like test applied below by Vice Chancellor Laster..…more

Board of Directors, Corporate Counsel, Corporate Misconduct, DE Supreme Court, Demand Futility

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Catherine Miller

The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Non-Exempt Employees

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Richard Milstein

U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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John Mitchell

Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic

Previously we reported on debtors’ appeals to bankruptcy courts’ general equitable powers for assistance in weathering the COVID-19-induced economic storm…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Tenants

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Adam Mocciolo

Preparing for the FY 2026 H-1B Cap Season

USCIS has announced that registration for this year’s H-1B visa lottery will take place between noon (ET) on March 7, 2025, and noon (ET) on March 24, 2025. With adjustments to fees, the selection process, and filing methods,…more

Employer Responsibilities, F-1 Visa, Filing Deadlines, Foreign Workers, H-1B

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Matthew Moedritzer

Updated Advanced Computing and Semiconductor Manufacturing Export Controls Take Effect

On October 17, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released two interim final rules (“IFRs”) that amended the Export Administration Regulations (“EAR”) to significantly expand export controls…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Comment Period, Export Administration Regulations (EAR), Export Controls

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Michael Molinaro

Lenders are Required to Investigate Suspicious Loan Transactions

The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel Management…more

Chapter 11, Commercial Bankruptcy, Due Diligence, Equitable Subrogation, Fraudulent Transfers

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Martin Monaco Jr.

Potential Implications to the ACA Under the Incoming Republican Administration – Part IV: Pharmacies

The Affordable Care Act (ACA), as a whole, did not have a significant impact on pharmacy services per se. However, a complete repeal would likely impact certain areas of pharmacy services including the drug benefit for the…more

Affordable Care Act, Drug Pricing, Health Care Providers, Health Insurance, Healthcare

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Michael Montgomery III

Passage Of Amendment To The FUTURE Act

On December 19, 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act was signed into law. This amendment extends Title III, Part F (also known as SAFRA) funds on a permanent basis for…more

Educational Institutions, Higher Education Act, Student Loans, Students

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Gregg Moran

Year-End Watch List: Possible Simplification to Employer Group Health Plan Reporting

2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA)…more

Affordable Care Act, Biden Administration, Employee Benefits, Employer Group Health Plans, Health Insurance

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Esther Moreno

SEC Expands Confidential Review Process for Draft Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “Commission”) announced updates to its confidential submission process for draft registration statements, broadening the scope of issuers eligible for non-public…more

Capital Markets, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K, Reporting Requirements

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Antonio Morin

Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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Kristen Morris

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the direction…more

Agribusiness, Biden Administration, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act

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John Morrison

Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them to Stay at Home

Employees in Chicago have been granted new protections if they must stay at home to comply with a state or local stay order or to care for someone under such an order under a new Chicago City Council ordinance enacted late last…more

Adverse Employment Action, Anti-Retaliation Provisions, Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing

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Celeste Moy

Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Kourtney Mulcahy

Trademark Protection And The Cannabis Sector

Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states where…more

Cannabidiol (CBD) oil, Controlled Substances Act, Intellectual Property Protection, Marijuana, Marijuana Related Businesses

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Paul Musser

Crypto Customers Lose Anonymity in Celsius Chapter 11

All crypto Celsius Network, LLC customers expecting and relying on anonymity should be concerned that their crypto transactions may become public. Recently, the Bankruptcy Court in the Celsius Network LLC chapter 11 case ordered…more

Bankruptcy Code, Bankruptcy Court, Blockchain, Chapter 11, Commercial Bankruptcy

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Michael Napoli

Purdue Pharma Foretells a Troubled Future for Bar Orders

In Harrington v. Purdue Pharma L.P., the Supreme Court held that the Bankruptcy Code does not authorize a bankruptcy court to grant a release and injunction that extinguishes direct claims against nondebtor third parties without…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

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John Neary

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly…more

Acquisitions, Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, Mergers

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Robyn Neely

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more quickly…more

ASTM, Brownfield Properties, CERCLA, Contaminated Properties, Environmental Assessments

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Paige Newman

Florida Has Made the Bold “CHOICE” to Bolster Enforceability of Non-Compete Agreements With a New Law Taking Effect This Summer

The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based…more

Contract Terms, Employee Rights, Employer Rights, Employment Contract, Florida

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Brian Noh

Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs…more

Crisis Management, Cyber Attacks, Data Breach, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Bran Noonan

New York City Employers Barred From Testing Prospective Employees For Marijuana Use

Beginning on May 10, 2020, absent specific exceptions, covered New York City employers will be prohibited from testing prospective job applicants for the presence of tetrahydrocannabinol (THC), the active ingredient in…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Marijuana

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Felicia Leborgne Nowels

United States Court of International Trade Strikes Down Trump Tariffs, Limiting Presidential Power Under IEEPA

In a significant decision issued on May 28, 2025, the United States Court of International Trade ruled that certain wide-ranging tariffs imposed by President Donald Trump using the International Emergency Economic Powers Act…more

Appeals, Constitutional Challenges, Court of International Trade, International Emergency Economic Powers Act (IEEPA), International Trade

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Brian Nugent

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that…more

Accrued Benefits, Employer Liability Issues, Former Employee, Paid Time Off (PTO), Regulatory Requirements

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Lori Nugent

Getting Ready For New York’s SHIELD Act

Recently, New York enacted the SHIELD (Stop Hacks and Improve Electronic Data Security) Act. The SHIELD Act becomes effective on March 21, 2020. This Practice Update provides a quick overview of: When the SHIELD Act…more

Cybersecurity, Data Breach, Data Protection, Data Security, Personally Identifiable Information

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Scot Patrick O'Brien

SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,…more

EB-5, Enforcement Actions, Foreign Investment, Green Cards, Ponzi Scheme

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Shane O'Connell

Mitigating the Effect of Event Cancellations During the COVID-19 Pandemic

Across the country concerts, conferences, sporting events, resorts and theme parks of all sizes are closed, postponed or cancelled as a result of the COVID-19 pandemic, and the cancellations are predicted to continue through at…more

Business Interruption, Contract Termination, Contract Terms, Coronavirus/COVID-19, Event Cancellation

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Erin O'Neal

Tread Carefully – DC Federal Judge Weakens Association Health Plan Regulation

A recent ruling by the United States District Court for the District of Columbia calls into question the recently expanded regulations allowing small employers to band together to establish Association Health Plans…more

Affordable Care Act, Association Health Plans, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Jason Oletsky

Delaware Court of Chancery Extends Oversight Obligations to Non-Director Corporate Officers

In former Chancellor Allen’s hallmark decision in In re Caremark International, Inc. Derivative Litigation, the Delaware Court of Chancery held that directors of a corporation owe stockholders the fiduciary duty of oversight…more

Board of Directors, Caremark claim, Corporate Officers, Derivative Suit, Duty of Oversight

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Eric Olson

Challenging New York City Real Property Taxes

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends…more

Property Owners, Property Tax, Property Valuation, Tax Assessment

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Lisa Orrantia

Permanent Outdoor Dining Is Coming to New York—Is Your Business Ready?

On August 16, 2023, Mayor Eric Adams signed Introduction No. 31-C to amend the New York City charter and administrative code to streamline the approval process to allow year-round sidewalk café dining and roadway café dining…more

City of New York, Department of Transportation (DOT), Licensing Rules, Restaurant Industry, Roads

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David Evan Otero

SCOTUS To Decide Who Gets A Consolidated Group’s Tax Refund When A Bankruptcy Intervenes?

The U.S. Supreme Court heard oral arguments on December 3, 2019 in Simon E. Rodriguez v. Federal Deposit Insurance Corp., 18-1269 (Sup. Ct.). At dispute in the case is whether a $4.1 million tax refund belongs to a failed bank…more

Bankruptcy Code, Commercial Bankruptcy, FDIC, Oral Argument, SCOTUS

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Melissa Overbeck

“Ok, Boomer” Not Okay in the Workplace

The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly gained…more

ADEA, Age Discrimination, Disparate Impact, Employer Liability Issues, Employment Policies

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Austin Ownbey

Antitrust Concerns About ESG Investing Are Not Going Away

For the last several years, investor activism to further environmental, social, and governance (ESG) goals has faced significant antitrust scrutiny in the United States. This scrutiny reached a new level in June 2024 when the…more

Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Asset Management, Congressional Investigations & Hearings

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Alejandro Pacheco

Federal Judge Strikes Down CDC's Eviction Moratorium

A federal judge for the District of Columbia issued a decision on May 5 striking down the Centers for Disease Control and Prevention's (CDC) nationwide eviction moratorium…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress, Housing Market

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Steven Paletz

California Wildfires: What Is the Lender’s Obligation to Release Insurance Proceeds for the Repair and Restoration of Real Property?

At this juncture, it is difficult to assess the breadth of damage and loss of life that has occurred as a result of the devastating fires in California. Based on initial reports, it is possible that entire communities have been…more

California, Insurance Claims, Insurance Industry, Lenders, Loans

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Palash Pandya

Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act), which amends the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief and Economic…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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David Parham

Crypto Customers Lose Anonymity in Celsius Chapter 11

All crypto Celsius Network, LLC customers expecting and relying on anonymity should be concerned that their crypto transactions may become public. Recently, the Bankruptcy Court in the Celsius Network LLC chapter 11 case ordered…more

Bankruptcy Code, Bankruptcy Court, Blockchain, Chapter 11, Commercial Bankruptcy

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Emily Patajo

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Ricky Patel

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

See all updates »

Douglas Paul

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

See all updates »

Gera Peoples

DOJ’s New Compliance Program Guidance Creates A New Dilemma For Companies

On April 30, 2019, the U.S. Justice Department’s Criminal Division issued new policy guidance to help prosecutors evaluate whether corporate compliance programs are effective. Many of the concepts are not new, but companies…more

Compliance, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

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Julia Padierna-Peralta

President Trump’s “America First Trade Policy” and Other Week One Trade Actions

On January 20, 2025, within a few hours of his return to the White House, U.S. President Donald Trump signed an “America First Trade Policy” memorandum, revealing the initial priorities of his trade agenda. Week one in the Oval…more

Anti-Dumping Duty, China, Countervailing Duties, Imports, International Trade

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Denise Gavica Perez

Employer Talent Acquisition & Retention Alert: U.S. Employers May Soon Lose Access to Critical Chinese Talent Under Emerging F-1 Student Visa and J-1 Exchange Visitor Visa Restrictions on Other International Talent

U.S. Secretary of State Marco Rubio recently announced a sweeping new directive: the United States will begin “aggressively” revoking visas of Chinese students, alleged to be in any way affiliated with the Chinese Communist…more

Department of Homeland Security (DHS), F-1 Visa, Foreign Nationals, Foreign Workers, Immigration Procedures

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Luis Perez

Ecuador Ruling Marks Significant Step for Arbitral Certainty

On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW…more

Arbitration, Arbitration Awards, Dispute Resolution, Ecuador, Foreign Arbitral Awards

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Rachel Perez

Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers…more

Filing Requirements, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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Richard Pinsky

$175 Million in State Subsidy Made Available in Florida FY 2015-2016 Budget for Affordable Housing

Recently, the State of Florida passed the FY 2015-2016 budget which contained an appropriation of $175 million for the Sadowski Housing Trust Fund. This budget line item provides affordable housing developers with additional…more

Affordable Housing, Apartments, Appropriations Bill, Florida, Homeless Issues

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Bruce Platt

The Florida Office of Insurance Regulation Amends the Application for Certificate of Authority for Health Maintenance Organizations

Applicants for a health maintenance organization (HMO) certificate of authority (COA) in Florida must use a new application form effective January 28, 2024. After rule development by the Florida Office of Insurance Regulation,…more

Certificate of Authority, Florida, Health Care Providers, Healthcare, HMOs

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Kevin Platt

President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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Alissa Pohlman

The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on…more

Antitrust Provisions, Copyright, Department of Justice (DOJ), Federal Trade Commission (FTC), Licensing Rules

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Steven Polivy

NYC Department of Finance Accepting FY 2025-2026 ICIP and ICAP Renewals Until January 5, 2025

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) and the Industrial Commercial Abatement Program (ICAP) must file a Certificate of…more

Deadlines, New York, NYDFS, Tax Planning

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Odette Ponce

United States Court of International Trade Strikes Down Trump Tariffs, Limiting Presidential Power Under IEEPA

In a significant decision issued on May 28, 2025, the United States Court of International Trade ruled that certain wide-ranging tariffs imposed by President Donald Trump using the International Emergency Economic Powers Act…more

Appeals, Constitutional Challenges, Court of International Trade, International Emergency Economic Powers Act (IEEPA), International Trade

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George Powell Jr., MAI

Florida Homestead Exemption Audits Are Big Business

Florida Property Appraisers, primarily in the populated coastal counties, are combing the nation for taxpayers availing themselves of any other resident related benefit in addition to their Florida Homestead Exemption. The…more

Appraisal, Florida, Homestead Exemption, Property Owners, Property Tax

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Heather Preston

Trump Tax Bill Passes House: What Clean Energy Stakeholders Need to Know

Early yesterday morning, the House of Representatives passed President Donald Trump’s signature "One Big Beautiful Bill," largely aimed at extending the 2017 tax cuts, by a single vote (215-214). The bill includes huge cut-backs…more

Biden Administration, Clean Energy, Energy Policy, Energy Projects, Inflation Reduction Act (IRA)

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Amy Price

ShoppersChoice: Federal Circuit Affirms Section 101 Rejection of Patent at Pleadings Stage – a Reminder for Patentees to Raise Issues of Fact at the Outset of Litigation

The Federal Circuit recently affirmed a U.S. district court’s holding at the pleadings stage that claims of a delivery notification patent were invalid under 35 U.S.C. § 101. The case is Electronic Commc’n Tech., LLC v…more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Patent Infringement, Patent Invalidity

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Stacey Prince-Troutman

Draft Legislation in U.S. House of Representatives Would Dramatically Alter Estate Planning Strategies

On September 10, 2021, the U.S. House Committee on Ways and Means released a draft of proposed legislation that, if enacted into law, would reduce the estate tax exemption and significantly limit the effectiveness of certain…more

Biden Administration, Estate Planning, Estate Tax, Estate-Tax Exemption, Grantor Trusts

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Jake Proudfoot

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that you…more

Adverse Employment Action, Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues

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Kathleen Prystowsky

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

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Elizabeth Puccio-Williams

Leisure Law Insider (Vol. 4) - Fall 2024

Welcome to the fourth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

363 Sales, Commercial Bankruptcy, Condominiums, Construction Project, Employees

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Brittany Puckett

Fifth Circuit Strikes Down SEC’s Private Fund Advisers Rule

On June 5, 2024, the Fifth U.S. Circuit Court of Appeals (the Fifth Circuit) ruled, in a unanimous 3-0 decision, to vacate the U.S. Securities and Exchange Commission’s (SEC) much maligned Private Fund Advisers; Documentation of…more

Investment Adviser, Investors, Private Funds, Securities and Exchange Commission (SEC), Securities Regulation

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Nicholas Purvis

The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, Fair Labor Standards Act (FLSA), Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Henry Raattama Jr.

Enhancements to Florida's Solicitation of Funds Law Now Effective - Charities Now Have Tighter Regulations

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture, Adam Putnam, worked with the Florida Legislature to enact material enhancements to Florida's…more

Charitable Donations, Charitable Organizations, Fundraisers, Nonprofits

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Brenda Radmacher

Cybersecurity and Privacy Risks for the Construction and Real Estate Industries

The construction industry has experienced an amazing evolution in recent years thanks to the rapid adoption of new technologies. While all of this new technology has the potential to make companies more productive and more…more

Construction Project, Cyber Attacks, Cybersecurity, Data Collection, Data Management

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Tara Raghavan

Leisure Law Insider (Vol. 6) - Spring 2025

Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and…more

Arbitration, Arbitrators, Business Litigation, Contract Disputes, Copyright Infringement

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Thomas Raleigh, III

Employee Visa Delays In Store for Employers

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly available…more

Department of Labor (DOL), H-1B, USCIS, Visas

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Thomas Range

The Florida Office of Insurance Regulation Amends the Application for Certificate of Authority for Health Maintenance Organizations

Applicants for a health maintenance organization (HMO) certificate of authority (COA) in Florida must use a new application form effective January 28, 2024. After rule development by the Florida Office of Insurance Regulation,…more

Certificate of Authority, Florida, Health Care Providers, Healthcare, HMOs

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Eric Rapkin

Retail Resilience: An Adaptation Nation

We are an adaptation nation. Embracing change to remain relevant has long been the mantra of savvy business owners and managers. Since the dawn of dial-up internet, retailers have struggled to keep pace with the evolving mores…more

Commercial Leases, Commercial Tenants, Landlords, Retail Market, Retailers

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Joseph Rebak

Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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Jerry Reichelscheimer

Retail Resilience: An Adaptation Nation

We are an adaptation nation. Embracing change to remain relevant has long been the mantra of savvy business owners and managers. Since the dawn of dial-up internet, retailers have struggled to keep pace with the evolving mores…more

Commercial Leases, Commercial Tenants, Landlords, Retail Market, Retailers

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Gideon Reitblat

Assessing Potential Insurance Claims And Disputes Stemming From Coronavirus

One of the likely results of the COVID-19 (coronavirus) pandemic will be attempts to seek recovery for the mounting losses suffered by individuals and businesses as a result of the medical and economic consequences of the spread…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases

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Amanda Rementeria

SEC Expands Confidential Review Process for Draft Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “Commission”) announced updates to its confidential submission process for draft registration statements, broadening the scope of issuers eligible for non-public…more

Capital Markets, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K, Reporting Requirements

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Nora Rigby

Explainer Things: Season 2 Episode 3

It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB. The…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Joshua Rinesmith

New York’s 421-a (16) Program Extension

To address the ongoing need for affordable housing in New York, Governor Hochul and the state legislature have passed additional incentives to spur affordable housing development…more

Affordable Housing, Construction Project, Economic Development, Housing Developers, New York

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Kimberly Rivera

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under…more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Mauricio Rivero

Update: IRS Provides Relief for U.S. and Non-U.S. National Non-Residents with Substantial Presence Due to the Coronavirus

With the restrictions on travel both into and out of the U.S. as a result of the rapid spread of the coronavirus (COVID-19) pandemic, non-U.S. or non-resident individuals (NRA) have been forced to spend a significantly greater…more

Coronavirus/COVID-19, Foreign Nationals, Income Taxes, IRS, Non-Resident Aliens

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Ayman Rizkalla

SafeCo No More: The Changing Landscape of Scienter under the False Claims Act

Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a law, regulation, or rule to negate the scienter element of the FCA. In United…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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John Roache

Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on…more

#MeToo, Anti-Discrimination Policies, Artificial Intelligence, Cannabis Products, Casinos

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Ellen Robbins

EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Jonathan Robbins

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the direction…more

Agribusiness, Biden Administration, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act

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Amber Roberts

Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage. Among…more

Abortion, Compensation & Benefits, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Susan Robin

Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Andrew Robins

Hotel Closures Due to COVID-19: What to Consider

The hospitality industry is being devastated by the impact of the coronavirus outbreak. As social distancing is becoming the new normal, airlines cancel flights and state and local governments impose travel restrictions and…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Franchise Agreements

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Jackie Robinson

Copyright Law Enters The Digital Age: The Music Modernization Act Is Signed Into Law

The Copyright Law of the United States (the Copyright Law) has been in need of significant revisions to reflect the importance of digital delivery and consumption of music since the turn of the century. Indeed, digital streaming…more

Copyright, IP License, Music, Music Industry, Music Modernization Act

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Lawrence Rochefort

The Coronavirus And Force Majeure Clauses In Contracts

Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to…more

Affirmative Defenses, Breach of Contract, Commercial Contracts, Contract Terms, Coronavirus/COVID-19

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Ayelén Rodriguez

The Do’s and Don’ts of Internships

It’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have interest…more

Department of Labor (DOL), Employee Benefits, Employer Responsibilities, Employment Policies, Fair Labor Standards Act (FLSA)

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Francisco Rodriguez

A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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Marisa Rodriguez

CMS Postpones Pre-Claim Review Demonstration for Home Health Services

The Centers for Medicare & Medicaid Services (CMS) announced that it would postpone the initiation of the CMS Pre-Claim Review Demonstration for Home Health Services (the “Demonstration”) in Florida, which was scheduled to begin…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Home Health Care, Home Healthcare Workers

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David Rosen

IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

Individual Retirement Account (IRA), IRA Rollovers, Non-Taxable Income

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Sheryl Rosen

Physicians: Beware of FTC Rules for Product Endorsements

It has become increasingly common for physicians and other healthcare professionals to share medical information with the public via video platforms, blogs, and social media sites…more

Disclosure Requirements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Medical Devices, Online Advertisements

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Larry Ross II

Staff Guidance For Conducting Annual Meetings In Light Of COVID-19 Concerns

In connection with the spread of the coronavirus disease 2019 (COVID-19) and the impact on health, transportation and other logistical issues, the staff of the Division of Corporation Finance and the Division of Investment…more

Board Meetings, Coronavirus/COVID-19, Publicly-Traded Companies, Securities and Exchange Commission (SEC), Shareholder Meetings

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Wendy Rossi

Extension Of Four Valuable As-of-Right Incentive Programs Included In New York State's Omnibus Bill

The State's new omnibus bill renewed and extended programs that abate real estate taxes, city corporate taxes, and sales taxes, and provide energy discounts to qualified applicants. Developers and businesses with new…more

Economic Development, Real Estate Market, Sales Tax, State and Local Government, State Taxes

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Carl Roston

Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

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Rachel Rudensky

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from using…more

Advertising, Arrangement and Promotion, Contract Terms, Employment Contract, Fashion Branding

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Christina Russo

SEC Expands Confidential Review Process for Draft Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “Commission”) announced updates to its confidential submission process for draft registration statements, broadening the scope of issuers eligible for non-public…more

Capital Markets, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K, Reporting Requirements

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Paul Russo

Illinois Provides Additional COVID Protections Against Residential Evictions

Since early March, all of Illinois has been under a gubernatorial disaster declaration; but while essential and non-essential business restrictions have waxed and waned per a variety of metrics, there has been an everlasting…more

Coronavirus/COVID-19, Eviction, Financial Distress, Infectious Diseases, Landlords

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Paul Rutigliano

Not So Fast: DOL Pauses Aspects of FLSA Tip Regulations Final Rule

Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the…more

Biden Administration, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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Ira Sacks

The Supreme Court Limits the Extraterritorial Application of the Lanham Act

On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Protection, Lanham Act, SCOTUS

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Rukayat Salaam

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Peter Salomon

Tax Reform: New Law Delivers A Bundle Of Executive Compensation And Employee Benefits Changes For The Holidays

Signed into law by President Trump on December 22, the final version of the tax reform bill (the “Act”) is not as far-reaching on executive compensation as the earlier version we previewed. However, the Act makes several…more

Affordable Care Act, Compensation & Benefits, Excise Tax, Executive Compensation, Individual Mandate

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Mary Samsa

United States Department of Labor Expands Electronic Delivery Rules for Retirement Plans

The United States Department of Labor (DOL) finalized a new safe harbor rule for the use of electronic media to furnish information to participants and beneficiaries of employee retirement plans subject to the Employee…more

Department of Labor (DOL), Disclosure Requirements, Electronic Communications, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Ashley Sawyer

2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation

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Anthony Sbardellati

The Implications of Anticipated Amendments to PAGA for Staffing Companies

On Friday evening, the text of anticipated amendments to the Private Attorneys General Act (PAGA) became available from the California legislature. The bills — one from the Senate and one from the Assembly — would together amend…more

California, Labor Code, Penalties, Private Attorneys General Act (PAGA), Proposed Legislation

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Joseph Sbarro

New York City Council Approves the “Atlantic Avenue Mixed-Use Plan”city=o

The New York City Council approved the Atlantic Avenue Mixed-Use Plan (AAMUP) on May 28, 2025. This initiative represents a significant rezoning aimed at transforming a key corridor in Central Brooklyn, which has been zoned for…more

Affordable Housing, City Councils, City of New York, City Planning Departments, Housing Market

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Kiki Scarff

SEC’s Latest Marketing Rule Guidance: Key Takeaways for Advisers

On March 19, 2025, the Securities and Exchange Commission’s (SEC) Division of Investment Management updated its Marketing Compliance Frequently Asked Questions (FAQ) to address industry confusion that has arisen in the wake of…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing

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Jaclyn Scarinci

City of Yes Updates: HPD's New Universal Affordability Preference (UAP) Application Now Available

The New York City Department of Housing Preservation and Development (HPD) released the City's new Universal Affordability Preference (UAP) Application. The program requirements and process for the new UAP program are very…more

Affordable Housing, Building Permits, City Councils, Housing Developers, New Legislation

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Adrienne Scheffey

Pay Transparency Requirements on the Rise

Across the country, many states have enacted Equal Pay laws which require employers to comply with a variety of requirements, typically including limits on inquiries about prior salaries and the permissible rationale for pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Labor Regulations, Pay Equity Laws

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Matthew Schroeder

EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Michelle Schulz

Tariff Threats Could Send Manufacturers Country-Hopping

Just when moving manufacturing from China to Mexico seemed like an option, the threat of U.S. tariffs on Mexico emerged. Despite a reported agreement by Mexico and the Trump administration, the tariff threat admittedly remains…more

Customs and Border Protection, Free Trade Agreements, Generalized Scheme of Preferences, Imports, Mexico

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Andrew Schwartz

New Year Ushers In Extensive Changes To Florida Business Corporation Act

During the 2019 legislative session, the Florida legislature adopted major changes to the Florida Business Corporation Act (the FBCA). The revised act (designated CS/CS/HB 1009) was unanimously passed by the Florida House of…more

Delaware General Corporation Law, Limited Liability Company (LLC), State and Local Government

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Philip Schwartz

New Year Ushers In Extensive Changes To Florida Business Corporation Act

During the 2019 legislative session, the Florida legislature adopted major changes to the Florida Business Corporation Act (the FBCA). The revised act (designated CS/CS/HB 1009) was unanimously passed by the Florida House of…more

Delaware General Corporation Law, Limited Liability Company (LLC), State and Local Government

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Tracy Segal

New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Sasha Segall

Expanding Rights for Breastfeeding Mothers

On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country…more

Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies, New Legislation

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Timothy Sendek

Navigating IPRs and other AIA Reviews as Power Shifts to the USPTO Director

America Invents Act Reviews, or "AIA Reviews" are administrative proceedings which can be used to seek the invalidity of a U.S. Patent. After their creation in 2011, AIA reviews have become an important component of patent…more

Administrative Proceedings, America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, USPTO

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William Sentell

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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James Severs

Fifth Circuit Strikes Down SEC’s Private Fund Advisers Rule

On June 5, 2024, the Fifth U.S. Circuit Court of Appeals (the Fifth Circuit) ruled, in a unanimous 3-0 decision, to vacate the U.S. Securities and Exchange Commission’s (SEC) much maligned Private Fund Advisers; Documentation of…more

Investment Adviser, Investors, Private Funds, Securities and Exchange Commission (SEC), Securities Regulation

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Kathleen Shannon

Carrots and Sticks: DOJ Announces Policy Shift on Corporate Crime

On September 15, Deputy Assistant General of the United States ("DAG") Lisa Monaco announced new U.S. Department of Justice ("DOJ") policy changes during a speech on corporate criminal enforcement at New York University Law…more

Cooperative Compliance Regime, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Federal Jurisdiction

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Sommer Sharpe

NCAA Settlement Moves Forward but Faces Obstacles Over Fairness and Roster Limits Before It’s Finalized

In October 2024, the proposed $2.8 billion NCAA House Settlement (the Settlement) for the breakthrough House v. NCAA litigation received preliminary approval from Judge Claudia Wilken for the Northern District of California…more

Antitrust Litigation, College Athletes, Compensation, Name and Likeness, NCAA

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Sirui Sherry Xia

CFPB Finalizes COVID-19 Amendments Regarding Foreclosure Protections for Borrowers

On June 28, 2021, the Consumer Financial Protection Bureau (CFPB) issued a final rule to amend the mortgage servicing rules in Regulation X, which implements the Real Estate Settlement Procedures Act, to provide additional…more

Borrower Protection Programs, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Delinquent Borrowers

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Christopher John Shin

Tread Carefully – DC Federal Judge Weakens Association Health Plan Regulation

A recent ruling by the United States District Court for the District of Columbia calls into question the recently expanded regulations allowing small employers to band together to establish Association Health Plans…more

Affordable Care Act, Association Health Plans, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Kevin Shortsle

Disclosure-Dedication Doctrine Sinks Doctrine of Equivalents Infringement Claim at Pleadings Stage

The Federal Circuit affirmed the U.S. District Court for District of Delaware's judgment of noninfringement agreeing the case could be dismissed at the pleadings stage because the disclosure-dedication doctrine barred…more

Dedication-Disclosure Defense, Doctrine of Equivalents, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Jamie Shyman

FTC Acts Against Warner Bros.' YouTube Promotion Campaign

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (Warner Bros.) for the company’s misleading use of social media…more

Federal Trade Commission (FTC), FTC Act, Native Advertising, Section 5, Social Media

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S. Montaye Sigmon

Biden Administration Signals MHPAEA Enforcement a Priority with Fiscal 2023 Budget

The Biden Administration’s proposed budget for fiscal year 2023 serves as a warning to all plan issuers and administrators that enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) is a top priority for the…more

Biden Administration, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Enforcement Actions

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Scott Silverman

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

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Robert Slavkin

Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law

The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete agreements:…more

Employees, Florida, Health Care Providers, Healthcare, Independent Contractors

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Sarah Campbell Smith

Florida Doubles Brownfield Cleanup And Redevelopment Tax Credits & Adds Innovative Tools For Site Cleanups

Innovative Florida environmental site cleanup and Brownfield programs received a boost as the 2017 regular session of the Florida Legislature concluded. Yesterday, Governor Scott signed into law a measure designed to add…more

Brownfield Properties, Florida, Income Taxes, State and Local Government, Tax Credits

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Andrew Smulian

The Case For CASA

A movement. That’s how National CASA Association’s Leah Hausman describes the work her organization does. As national resource development officer for CASA (Court Appointed Special Advocates), she knows firsthand the importance…more

Foster Children, Students

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Nancy Sotomayor

What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations

Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations,…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Peter Spanos

New Unemployment Obligations for Georgia Employers

Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers…more

Coronavirus/COVID-19, Emergency Rule, Furloughs, Layoffs, State and Local Government

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Amanda Spector

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly…more

Acquisitions, Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, Mergers

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David Spector

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

Department of Labor (DOL), Employee Handbooks, Employment Discrimination, Fair Labor Standards Act (FLSA), Hiring & Firing

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Richard Spees

American Rescue Plan Act of 2021: Funding for State and Local Government

The American Rescue Plan Act of 2021 (the Rescue Plan) included significant funds for States, local, and tribal governments. These include both direct funding from the U.S. Department of Treasury (Treasury) and program monies…more

American Rescue Plan Act of 2021, Biden Administration, Broadband, Coronavirus/COVID-19, Critical Infrastructure Sectors

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William Spratt Jr.

SCOTUS May Resolve Circuit Split on the Specificity Required of False Claims Act Claims: Relief or More FCA Grief for Providers?

Currently, providers have different risks of potential False Claims Act (“FCA”) liability depending on where they are geographically located due to the difference in the standards required by the U.S. Courts of Appeals regarding…more

Burden of Proof, Criminal Liability, False Claims Act (FCA), Health Care Providers, Healthcare

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Philip Sprinkle, II

Hospitals Take Heed: Gradual Evolution of the IRS’ Position on Tax Exemption

There has been much fanfare, but little discussion, among healthcare experts in the United States regarding the Internal Revenue Service recently published PLR 201731014. The Letter Ruling provides a good opportunity to review…more

Charitable Organizations, Form 990, Health Care Providers, Healthcare Facilities, Hospitals

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Ten Stallings

NYC’s Pet-Pawsitive Proposal: Paid Sick Leave for Pets Could Be Coming Soon

In recent years, there has been a growing shift in mindset for pet owners that consider animals to be essential to their well-being and integral to their home life. In fact, one ASPCA survey reported that, in the early stages of…more

Employees, Employment Policies, Mental Health, New York, Paid Sick Leave

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Glen Stankee

New Eighth Circuit Decision Benefits Tribal Tax Codes

Tribal Tax Codes are typically designed to impose tax on only those on-reservation transactions that the state is constitutionally prohibited from taxing. That way, a nonmember customer is not subjected to both tribal and state…more

Indian Gaming, Native American Issues, Tax Code

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Ira Stechel

Treasury And IRS Issue Final Opportunity Zone Tax Regulations

On December 19, 2019, the Treasury and the IRS fulfilled their promise to issue final regulations by year-end that provide guidance on Qualified Opportunity Zone (QOZ) investments. These regulations (the Final Regulations),…more

Capital Gains, IRS, Opportunity Zones, QOZBP, Qualified Opportunity Funds

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Matthew Steinberg

Dos Toros - Maintaining Culture While Scaling (and Having Fun)

Dos Toros - Maintaining Culture While Scaling (and Having Fun) Matt Steinberg welcomes Dos Toros’ Chief Human Resources Officer Aleta Maxwell to discuss the rapidly expanding “fast casual” restaurant’s employee-first culture,…more

Corporate Culture, Employee Engagement, Employee Training, Employer Liability Issues, Hospitality Industry

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Elliot Strader

Is PFAS The New Asbestos?

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) refer to a family of thousands of man-made chemicals — the most common being PFOA, PFOS, and GenX — that are heat-, water-, grease-, and oil-resistant. Because of these…more

Contamination, Drinking Water, Groundwater, Hazardous Substances, PFAS

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Bill Sullivan

President Biden Signs the Inflation Reduction Act into Law

On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (H.R. 5376) (the IRA) into law. The key provisions that may affect the private equity sector and corporations include..…more

Alternative Minimum Tax, Biden Administration, Corporate Taxes, Excise Tax, Inflation Reduction Act (IRA)

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Naim Surgeon

Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can…more

EB-5, Foreign Investment, Fraud, Immigrants, Investors

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R. Adam Swick

Silicon Valley Bank Cayman Branch Denied Chapter 15 Recognition

According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition. The case before Chief Judge Glenn, In re…more

Bankruptcy Code, Bankruptcy Court, Cayman Islands, Chapter 15, Commercial Bankruptcy

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Laura Taveras

Silicon Valley Bank Cayman Branch Denied Chapter 15 Recognition

According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition. The case before Chief Judge Glenn, In re…more

Bankruptcy Code, Bankruptcy Court, Cayman Islands, Chapter 15, Commercial Bankruptcy

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Mishell Parreno Taylor

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Madison Thibeaux-Brown

SBA Franchise Directory Returns June 2025 with New Certification Rules

The U.S. Small Business Administration confirmed this week that it will reinstate the SBA Franchise Directory on June 1, 2025, reversing the 2023 decision to sunset the program. The Directory has long been the primary reference…more

Business Ownership, Filing Deadlines, Filing Requirements, Financial Institutions, Franchises

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Darcie Thompson

Protecting High-Net-Worth Individuals from Fraud

With new fraudulent schemes devised and perpetrated against individuals and businesses on a daily basis, the Association of Certified Fraud Examiners created International Fraud Awareness Week, running from November 13-19, 2016,…more

Fraud, Investment, Investors, Securities Fraud, Social Networks

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John Thompson

Courts Approve Alternative Service Via Twitter and Blockchain in Cryptocurrency Cases

Recent decisions permitting service of documents via social media and blockchain technology illustrate how the courts are fashioning solutions to address the unique and logistical challenges of identifying and serving anonymous…more

Bankruptcy Court, Blockchain, Chapter 15, Commercial Bankruptcy, CPLR

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Ashlee Tising

Comprehensive Tort Reforms Signed into Florida Law

Comprehensive tort reform legislation was passed by the Florida Legislature on Thursday, March 23, 2023. By noon Friday, March 24, 2023, Governor Ron DeSantis signed the legislation, which was one of his pre-session priorities,…more

Florida, Insurance Reform, Insurance Regulations, Lodestar Method, New Legislation

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Leslie Miller Tomczak

Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in various…more

Construction Project, Florida, Hurricane Season, Infrastructure, Labor Shortage

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Melissa Torres

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow…more

Confidential Information, Employment Contract, Espionage, Florida, Intellectual Property Protection

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Madison Torry

EPA Establishes First-Ever Drinking Water Standards for PFAS (Forever Chemicals)

On April 10, 2024, the Biden administration set the first-ever national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a large class of thousands of synthetic long-lasting…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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C. Charles Townsend

Current Summary of States Permitting Remote Notarization

States are rapidly adapting to social distancing in their approaches to remote notarization. The below chart tracks the steps, special conditions, and considerations on a state-by-state basis. The chart lists states…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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Darren Traub

The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Jessica Travers

Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where…more

Coronavirus/COVID-19, Employer Liability Issues, Health & Safety Standard, Infectious Diseases, Inspection Rights

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Ed Turanchik

Water as a Highway: Back to the Future

Florida's economic prosperity is integrally and intimately tied to water and water resources. Nearly two-thirds of our population is clustered in major urban areas situated on the Atlantic Ocean or Gulf of Mexico. Most of…more

Greenhouse Gas Emissions, Inland Waterways, Public Private Partnerships (P3s), Vessels

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Hugh Turner Jr.

Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which…more

Causation, Consumer Expectations Test, Design Defects, FL Supreme Court, Strict Liability

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Genaira Tyce

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were once…more

Colleges, Educational Institutions, Employer Liability Issues, Labor Reform, Labor Relations

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Corina Valderrama

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Chelsea D.B. Valente

Explainer Things: Episode 9

Fall is finally in the air as temperatures drop (in some parts of the country, at least) and football season is in full swing. We’ve previously avoided writing about football because our Explainer Things cast can’t agree on…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Credit Reports, Cryptocurrency

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Alejandro García-Villalpando

New Reporting Requirements For Foreign-Owned Disregarded Entities Have Taken Effect

The final regulations enacted in late 2016 that impose new reporting requirements on foreign-owned disregarded entities have now taken effect, bringing changes that will add significant complexity for many taxpayers this tax…more

Disregarded Entities, Filing Requirements, Foreign-Owned Corporations, Income Taxes, IRS

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D'juro Villaran-Rokovich

NYC Department of Finance Accepting FY 2025-2026 ICIP and ICAP Renewals Until January 5, 2025

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) and the Industrial Commercial Abatement Program (ICAP) must file a Certificate of…more

Deadlines, New York, NYDFS, Tax Planning

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Nikolas Volosin

The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration

On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act (FAA), 9 U.S.C. § 3, divests federal district courts of any discretion to dismiss arbitrable claims that are compelled…more

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

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George Volsky

New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

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Wayne Wald

SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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Shayla Waldon

The Human Touch of Web Accessibility

Automation is the way of the future . . . or so we thought. Make no mistake, the technology at our fingertips is powerful. As we increasingly rely on it, we lose human interaction and that presents its own risks. Even in the…more

Americans with Disabilities Act (ADA), Automated Systems, Disability Discrimination, Proficiency Testing, Public Accommodation

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Alaina Wallace

Draft Legislation in U.S. House of Representatives Would Dramatically Alter Estate Planning Strategies

On September 10, 2021, the U.S. House Committee on Ways and Means released a draft of proposed legislation that, if enacted into law, would reduce the estate tax exemption and significantly limit the effectiveness of certain…more

Biden Administration, Estate Planning, Estate Tax, Estate-Tax Exemption, Grantor Trusts

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Phillip Walters

Thanks for Your Opinion, But We’ve Got This: SCOTUS Eliminates Long-Standing Deference to Federal Agency Statutory Interpretation

Based upon a recent ruling by the U.S. Supreme Court, federal regulatory agencies are no longer entitled to deference as to their interpretation of a statute that is ambiguous, and federal courts are now compelled to exercise…more

Administrative Procedure Act, Administrative Proceedings, Chevron Deference, Chevron v NRDC, Corner Post Inc v Board of Governors of the Federal Reserve System

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Sarah Wang

SPAC Mergers in the SEC’s Crosshairs? Recent Enforcement Activity Highlights Increased SPAC Merger Risk

The past few weeks have seen a turn of events for companies involved with Special Purpose Acquisition Company (SPAC) vehicles. First, the Securities and Exchange Commission (SEC) announced civil administrative charges against a…more

Corporate Counsel, Enforcement Actions, Initial Public Offering (IPO), Investment, Misrepresentation

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Bree Ward

SEC Intensifies Focus on ESG Disclosures and Policies, Practices, and Procedures

On March 3, 2021, the Securities and Exchange Commission’s (the SEC) Division of Examinations (the Division) announced its Examination Priorities for 2021, which included an enhanced focus on climate-related risks…more

Business Strategies, Capital Investments, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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William Weiner

New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the data…more

Breach Notification Rule, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach

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Sidney Welch

U.S. Department of Justice Withdraws Longstanding Healthcare Antitrust Policy Statements, Causing Uncertainty

It has already been a busy 2023 for the U.S. antitrust enforcement agencies. Right on the heels of the Federal Trade Commission’s announcement of a proposed rule that potentially would ban non-compete agreements nationally, on…more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Steven Wernick

Substantial Income Tax Benefits Await Real Estate Investors In Florida’s Qualified Opportunity Zones

On June 14, 2018, the U.S. Treasury Department and the Internal Revenue Service announced the final round of census tracts in low-income communities in the State of Florida which are designated as “qualified opportunity zones”…more

Florida, Income Taxes, Investors, IRS, Low-Income Issues

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Samuel Wesley

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee rooms…more

Bad Faith, Bodily Injury, Car Accident, Georgia, Insurance Industry

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Kenneth Wiggins

CARES Act Considerations for Small and Mid-Size Trade Contractors

CARES Act Objectives - The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was signed into law on March 27, 2020, with the intent of helping American individuals and businesses navigate the crisis caused by…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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J. Everett Wilson

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, Department of Labor (DOL), Home Health Agencies, Home Health Care, Home Healthcare Workers

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Steven Wirth

Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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M. Adil Yaqoob

Navigating Use of Generative AI at Work: Best Practices and Legal Considerations

In today’s fast-evolving digital landscape, generative artificial intelligence (AI) has become a powerful tool that employees increasingly rely on for a variety of tasks. From drafting emails and producing reports to generating…more

Artificial Intelligence, Data Privacy, Data Protection, Employee Monitoring, Employer Liability Issues

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Joseph Yoon

FHFA Extends Certain COVID-Related Loan Flexibilities

On April 21, 2021, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac will extend certain loan origination flexibilities, including alternative appraisals on purchase and rate-term refinance…more

Borrowers, Coronavirus/COVID-19, Fannie Mae, FHFA, Financial Services Industry

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Beth Zafonte

NYC Department of Finance Accepting FY 2025-2026 ICIP and ICAP Renewals Until January 5, 2025

The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) and the Industrial Commercial Abatement Program (ICAP) must file a Certificate of…more

Deadlines, New York, NYDFS, Tax Planning

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Melissa Zinkil

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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James Zirkle

FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Advertising, Food and Drug Administration (FDA), Marketing, Medical Devices, Pharmaceutical Industry

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