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Publications Events About Authors Awards

Hadeel M. Abouhasira

Not Selected in the H-1B Cap Lottery? There Are Other Immigration Options to Consider

U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of available… more

E-3, Employee Transfers, Foreign Workers, Green Cards, H-1B

See all updates »

Diego Mauricio Acevedo

Congreso de la República de Colombia aprueba en último debate reforma laboral

La Plenaria del Senado de Colombia el 17 de junio de 2025, aprobó en cuarto debate el proyecto de reforma laboral. La iniciativa pasará ahora a etapa de conciliación y aprobación final en ambas cámaras antes del 20 de junio de… more

Apprenticeships, Colombia, Contract Term, Contract Terms, Discipline

See all updates »

Nathan Adams IV

Enhanced Noncompetition Bill Becomes Law in Florida

The Biden Administration and several states have sought to limit non-compete agreements in recent years as restraints on trade. Florida has long been more accepting of them and has just moved further into this camp. The Florida… more

Employer Responsibilities, Employment Contract, Garden Leave, Governor DeSantis, New Legislation

See all updates »

Sophia Agathis

BIMCO's New USTR Clause for Time Charter Parties 2025: Key Takeaways for Owners and Charterers

The Baltic and International Maritime Council (BIMCO) on July 22, 2025, published a standard clause for time charter parties to address contractual uncertainties arising from the U.S. Trade Representative's (USTR) recent actions… more

Charter, China, Contract Terms, Fees, International Maritime Organization (IMO)

See all updates »

Rachel Agius

Supreme Court Ruling Eases Path for ERISA Prohibited Transaction Claims

The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement… more

Affirmative Defenses, Appeals, Article III, Cost-Shifting, Cunningham v Cornell University

See all updates »

Paul Aguggia

FDIC Proposes Significant Revisions to Brokered Deposit Regulations

The Federal Deposit Insurance Corporation (FDIC) announced a proposed rule that would revise brokered deposit regulations promulgated under Section 29 of the Federal Deposit Insurance Act… more

Asset Management, Broker-Dealer, Brokered Deposits, Comment Period, Depository Institutions

See all updates »

Ashley Akers

Importers Beware: Signals Point to Significant Enforcement Risks for Tariff Evasion

As importers await outcomes from the Trump Administration's trade negotiations, a series of newly imposed tariffs continues to impact a broad spectrum of imported products and related supply chains. Businesses are currently… more

Customs, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

See all updates »

Roger Aksamit

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

See all updates »

Sergio Alejandro Alayon

Podcast - Colaborar por contrato... sí funciona

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Sergio Alayon sobre los contratos de colaboración empresarial, una modalidad muy vigente para hacer negocios sin necesidad de constituir una… more

Business Entities, Business Ownership, Colombia, Contract Terms, Partnerships

See all updates »

Dawn Rudenko Albert

Red Flags Over Red 40: Heightened Regulatory Scrutiny on Use of Artificial Food Dyes

The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments, most… more

Advertising, Class Action, Consumer Protection Laws, False Advertising, Food and Drug Administration (FDA)

See all updates »

Sydney Alexander

Florida Legislature Clarifies FCCPA to Allow Overnight Email Contact with Debtors

The Florida Legislature unanimously approved Senate Bill (SB) 232 on April 29, 2025, to update and clarify the Florida Consumer Collections Practices Act (FCCPA) by removing email communications from the list of prohibited… more

Class Action, Consumer Lenders, Consumer Protection Laws, Debt Collection, Email

See all updates »

Linda Auerbach Allderdice

The Trump Administration's Impact on Independent Transportation Contractors

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act (FLSA)… more

Commercial Truck Drivers, Department of Labor (DOL), Economic Realities Test, Employment Litigation, Fair Labor Standards Act (FLSA)

See all updates »

Benjamin Allen

The Potential Impact of the Loper Bright Decision on the NTSB

The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered… more

Administrative Procedure Act, Chevron Deference, Department of Transportation (DOT), Government Agencies, Loper Bright Enterprises v Raimondo

See all updates »

Jose Almanzar

Pennsylvania DEP Accepting Applications for $320M RISE PA Program

With a total funding of $396 million, the Reducing Industrial Sector Emissions in Pennsylvania (RISE PA) Program's goal is to significantly reduce greenhouse gas (GHG) emissions and co-pollutants from Pennsylvania's industrial… more

Carbon Capture and Sequestration, Department of Environmental Protection, Energy Efficiency, Energy Projects, Energy Sector

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Eric Almon

Delaware Federal Court Dismisses Say-on-Pay Complaint

In a recent opinion, the United States District Court for the District of Delaware dismissed a derivative complaint brought as a result of a negative shareholder advisory vote on executive compensation. The court found that the… more

Derivative Suit, Dodd-Frank, Executive Compensation, Say-on-Pay, Shareholder Votes

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Tahany Alsabahi

Excessive Fee Cases: Not Just for Retirement Plans Anymore

A recent wave of cases has attempted to apply the theory of liability for retirement plan excessive fee cases to health plans – specifically, arrangements with pharmacy benefit managers. Though the cases thus far have been… more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Excessive Fees

See all updates »

Ari Alvarez

Federal Departments Jointly Extend Employee Benefit Timeframes for COVID-19 Outbreak

The U.S. Department of Labor and the U.S. Department of the Treasury , in consultation with the U.S. Department of Health and Human Services, issued new final rules that, effective March 1, 2020, extend various timeframes… more

COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Nicole Alvarez

Company Directors Plead Guilty to Conspiracy to Steal Trade Secrets

A district court in the Northern District of California recently accepted a guilty plea by a company's former CEO and COO for conspiracy to steal trade secrets and commit wire fraud. While rival companies regularly are sued… more

Civil Conspiracy, Criminal Prosecution, Indictments, Innovative Technology, Theft

See all updates »

Christine Anchia Crousillat

Tips for the Retail Leasing Lawyer to Minimize Environmental Liability Risk

Retail leasing attorneys face particular challenges when it comes to managing environmental liability, in large part because of the misconception that prospective commercial tenants cannot be held legally responsible for… more

CERCLA, Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants, Contaminated Properties

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Leif Anderson

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

See all updates »

Nancy Anderson

New Admissions Data Reporting Requirements for Higher Education Institutions

The U.S. Department of Education (ED) announced it will require institutions of higher education to report additional data relating to admissions processes. The announcement follows President Donald Trump's executive order… more

College Admissions, Colleges, Data Collection, Data Reporting, Department of Education

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Max Angel

Sophisticated Crypto Theft Targeting High-Net-Worth Individuals

A recent court case has unveiled a new level of sophistication in attacks targeting high-net-worth cryptocurrency holders. In a meticulously orchestrated scheme, hackers managed to steal more than $40 million in bitcoin from an… more

Bitcoin, Cryptocurrency, Cyber Attacks, Cybersecurity, Data Breach

See all updates »

Kevin Angle

California Attorney General Enters $1.55 Million CCPA Settlement with Healthline Media

California Attorney General Rob Bonta has settled claims against Healthline Media (Healthline) for violations of the California Privacy Protection Act (CCPA) related to the company's sharing of personal information and alleged… more

Advertising, California Privacy Protection Agency (CPPA), Civil Monetary Penalty, Data Privacy, Data-Sharing

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Marc Antonecchia

New York Court Finds It Fishy That False Labeling Claims Ignore Context

A New York federal district court has sent a clear message that "context matters" when assessing a false labeling claim.1 In dismissing another putative class asserting violations of state and federal consumer protection laws,… more

Dismissals, False Advertising, Magnuson-Moss Act, Product Labels, Putative Class Actions

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Maria Camila Aponte

Proyecto de Decreto para la implementación del Acuerdo de Escazú en Colombia

El Ministerio de Ambiente y Desarrollo Sostenible de Colombia publicó para comentarios un Proyecto de Decreto "Por el cual se crea la Comisión Intersectorial para la implementación del Acuerdo Regional sobre el Acceso a la… more

Access To Justice, Advisory Commissions, Colombia, Disclosure Requirements, Environmental Policies

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Juan Felipe Arango

A una acción de retener talento

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Juan Felipe Arango, abogado de derecho corporativo, sobre un tema de gran relevancia: las stock options. Juan Felipe explica que estas opciones… more

Colombia, Employee Retention, Startups, Stock Options

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Katherine Arango

SECURE Act: Rethinking Estate Planning with Retirement Accounts

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) represents the first major retirement legislation since 2006. The SECURE Act was signed into law on Dec. 20, 2019, became effective Jan. 1, 2020, and… more

401k, 529 Plans, Beneficiary Designations, Estate Planning, Individual Retirement Account (IRA)

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Daniela Arbelaez

Public Call for Interest in Public-Private Partnership for Construction of Airport in Colombia

Colombia’s National Infrastructure Agency (Agencia Nacional de Infraestructura or ANI) launched the public call for the invitation of third parties interested in the project whose purpose is the financing, preparation of studies… more

Airports, Colombia, Construction Contracts, Deadlines, Design-Build

See all updates »

Kara Ariail

A Contractor's Guide to the Impending Government Shutdown

Editor's Note: The last time we faced an impending government shutdown, our Government Contracts Group posted a blog regarding what contractors should do in the event of a shutdown. That post has been updated below… more

COBRA, Employee Benefits, Fair Labor Standards Act (FLSA), Federal Budget, Federal Contractors

See all updates »

Richard Ariel

Federal Leasing 2023: The Year in Review

This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal Government… more

Biden Administration, Board of Contract Appeals, Commercial Leases, Compliance, Contract Negotiations

See all updates »

Eduardo Arista

Another Surprise in the One Big Beautiful Bill: Excise Tax on Remittances

As Republicans in the U.S. Senate now consider the reconciliation bill, they will need to consider what tax provisions contained in the One Big Beautiful Bill (OBBB), passed by the U.S. House of Representatives on May 22, 2025,… more

Digital Wallets, Excise Tax, Federal Budget, Financial Services Industry, FinTech

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Christopher Armstrong

Education Dept. Prioritizes Foreign Gifts and Contracts Enforcement for Colleges, Universities

The Trump Administration stated last week that it will prioritize compliance and enforcement against colleges and universities with respect to the U.S. Department of Education (ED)'s foreign gift, contract and ownership… more

Colleges, Department of Education, Disclosure Requirements, Educational Institutions, Enforcement Priorities

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John Arnold

The Evolving Landscape of Behavioral Health Transactions: Insights from Industry Professionals

In this episode of "Counsel That Cares," healthcare attorney John Arnold and Erika Haanpaa, a managing director at Cain Brothers, discuss mergers and acquisitions (M&A) trends in the behavioral health industry. Mr. Arnold and… more

Business Model, Capital Markets, Health Care Providers, Hospital Mergers, Hospitals

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Cary Aronovitz

FCPA Enforcement on Pause Per Executive Order

Just over two months ago, the Kansas City Chiefs were still two-time defending Super Bowl champions, Luka Doncic was a Dallas Maverick, and the U.S. Department of Justice's (DOJ) Foreign Corrupt Practices Act (FCPA) Unit was… more

Compliance, Corporate Governance, Corruption, Department of Justice (DOJ), Executive Orders

See all updates »

Hugo Arza

Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any… more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

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Kristin Asai

Kristin Asai Shares Her Family History in the U.S. Japanese Internment Camps

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

Civil Liberties, Diversity and Inclusion Standards (D&I), Heritage & Culture, Human Rights, Immigrants

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Kevin Ashe

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

See all updates »

James Ashmore

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the… more

Carbon Capture and Sequestration, Contract Terms, Energy Storage, Mineral Leases, Mineral Rights

See all updates »

Brian Atherton

Washington State Eases Lease Execution Process

Effective June 6, 2024, Washington state no longer requires that commercial leases with a term of more than one year be notarized to be effective. On March 13, 2024, Gov. Jay Inslee signed Substitute Senate Bill (SSB) 5840 into… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Governor Inslee, New Legislation

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Kristina Starr Azlin

Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation

On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The… more

Attorney General, Compliance, False Claims Act (FCA), FERA, Whistleblowers

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Marion Bachrach

"Call Us Before We Call You": SDNY Announces Pilot Whistleblower Program

The U.S. Attorney's Office for the Southern District of New York (SDNY) on Jan. 10, 2024, announced a Whistleblower Pilot Program (Program) that it is presenting as another "tool in [the SDNY's] toolkit" that could unearth new… more

Compliance, Cooperation, Criminal Liability, Foreign Corrupt Practices Act (FCPA), Fraud

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Kelly Bagnall

The College Dorm in Your Hotel: Considerations for Owners and Operators

The COVID-19 pandemic forced colleges and universities throughout the country to close early in spring 2020 and empty out their dormitories. The fall 2020 semester changes caused university administrators to think beyond the… more

Colleges, Coronavirus/COVID-19, Educational Institutions, Health and Safety, Hotels

See all updates »

Catie Lane Bailey

First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and… more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

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Chris Bailey

Distressed Investing in Energy: Strategies and Risks in a Nutshell

From a U.S. bankruptcy perspective, distressed debt investing is often based on two fundamental principles in the bankruptcy system: 1) a secured creditor is entitled to the value of its collateral in a given bankruptcy case… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debt Securities

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Jay Baker

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the Texas… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Governor Abbott, Lenders

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Kyla O'Brien Baker

Deals on Wheels: Legal Pitfalls and Protections in Automotive Property Sales

Automotive real estate (such as automobile dealerships, agricultural equipment dealers and service centers) straddles retail and industrial uses. This unique characteristic means that buyers and sellers of automotive real estate… more

Acquisitions, Car Dealerships, Commercial Real Estate Contracts, Contract Terms, Due Diligence

See all updates »

Philip Baker-Shenk

Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes that… more

Claim Procedures, Health Insurance, Indian Health Service (IHS), Medicaid, Medicare

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Andrew Balthazor

Sophisticated Crypto Theft Targeting High-Net-Worth Individuals

A recent court case has unveiled a new level of sophistication in attacks targeting high-net-worth cryptocurrency holders. In a meticulously orchestrated scheme, hackers managed to steal more than $40 million in bitcoin from an… more

Bitcoin, Cryptocurrency, Cyber Attacks, Cybersecurity, Data Breach

See all updates »

Susan Banks

Final Medicare Overpayment Rules a Mixed Bag for Providers

The Centers for Medicare & Medicaid Services (CMS) released highly anticipated updates this month to the Medicare regulations interpreting the federal 60-day overpayment refund requirement (the Overpayment Statute). The result… more

Centers for Medicare & Medicaid Services (CMS), Enforcement, False Claims Act (FCA), Final Rules, Government Investigations

See all updates »

Mercedes Barcena

EEUU denuncia barreras comerciales en México a pesar del T-MEC en su informe 2025

La Oficina del Representante Comercial de Estados Unidos (Office of the United States Trade Representative o USTR) publicó el 31 de marzo de 2025, su Informe de Estimaciones Nacionales de Comercio 2025 (National Trade Estimate… more

ACH Payments, Annual Reports, Energy Policy, Energy Sector, Exports

See all updates »

Jason Hartley Barker

Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a possible… more

Beer, Blue Apron, Breweries, Cybersecurity, Excise Tax

See all updates »

Lisa Ann Barkovic

New Federal Program Provides Grants for Eligible P3 Transportation Projects

The Build America Bureau (Bureau) of the U.S. Department of Transportation (DOT) released on March 11, 2024, a Notice of Funding Opportunity for the new Innovative Finance and Asset Concession Grant Program (IFACGP)… more

Applications, Federal Funding, Federal Grants, Filing Deadlines, Financing

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Deborah Barnard

The PFAS Drinking Water Rule Under the Second Trump Administration

Major trade associations and water systems filed suit to challenge the Biden-era U.S. Environmental Protection Agency's (EPA) National Primary Drinking Water Rule for six per- and polyfluoroalkyl substances (PFAS) under the Safe… more

Biden Administration, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Luis Rubio Barnetche

U.S. Implements Threatened Tariffs on Canada, Mexico and China

U.S. President Donald Trump announced on March 3, 2025, that the tariffs he threatened under the International Emergency Economic Powers Act (IEEPA), which were delayed from an earlier Feb. 4 effective date, would enter into… more

Canada, China, Imports, International Emergency Economic Powers Act (IEEPA), International Trade

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Jacob Baron

New Trade Secret Protections in China

U.S. companies have been complaining for years that Chinese companies are allowed to steal and misappropriate U.S. intellectual property rights at will and without recourse. However, many commentators, including former U.S… more

China, Comment Period, Intellectual Property Protection, Proposed Rules, State Administration for Market Regulation (SAMR)

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Antonio Barrera

Mexico's Energy Secretary Resumes Deadlines and Timeframes for CNH Matters

The Ministry of Energy (Secretaría de Energía or SENER) published on April 29, 2025, in the Federal Official Gazette, the "Agreement resuming the deadlines and terms for the reception and proceeding on matters within the… more

Deadlines, Electronic Filing, Energy Policy, Energy Sector, Filing Deadlines

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Jacob Barrera

A Year-End Report for Healthcare Antitrust and What to Expect Later in 2025

As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps many… more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Enforcement Actions

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Daniel Barsky

What to Know About the New Artificial Intelligence Executive Order

President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns… more

Artificial Intelligence, Biden Administration, Cybersecurity, Defense Production Act, Executive Orders

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Courtney Batliner

Commercializing Your Startup's Big Secret Without Losing Its Value (Part 2)

In our first post, we discussed the scope of trade secret protection, as well as how a trade secret is established and enforced. In this second post, we discuss trade secret “hygiene” – that is, best practices for maintaining… more

Best Practices, Data Security, Entrepreneurs, Non-Disclosure Agreement, Policies and Procedures

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Leila Marie Jackson Batties

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

See all updates »

Stephen Baumann II

Colorado Employment Laws to Take Effect This Summer

Amid tumultuous times in federal labor and employment law in 2025, Colorado's General Assembly has enacted several key modifications to laws impacting employers with Colorado employees – from wage-and-hour enforcement and… more

Employee Rights, Employer Responsibilities, Immigrants, New Legislation, Paid Family Leave Law

See all updates »

Peter Baumgaertner

Jobs Act Directs Private Activity Bonds to Clean Energy, Carbon Capture

The bipartisan Infrastructure Investments and Jobs Act (IIJA), signed into law in November 2021, provides a "once in a generation" investment into the nation's infrastructure. In addition to making significant investments in… more

Biden Administration, Bonds, Carbon Capture and Sequestration, Clean Energy, Infrastructure

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Neal Beaton

China Practice Newsletter: July-August 2019

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making… more

Arbitration, Board of Directors, Breach of Duty, California Consumer Privacy Act (CCPA), CEOs

See all updates »

Lauren Becker

Texas Governor's Executive Orders Take First Steps Toward Reopening of State

Texas Gov. Greg Abbott on April 17, 2020, issued a series of three Executive Orders relating to the COVID-19 crisis. The first, GA-15, relates to hospital capacity; the second, GA-16, relates to the reopening of select services… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Abbott, Hospitals

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Briana Becker Stolley

Leasing SCIF Space: Considerations for Landlords and Tenants

In the post COVID-19 era, the office leasing market has faced significant challenges due to remote work and hybrid models, particularly in non-trophy-class buildings. One healthy exception to the office market struggle is the… more

Commercial Leases, Commercial Real Estate Contracts, Contract Terms, Department of Defense (DOD), Federal Contractors

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Sean Belanger

DOJ's Annual False Claims Act Statistics: Relators Forging Ahead with Success

The U.S. Department of Justice (DOJ) on Feb. 7, 2023, released its annual statistics for its civil False Claims Act (FCA) and fraud cases from the 2022 fiscal year (FY). Up front, we see the following key takeaways … more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Federal Contractors

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Joshua Belcher

Potential Implications of President Trump's Wind Energy EO on Offshore Leasing, Development

This Holland & Knight alert provides a summary of President Donald Trump's Wind Energy EO, an overview of the offshore wind leasing process and considerations for current lessees regarding potential outcomes and legal remedies… more

BOEM, Contract Termination, Contract Terms, Department of Energy (DOE), Department of the Interior

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B. Jeffery Bell

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing… more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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Seth Belzley

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the… more

Carbon Capture and Sequestration, Contract Terms, Energy Storage, Mineral Leases, Mineral Rights

See all updates »

Sara Benson

Excessive Fee Cases: Not Just for Retirement Plans Anymore

A recent wave of cases has attempted to apply the theory of liability for retirement plan excessive fee cases to health plans – specifically, arrangements with pharmacy benefit managers. Though the cases thus far have been… more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Excessive Fees

See all updates »

Thomas Bentz Jr.

Food and Beverage Law Update: October 2020

More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19. Insureds… more

Agricultural Sector, Antitrust Violations, Business Interruption, Class Action, Commercial Insurance Policies

See all updates »

Leonard Bernstein

Will New Jersey Reregulate Utility Rates?

With New Jersey's gubernatorial election campaign season underway, increasingly high energy costs have become a contentious, high-profile issue. Some blame the state's focus on alternative energy over traditional fossil… more

Deregulation, Electricity, Energy Market, Energy Policy, Natural Gas

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Nathaniel Bernstein

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

See all updates »

Robert Bernstein

Will President Trump Be a Champion of Construction and Infrastructure in Second Term?

President-Elect Donald Trump's career in construction and development has made many believe that he will be a champion for the construction and infrastructure sectors in his second term. While we don't know the future, we can… more

Construction Industry, Critical Infrastructure Sectors, Deregulation, Donald Trump, Energy Projects

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Brent Berselli

Death, Taxes and Politics: The Future of Tax Policy Ahead of the 2024 Election

Private Wealth Services attorneys Patrick Duffey and Brent Berselli discuss the future of tax policy with Tax attorney Joshua Odintz ahead of the 2024 election. The attorneys provide an overview of the 2017 Tax Cuts and Jobs Act… more

Corporate Taxes, Income Taxes, Legislative Agendas, Presidential Elections, Tax Cuts and Jobs Act

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Hunter Bezner

Shady Days: SEC Secures Another Insider Trading Stat on Shadow Trading Theory

The U.S. District Court for the Northern District of California on May 30, 2024, approved a settled final judgment against technology company Arista Networks' former chairman and CEO, Andreas "Andy" Bechtolsheim based on… more

Acquisitions, Breach of Duty, Civil Monetary Penalty, Confidential Information, Enforcement Actions

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Julian Bibb

U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee… more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Jordan Bittle

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC v… more

Appellate Courts, Breach of Contract, Commercial Leases, Commercial Litigation, Contract Disputes

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Richard Bixter Jr.

Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction… more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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David Black

Recent Decisions on Federal Agencies' Discretion to Suspend Funding, Terminate Grants

Federal grant recipients have long faced uncertainty when a change in administration brings new policy priorities. Recent decisions – both from the courts and U.S. Government Accountability Office (GAO) – provide benchmarks to… more

Administrative Procedure Act, Benchmarks, Constitutional Challenges, Department of Energy (DOE), Department of Transportation (DOT)

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Carson Blakely

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the National… more

Administrative Agencies, Administrative Law Judge (ALJ), Appellate Courts, Article II, Board Members

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Steven Block

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot… more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Brandon Bloom

Section 1202 Gross Assets and Basis Issues for Qualified Small Business Stock

In order for stock to be qualified for an exclusion on gain under Internal Revenue Code (Code) Section 1202, the issuing corporation must, among other requirements, have aggregate gross assets of no more than $75 million at the… more

Business Assets, Capital Gains, Corporate Governance, Corporate Issuers, Exclusions

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Jessica Bloomfield

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Libby Bloxom

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Jonathan Blum

Impact of the One Big Beautiful Bill Act on Tax-Exempt Organizations

President Donald Trump signed into law the One Big Beautiful Bill Act (OBBB) on July 4, 2025, marking a victory for his administration's ability to advance major policy priorities in his second term domestic agenda, including… more

Charitable Organizations, Colleges, Donors, Educational Institutions, Excise Tax

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Peter Blumeyer

Religious Institutions Update: November 2024

Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal police… more

Anti-Discrimination Policies, Churches, Constitutional Challenges, Free Exercise Clause, Free Speech

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Noel Robert Boeke

President Signs HAVEN Act to Assist Veterans in Bankruptcy Matters

President Donald Trump on Aug. 23, 2019, signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) into law. The HAVEN Act was introduced in the U.S. House of Representatives by Lucy McBath (D-Ga.) and Greg… more

Chapter 13, Chapter 7, Consumer Bankruptcy, Disability Benefits, New Legislation

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Jake Bohn

COGNAC, Hip Hop and Fame: A Trademark Showdown with a Twist

You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past about… more

Appeals, Certification Marks, France, International Trademark Protection, Likelihood of Confusion

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Paul Bond

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule of… more

Americans with Disabilities Act (ADA), Appellate Courts, Article III, Class Action, Class Certification

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Susan Jennifer Booth

Making Lemonade from Lemons: A Mortgage Lender's Guide to Successful Loan Workouts, Part 4

The first three articles in this series took you through the steps for developing a workout strategy. If you have followed those recommendations, you understand where you are and where you want to be. You have also developed a… more

Accelerated Payments, Acceleration, Default, Forbearance Agreements, Loan Documentation

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Charles Borden

The Executive Appointment Process

Private Wealth Services attorney Patrick Duffey, Political Law attorney Charles Borden and Tax attorney Robert "Bob" Rizzi share insights on the executive appointment process as the 2024 election approaches. The new… more

Election Results, Executive Appointments, Legislative Agendas, Political Appointments, Presidential Elections

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Joshua Bosin

2024 Title IX Regulations Vacated Nationwide: What You Need to Know Today

Holland & Knight previously explained how injunctions issued in many states blocked enforcement of 2024 Title IX regulations in those states (a list that eventually grew to 26 states) and how a Kansas federal district court's… more

Appeals, Constitutional Challenges, Department of Education, Educational Institutions, Free Speech

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Zach Boulden

Sen. Grassley Introduces Bipartisan False Claims Amendments Act of 2023

Continuing his long and storied history of pushing for stronger enforcement of the False Claims Act (FCA), Sen. Chuck Grassley (R-Iowa) recently led a bipartisan group of senators in introducing the False Claims Amendments Act… more

False Claims Act (FCA), Federal Contractors, Judicial Review, Materiality, Proposed Amendments

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Dianne Bourque

Healthcare Coalition Sues HHS Secretary Kennedy Over Vaccine Policy Changes

On July 7, 2025, a coalition of healthcare organizations – including the American Academy of Pediatrics, American College of Physicians and Infectious Diseases Society of America, along with a pregnant Massachusetts physician –… more

Administrative Procedure Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Minors

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Janis Boyarsky Schiff

Shall We Consider the Use of the Word "Shall" Again?

Holland & Knight recently advised on the use of the word "shall" in legal documents. If the authors' arguments in the June 6, 2021, blog post, "Canceling the Word 'Shall' in Leases, Contracts and Legal Forms," were not… more

Bankruptcy Code, Contract Drafting, Contract Terms, Corporate Counsel, Young Lawyers

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Robert Bradner

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in… more

Administrative Procedure Act, Appropriation, Congressional Oversight, Constitutional Challenges, Enforcement Actions

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Willliam Brady

DOJ Announces New Policies and Priorities in Prosecution of White Collar Crime

The U.S. Department of Justice (DOJ or Department) announced on May 12, 2025, new investigative and policy priorities, as well as changes to current DOJ guidance, that could have a significant impact on the prosecution of white… more

Anti-Money Laundering, China, Cooperation, Corporate Misconduct, Department of Justice (DOJ)

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Leonard Brahin

Law Firm MSOs and Legal Ethics Regulations: Lessons from Texas Opinion 706

The Professional Ethics Committee for the State Bar of Texas (Committee) in February 2025 issued Opinion No. 706, the first ethics opinion that squarely addressed the use of law firm management service organizations (MSOs). The… more

Business Strategies, Conflicts of Interest, Ethics, Fee-Splitting, Law Firm Ownership

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Frederick Braid

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a… more

Collective Bargaining, Commercial Truck Drivers, NLRA, NLRB, Preemption

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Keith Brandofino

Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the… more

Citizenship, CMBS, Commercial Mortgage Securitization, Commercial Mortgages, Coronavirus/COVID-19

See all updates »

James Bristol

Arkansas Court Declines to Dismiss Challenge to ESOP Releveraging Transaction

The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc. and… more

Breach of Duty, Class Action, Dilution, Duty of Loyalty, Employee Benefits

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Cindy Brittain

IRS, State of California Offer Tax Relief for Wildfire-Impacted Taxpayers in Los Angeles County

In response to a Federal Emergency Management Agency (FEMA) declaration on the Los Angeles wildfires, the IRS on Jan. 10, 2025, issued a news release, IR-2025-10, which postpones certain tax-filing and tax-payment deadlines for… more

Business Entities, Business Taxes, California, Corporate Counsel, FEMA

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Brian Briz

A Long Winter's Nap? SEC Off-Channel Communications Enforcement May Draw to a Close

The SEC's wave of enforcement actions concerning "off-channel" communications did not abate in 2024. In total, the SEC announced more than 70 firms agreed to pay more than a half-billion dollars combined to settle charges for… more

Broker-Dealer, CFTC, Civil Monetary Penalty, Electronic Communications, Enforcement Actions

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Christopher Brockman

Florida Commercial Rent and License Fees May See Decrease Under New Law

Unlike most states, Florida imposes a sales tax on commercial rent or license fees, regardless of the length of the term. During the most recent legislative session, the Florida legislature passed and Gov. Ron DeSantis signed… more

Commercial Leases, Commercial Property Owners, Coronavirus/COVID-19, Governor DeSantis, License Fees

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Eric Brocaw

Illinois Dental Practices Face New Third-Party Financing Guardrails in 2025

In August, Illinois Gov. J.B. Pritzker signed into law HB 4891 that amends the Illinois Dental Practice Act to include significant guardrails for dental practices looking to offer third-party financing in dental offices in 2025… more

Consumer Financial Products, Corporate Practice of Dentistry, Creditors, Dentists, Enforcement

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Thomas Brooke

Chemical Ban Set to Hit Fashion Supply Chains in 2026

In accordance with a final rule (the 2024 Rule) published by the U.S. Environmental Protection Agency (EPA) in late 2024, fashion-related articles containing phenol, isopropylated phosphate (PIP (3:1)) will be prohibited from… more

Chemicals, Environmental Protection Agency (EPA), Fashion Industry, Final Rules, Hazardous Substances

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Brad Brooker

With Change Comes Opportunity: What Recent Intelligence Community Changes Mean for Contractors

As with other facets of government, the first 60 days of the Trump Administration have brought significant changes and reprioritization to the Intelligence Community (IC). With this change comes opportunity. This Holland &… more

Artificial Intelligence, Bid Protests, China, Department of Government Efficiency (DOGE), Federal Acquisition Regulations (FAR)

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Jonetta Brooks

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods and… more

Attorney's Fees, Business Interruption, Claim Procedures, Denial of Insurance Coverage, Homeowners

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Jordan Brossi

Holland & Knight Health Dose: July 29, 2025

This week, the U.S. House of Representatives will be out of session, as the chamber has adjourned for the August 2025 district work period. The U.S. Senate remains in session and continues to consider nominations to lead several… more

Affordable Care Act, Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Congressional Investigations & Hearings

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Molly Broughton

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Christopher Brown

Conversion of Partnership and LLC Interests into Qualified Small Business Stock

Given the recent amendments to Internal Revenue Code Section 1202,1 which increase the benefits of holding qualified small business stock (QSBS), many companies currently operating as tax partnerships may want to convert into C… more

Business Entities, C-Corporation, Corporate Conversions, Holding Periods, Internal Revenue Code (IRC)

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Daniel Brown

DOE Loan Programs Office: 2023 Updates, Overview and Key Insights

Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan… more

Biden Administration, Clean Energy, Climate Change, Congressional Committees, Congressional Investigations & Hearings

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Jessica Brown

Alcohol Consumption Guidelines: A Warning Shot for the Industry

The World Health Organization (WHO) on Jan. 4, 2023, released a statement that there is no "safe" level of alcohol consumption that does not affect health.1 In collaboration with international partners, the WHO spearheaded the… more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Dietary Guidelines, National Academy of Sciences (NAS), Public Health

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Olivia Brown

SEC's Division of Investment Management Updates Marketing Rule FAQs

The SEC's Division of Investment Management (Division) on March 19, 2025, updated its Marketing Compliance Frequently Asked Questions (FAQs) with respect to Rule 206(4)-1 under the Investment Advisers Act of 1940 (Marketing… more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, New Guidance

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Samuel Brown

State Lobbying Update: Hawaii Expands Lobbying Law to Cover Procurement Activities

A bill recently signed into law by Hawaii Gov. Josh Green significantly expands the scope of the state's lobbying law to cover procurement activities. When the law takes effect on Jan. 1, 2027, its expanded scope will have… more

Contract Terms, Enforcement, Lobbying, New Legislation, Penalties

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Thomas Brownell

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR Tactical,… more

Bid Protests, Competitive Bidding, Contract Drafting, Federal Contractors, Florida

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John Brownlee

DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are… more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Bradley Brownlow

California's Summer Blockbuster, Continued!: CEQA Administrative Record Requirements Revised

Senate Bill (SB) 131 includes reforms to litigation procedure under the California Environmental Quality Act (CEQA) intended to relieve the burden on CEQA litigants when preparing the CEQA administrative record and speed up the… more

Administrative Record, CEQA, Housing Developers, Infill Development, New Legislation

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Deborah Brundy

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

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Daniel Buchholz

The Rise and Fall of the DOL's Long-Anticipated Proposed Regulation on "Adequate Consideration"

The U.S. Department of Labor (DOL) on Jan. 16, 2025, released its long-awaited proposed regulation interpreting the definition of "adequate consideration" as applied to private company stock acquired or sold by an employee stock… more

Consideration, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP

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John Bunge

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Brian Bunger

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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Micah Burbanks-Ivey

President Trump Announces 10 Percent Global Tariff, 11 Percent to 50 Percent Reciprocal Tariffs

President Donald Trump on April 2, 2025, issued an executive order (EO), "Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits,"… more

Canada, China, International Emergency Economic Powers Act (IEEPA), International Trade, Mexico

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Jeremy Burkhart

Executive Order Tightens Federal Grant Oversight: What Grant Recipients Need to Know

The Trump Administration on Aug. 7, 2025, issued a sweeping executive order titled "Improving Oversight of Federal Grantmaking" (the Order or EO), which is aimed at overhauling the federal grantmaking process. Framed as a… more

Corporate Counsel, Executive Orders, Federal Grants, Funding Opportunities, Government Agencies

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Robert Burns

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy going… more

Appeals, Class Action, Colleges, Coronavirus/COVID-19, Litigation Strategies

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Cynthia Burnside

CFPB Finalizes New Federal Supervision of Certain Providers of Digital Wallets, Payment Apps

The Consumer Financial Protection Bureau (CFPB) on Nov. 21, 2024, issued a final rule to supervise larger nonbank companies that offer "general-use digital consumer payment applications" such as digital wallets, payment apps and… more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Covered Person, Digital Wallets

See all updates »

Patrick Burri

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security… more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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Suzanne Busser

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC v… more

Appellate Courts, Breach of Contract, Commercial Leases, Commercial Litigation, Contract Disputes

See all updates »

Curran Butcher

Curran Butcher Shares the Power of Being True to Yourself and Finding Community

Holland & Knight's Diversity Council and LGBTQ Affinity Group were proud to celebrate Pride Month and engage in the conversation for equality and embrace our diverse community by coming together without exception and supporting… more

Diversity, Diversity and Inclusion Standards (D&I), Equality Act, LGBTQ, Marketing

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Scott Buzzard

ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing… more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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William Byrne

The Upcoming Trump Administration and Its Impact on Motor Carrier Regulations

In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump… more

Commercial Truck Drivers, Department of Transportation (DOT), FMCSA, Motor Carriers, Regulatory Agenda

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Gabriel Caballero Jr.

FinCEN Geographic Targeting Order Imposes Additional Recordkeeping and Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 11, 2025, issued a Geographic Targeting Order (the Southwest GTO) as part of a "whole-of-government approach" to leverage all available… more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cartels, Executive Orders

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Diana Lucia Cabrera

Implementación de medidas laborales y operativas mediante Circular Conjunta 40017 en Colombia

La Circular Conjunta No. 40017 emitida el 25 de julio de 2025 por el Ministerio del Trabajo y el Ministerio de Minas y Energía de Colombia establece disposiciones que buscan garantizar las condiciones laborales y operativas en… more

Colombia, Employee Rights, Employee Training, Employer Responsibilities, Energy Sector

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Mariangela Cáceres

Ampliación del fuero de paternidad

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Mariangela Cáceres, abogada de derecho laboral, sobre la reciente ampliación del fuero de paternidad en Colombia, derivada de la Sentencia C-517… more

Colombia, Constitutional Challenges, Employee Benefits, Employee Rights, Employment Policies

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Jeffrey Calk

Lease Provisions That Make Retail Centers Ideal for Healthcare Tenants

In recent years, there has been a steady migration of healthcare providers becoming tenants in retail shopping centers. These healthcare tenants are operating urgent care clinics, physician offices, freestanding emergency… more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Contract Terms, Health Care Providers

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Lynn Calkins

U.S. Pharmaceutical Manufacturing and Supply Chain: 2025 Risks, Opportunities for Stakeholders

The U.S. House of Representatives Committee on Energy and Commerce's Subcommittee on Health held a recent hearing titled "Made in America: Strengthening Domestic Manufacturing and the Health Care Supply Chain." The hearing… more

APIs, Congressional Committees, Congressional Investigations & Hearings, Drug Pricing, Food and Drug Administration (FDA)

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Ed Callaway

U.S. Senate Committee Unanimously Reports Brownfields Reauthorization Legislation

The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date, floor… more

Brownfield Properties, Congressional Committees, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Christopher Camarra

GSA Updates Proposed Sale of Government-Owned Properties Throughout the Country

As discussed in a previous Holland & Knight alert, the U.S. General Services Administration (GSA) is seeking to dispose of a substantial portion of its owned inventory. On March 24, 2025, GSA released a new list of properties… more

Commercial Real Estate Market, General Services Administration (GSA), Government Agencies, Investors, Public Property

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Lindsey Camp

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every… more

401k, Benefit Plan Sponsors, Cryptocurrency, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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Anthony Campiti

Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)… more

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

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Rebecca Canamero

Supreme Court Ruling Expands Reach of Civil RICO Statute

The U.S. Supreme Court issued an opinion on April 2, 2025, that has expanded the type of claims that can be raised under the federal Racketeer Influenced and Corrupt Organizations Act (RICO)… more

Business Losses, Cannabis Products, Drug Testing, Employment Litigation, RICO

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Matthew Caplan

New OSHA Rule for Injury and Illness Reporting Affects Up to 52,000 Employers

Current Occupational Safety and Health Administration (OSHA) recordkeeping requirements, codified at 29 C.F.R. Part 1904, mandate that covered employers record certain work-related injuries and illnesses sustained by employees… more

Covered Employer, Effective Date, Electronic Filing, New Rules, OSHA

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Leah Capritta

Colorado House Passes Fracking Measure, Supports More Local Input Over Projects

The Colorado legislature took an important step toward solidifying greater community-control leverage over fracking operations via HB18-1071, introduced by State Rep. Joe Salazar (D-Adams) in January 2018. The bill would amend… more

Appeals, Attorney General, Balancing Test, Certiorari, CO Supreme Court

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Daniel Carlin

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in the… more

Administrative Procedure, California Air Resources Board, California Endangered Species Act, CEQA, CEQA Reform

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Nicolás Carrero

Impuesto de Timbre: Cuantía indeterminada

Edwin Cortés, socio, y Nicolás Carrero, abogado de derecho tributario, analizan el impuesto de timbre en contratos de cuantía indeterminada en este episodio de "A Lo Legal En Par Minutos". Como explican los abogados, un contrato… more

Business Taxes, Colombia, Contract Terms, International Tax Issues, Tax Liability

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Keith Carroll

Tout, Tout, Let It All Out: SEC Continues Crackdown on Celebs, Athletes Touting Digital Assets

Former NBA player and Hall of Famer Paul Pierce is the latest celebrity cryptocurrency promoter to get caught in the net of the anti-touting provisions of federal securities laws. In a recent settled order issued by the SEC, the… more

Athletes, Celebrity Endorsements, Cryptocurrency, Digital Assets, Endorsements

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Kelly-Ann Cartwright

A Journey from Guyana to the Boardroom with Kelly-Ann Gibbs Cartwright

Welcome to Holland & Knight's new video series, "Women in Leadership." Throughout this series, we will shine a spotlight on the outstanding women within our firm, celebrating their achievements, stories and the powerful impact… more

Career Development, Diversity and Inclusion Standards (D&I), Firm Leadership, Law Firm Associates, Law Firm Partners

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Jose Casal

Jose Casal Reflects on Living His Father's Dream and Creating a New Hispanic Culture in the U.S.

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Business Development, Marketing Perspectives, Professional Development, Thought Leadership

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Juan Israel Casallas

Corte Constitucional de Colombia declara exequible estudio de impactos climáticos en el EIA

La Sentencia C-280 de 2024 de la Corte Constitucional de Colombia (la Sentencia) del 11 de julio de 2024, declaró la exequibilidad condicionada del inciso segundo del Artículo 57 de 1993, bajo el entendido de que hay un déficit… more

Climate Change, Colombia, Environmental Impact Report (EIR), Environmental Policies, Licensing Rules

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Kimberly Case

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was… more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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Tomas Castellanos

Tomás Castellanos Shares His Life Journey and Highlights the Importance of Mentorship

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Diversity, Immigrants, Immigration, Mentors, Pro Bono

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Monica Castro

Monica Vila Castro Discusses the Importance of Embracing Your Background and Learning from It

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Business Development, Career Development, Diversity, Firm Leadership, Heritage & Culture

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Alex Cates

Washington's Mini-WARN Act Goes into Effect on July 27, 2025

Washington state recently enacted the Securing Timely Notification and Benefits for Laid-Off Employees Act (Senate Bill 5525), which takes effect July 27, 2025. This new "mini" version of the federal Worker Adjustment and… more

Effective Date, Employee Rights, Employer Responsibilities, Federal Labor Laws, Layoff Notices

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J. Michael Cavanaugh

USTR Announces Streamlined Notice of Action to Counter Chinese Dominance in the Maritime Sector

The U.S. Trade Representative (USTR) on April 17, 2025, announced its long-awaited final proposed measures to combat China's dominance in the maritime sector by imposing fees on Chinese-linked ships. Public criticism of new… more

China, Executive Orders, Fees, International Trade, Maritime Transport

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Kenneth Cestari

President Trump Signs 4 Executive Orders to Deploy New Nuclear Reactors, Strengthen Supply Chain

President Donald Trump signed four separate executive orders (EOs) on May 23, 2025, intended to result in a quadrupling of U.S. nuclear energy capacity to 400 gigawatts (GW) by 2050, all while strengthening domestic fuel cycle… more

Administrative Procedure Act, Department of Defense (DOD), Department of Energy (DOE), Energy Policy, Executive Orders

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Mischael Cetoute

2025 Updates to Florida's Live Local Act

Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical… more

Affordable Housing, Florida, Housing Developers, New Legislation, Property Owners

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Melanie Chaewsky

Court Affirms Housing Applicants' Ability to Be Vested Against Downzonings

O'Brien Land Company's more than a decade-long odyssey to build 315 zoning-compliant homes – chronicled in Conor Dougherty's book Golden Gates: Fighting for Housing in America – has become the stuff of housing law legend,… more

Affordable Housing, Appeals, Environmental Impact Report (EIR), Housing Developers, Housing Market

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Tayler Chambless

Massachusetts to Begin Licensing Nonresident Pharmacies and In-State Compounding Pharmacies

The Massachusetts Board of Pharmacy (Board) announced in September 2024 that it would soon require licensure for all nonresident pharmacies to dispense prescriptions, including sterile and nonsterile compounded products, to… more

Drug Compounding, Licensing Boards, Licensing Rules, Pharmaceutical Industry, Pharmacies

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D'Andre Chapman

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley submitted… more

ADEA, Age Discrimination, Algorithms, Artificial Intelligence, Collective Actions

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Stacie Chau

Holland & Knight's China Practice Newsletter: January-February 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ...Patterns of Trade Secret Issues ...Fiduciary Responsibilities When… more

Business Court, Fiduciary Duty, Intellectual Property Protection, Internal Investigations, Trade Secrets

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Oscar Alejandro Quiroz Chavez

Se reforman y adicionan diversas disposiciones de Ley Antilavado y Código Penal en México

Tal y como se anticipó desde abril de este año, el 16 de julio de 2025, en el Diario Oficial de la Federación, se publicó el decreto por el que se reforman y adicionan diversas disposiciones de la Ley Federal para la Prevención… more

Amended Legislation, Anti-Money Laundering, Enforcement, Financial Crimes, Fraud

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Jasmine Chean

Watts What You Say? SEC Brings a Battery of Charges Against EV Startup Company

The SEC on Feb. 29, 2024, announced settled charges against Lordstown Motors Corp. (Lordstown) for allegedly misleading investors about sales prospects for the Endurance, Lordstown's flagship pickup truck for the electric… more

Auditor Independence, Audits, Cease and Desist Orders, Commercial Bankruptcy, Disgorgement

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Patrick Childress

Reciprocal Tariff Update: State of Bilateral Negotiations

As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential… more

Canada, China, India, International Emergency Economic Powers Act (IEEPA), International Trade

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James Chivilo

Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction… more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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Andrew Choi

Commercial Impracticability and Frustration of Shipping Agreements in Uncertain Times

The U.S. Trade Representative (USTR) announced a notice of action on fees for operators of Chinese-built ships and vessel owners and operators of China after it issued a proposed notice with fees and restrictions on maritime… more

China, Contract Disputes, Frustration of a Common Purpose, Impracticability, International Trade

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Angad Chopra

Consumer Financial Protection Bureau Proposes New Financial Data Portability, Security Rules

The Consumer Finance Protection Bureau (CFPB) on Oct. 19, 2023, proposed a new Personal Financial Data Rights rule (Proposal) through which it seeks to increase competition in the financial sector. The Proposal was developed in… more

Aggregation Rules, Comment Period, Competition, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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Marcus Christian

New Federal Law Creates Anti-Hazing Requirements for Institutions of Higher Education

President Joe Biden signed into law the Stop Campus Hazing Act (the Act) on December 24, 2024. The Act amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f), a… more

Biden Administration, Clery Act, Colleges, Hazing, New Legislation

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Kevin Christmas

Independent Sponsors: Section 1202 Qualified Small Business Stock

The tax benefits conveyed by Section 1202 of the Internal Revenue Code to owners of qualified small business stock (QSBS) have been available to small business owners in some form since Section 1202 was first enacted in 1993… more

Acquisitions, C-Corporation, Corporate Taxes, Internal Revenue Code (IRC), Investment Funds

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Graham Coates

Will New Jersey Reregulate Utility Rates?

With New Jersey's gubernatorial election campaign season underway, increasingly high energy costs have become a contentious, high-profile issue. Some blame the state's focus on alternative energy over traditional fossil… more

Deregulation, Electricity, Energy Market, Energy Policy, Natural Gas

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Alan Cohen

U.S. Tax Court Holds Bond Financing Costs Are Includible in LIHTC Basis

A U.S. Tax Court decision entered on Feb. 20, 2024, in 23rd Chelsea Associates LLC v. Commissioner of Internal Revenue held that bond issuance and related financing costs incurred in connection with the development of a… more

Affordable Housing, Audits, Bond Financing, Construction Project, General Contractors

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Christopher Cohen

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Da'Morus Cohen

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow… more

Administrative Procedure Act, Automotive Industry, Car Dealerships, CARS Rule, Enforcement

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Jerald Cohn

New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust… more

Commercial Loans, IDOT, Tax Exemptions

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Brian Colandreo

Intellectual Property Offices and Courts Close, Reduce Services Amid COVID-19 Pandemic

Intellectual property courts and offices across North and South America are implementing steps to help contain the spread of the COVID-19 disease. Holland & Knight's Intellectual Property Group has created a reference sheet for… more

Coronavirus/COVID-19, Court Closures, Emergency Response, Government Shutdown, Intellectual Property Protection

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Ivan Colao

COVID-19: SEC Extends Conditional Exemptions from Reporting and Proxy Delivery Requirements

The U.S. Securities and Exchange Commission (SEC) issued an order (Order) on March 25, 2020, extending the filing periods for public companies and persons required to make any filings with respect to a public company that are… more

Coronavirus/COVID-19, Corporate Governance, Filing Deadlines, Publicly-Traded Companies, Relief Measures

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David Cole

Emerging Technology in the FY24 NDAA

In this episode of our Eyes on Washington Podcast Special Miniseries about the National Defense Authorization Act (NDAA), national security attorney Dan Sennott sits down with corporate and securities attorney David Cole and… more

Emerging Technologies, Emerging Technology Companies, Federal Contractors, National Security, NDAA

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William Coleman

The Ex-Im Bank as Biden Begins

For several years, until May 2019, the Export-Import Bank of the United States (Ex-Im Bank) lacked sufficient directors to field a quorum for approval of any new commitments for transactions other than to approve short-term to… more

Aircraft, Airlines, Banking Sector, Biden Administration, Borrowers

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Meaghan Colligan Hembree

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Abraham Joshua Colman

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)… more

Chevron Deference, Debt Collection, Debt Collectors, Electronic Communications, Email

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Timothy Conner

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the… more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

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Brendan Connors

FERC Chairman Chides PJM Over Preemption Dispute on Regional Transmission Project

During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval… more

Constitutional Challenges, Devon Energy Production v Sheppard, Energy Projects, FERC, PJM

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Jennifer Connors

A Bang? A Whimper? Not So Fast: The SEC's Approach to Private Funds Evolves in 2024

As part of its formal fiscal year (FY) 2024 priorities, the SEC's Division of Examinations identified the review of investment advisers to private funds as a key priority. Fresh off the implementation of the Marketing Rule in… more

Asset Management, Compliance, Disclosure Requirements, Investment Adviser, Private Funds

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Frederick Conrad III

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has… more

Biden Administration, Employee Benefits, Enforcement Actions, NLRA, NLRB

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Louis M Conti

Florida Passes New Protected Series LLC Legislation

The Florida Legislature passed CS/SB 316 and CS/HB 403 to add Protected Series LLC provisions to the Florida Revised Limited Liability Company Act, aligning with the Uniform Protected Series Act. This makes Florida one of the… more

Business Entities, Business Formation, Corporations Code, Creditors, Filing Requirements

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Lizeth Cordova Solis

EEUU denuncia barreras comerciales en México a pesar del T-MEC en su informe 2025

La Oficina del Representante Comercial de Estados Unidos (Office of the United States Trade Representative o USTR) publicó el 31 de marzo de 2025, su Informe de Estimaciones Nacionales de Comercio 2025 (National Trade Estimate… more

ACH Payments, Annual Reports, Energy Policy, Energy Sector, Exports

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Ceijenia Cornelius

SEC Scorches New Mexico Investment Advisers for Allegedly Defrauding Elderly Clients

The SEC on June 2, 2025, filed a complaint against David A. Nagler and New Line Capital LLC (Defendants) in the U.S. District Court for the District of New Mexico for allegedly breaching their fiduciary duties and defrauding… more

Breach of Duty, Conflicts of Interest, Disclosure Requirements, Elder Abuse, Enforcement Actions

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Edwin Cortes

Cuando la marca viaja en turista y sin registro

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés conversa con Danilo Romero, socio del área de propiedad intelectual y derecho de la competencia, sobre la importancia de proteger las marcas a nivel internacional. A… more

Business Development, Cross-Border Transactions, Intellectual Property Protection, International Trade, Law Firm Partners

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Maria Cortes

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number… more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Vito Costanzo

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy going… more

Appeals, Class Action, Colleges, Coronavirus/COVID-19, Litigation Strategies

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Michael Cottone

Tennessee Removes Alternative Measure for Franchise Tax, Creates Automatic Refund Period

Gov. Bill Lee recently signed into law Public Chapter 950, which creates significant changes in how Tennessee's franchise tax is calculated. Until now, the franchise tax has been calculated based on 1) a taxpayer's… more

Franchise Taxes, Governor Lee, Income Apportionment, Property Owners, State Taxes

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Renee Covitt

Regulatory Changes Impact Leasehold Condominiums in New York

The leasehold condominium structure has become a popular way for landlords and nonprofit entities to establish or modify their relationship to permit space that the nonprofit would formerly lease to qualify for a real property… more

Condominiums, Leaseholds, Leases, Nonprofits, NYDFS

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Kevin Cox

What Florida Businesses Need to Know about the COVID-19 Response

This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Government Shutdown

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Liam Crane

Biden's American Families Plan Proposes Income Tax Hikes

The American Families Plan is the third part of the Biden Administration's Build Back Better agenda, addressing "human infrastructure" and containing proposals on free education, direct support to children and families, and the… more

Biden Administration, Capital Gains, Carried Interest, Dividends, Income Taxes

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Sarah Crossan

Podcast - Regulating AI in Healthcare: The Road Ahead

In this episode of "Counsel That Cares," Public Policy & Regulation attorney John Vaughan, Healthcare attorney Dan Silverboard and Public Affairs Advisor Sarah Starling Crossan discuss the rapidly evolving landscape of… more

Algorithms, Artificial Intelligence, Bias, Compliance, Data Privacy

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Elizabeth Crouse

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Arantxa Cuadrado

Federal Jurisdiction Limited When Confirming or Setting Aside Domestic Arbitration Awards

In a recent decision involving arbitration, the U.S. Supreme Court held that federal courts do not have subject-matter jurisdiction to confirm or vacate a domestic arbitration award under Sections 9 and 10 of the Federal… more

Arbitration, Arbitration Awards, Badgerow v Walters, Federal Arbitration Act, Federal Jurisdiction

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Gustavo Cuberos

Podcast - Betty… ¿y si nos vamos a la reorganización?

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés y Natalia Cuberos, abogada corporativa, conversan sobre la insolvencia empresarial utilizando ejemplos de la telenovela "Betty la Fea". Explican cómo, en… more

Bankruptcy Code, Business Taxes, Chapter 11, Corporate Restructuring, Creditors

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Ana Maria Cubillos

Congreso de la República de Colombia aprueba en último debate reforma laboral

La Plenaria del Senado de Colombia el 17 de junio de 2025, aprobó en cuarto debate el proyecto de reforma laboral. La iniciativa pasará ahora a etapa de conciliación y aprobación final en ambas cámaras antes del 20 de junio de… more

Apprenticeships, Colombia, Contract Term, Contract Terms, Discipline

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Camilo Alberto Cuervo

Implementación de medidas laborales y operativas mediante Circular Conjunta 40017 en Colombia

La Circular Conjunta No. 40017 emitida el 25 de julio de 2025 por el Ministerio del Trabajo y el Ministerio de Minas y Energía de Colombia establece disposiciones que buscan garantizar las condiciones laborales y operativas en… more

Colombia, Employee Rights, Employee Training, Employer Responsibilities, Energy Sector

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Rosa Maria Cuevas

Trump Administration Announces Designation of International Cartels

U.S. President Donald Trump issued Executive Order 14157 (the EO) on Jan. 20, 2025, calling for the designation of drug cartels and other foreign organizations as foreign terrorist organizations (FTOs) or specially designated… more

Anti-Money Laundering, Cartels, Drug Trafficking, Economic Sanctions, Executive Orders

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Maria Currier

FTC and DOJ Continue to Turn Up Antitrust Heat on Healthcare Industry

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry as… more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Department of Justice (DOJ), Enforcement

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Lawrence Curtin

What Florida Businesses Need to Know about the COVID-19 Response

This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Government Shutdown

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Amy Curtis

SEC, Nasdaq Square Off Against Challengers to Nasdaq's Board Diversity Rule

The SEC was once again before the U.S. Court of Appeals for the Fifth Circuit on Aug. 29, 2022, this time in connection with the agency's approval of the Nasdaq Stock Market LLC's (Nasdaq) Board Diversity Rule (Rule). The Rule… more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Listing Standards

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Jim Davis

ACA Reform – What Comes Next?

The chances that Congress will continue trying to repeal or replace the Affordable Care Act (ACA) have significantly reduced, as the Senate is determined to instead proceed with a tax cut or tax reform… more

Affordable Care Act, Health Insurance, Healthcare Reform, Legislative Agendas, Repeal

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Tom Davis

Congressional Scrutiny of Colleges and Universities: What to Expect in 2024

Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these events… more

Code of Conduct, Colleges, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight

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James Dawson

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Andrea Darling de Cortes

Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification

In Flint v. United States, 2022 WL 3593826 (Fed. Cl. 2022), the court held that the executors of an estate could not recover a six-figure "Title 26 miscellaneous offshore penalty" (MOP) the decedent paid to the Internal Revenue… more

Audits, Breach of Contract, Foreign Bank Accounts, Income Taxes, IRS

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Frances Guasch De La Guardia

Frances Guasch De La Guardia Shares How Staying Rooted in Her Culture Has Inspired Her to Give Back

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Career Development, Heritage & Culture, Leadership

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Maria de la Motte

Boston Passes Ambitious Ordinance Targeting Zero Emissions for Large Buildings by 2050

Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended… more

Building Codes, Carbon Emissions, Climate Change, Green Buildings, Greenhouse Gas Emissions

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Daniela De la Rosa

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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Vivian de las Cuevas-Diaz

Vivian de las Cuevas-Diaz Reflects on Her Professional Path and Paving the Way for Others

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Civil Rights Act, Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Tori Deal

Florida’s Equine Landscape

In this episode of our "Florida Capital Conversations" podcast series, Equine Industry Team Leader Kayla Pragid and Public Affairs Advisor Tori Deal delve into the diverse aspects of Florida's equine industry. Ms. Pragid shares… more

Agricultural Sector, Farms, Legislative Agendas, State and Local Government, State Legislatures

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John Decker

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the… more

Beverage Manufacturers, Class Action, Deceptively Misdescriptive, Disparagement, Distributors

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Christopher DeLacy

Podcast - 2024 Election Impacts on Food and Agriculture Policy

In this special Eyes on Washington miniseries, Public Policy & Regulation Group members Peter Tabor, Liz Craddock, Kayla Gebeck Carroll, Isabel Lane and Chris DeLacy explore the potential effects of the upcoming November… more

Agribusiness, Food Manufacturers, Food Safety, Food Supply, Presidential Elections

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Tricia DeLeon

Texas Business Court Will Have Broader Jurisdiction Over Complex Business Disputes

The Texas Legislature in 2023 created its first Business Court, making Texas the 31st state to establish a specialized court to adjudicate complex business disputes. The Business Court is divided into 11 divisions encompassing… more

Business Court, Business Litigation, Commercial Litigation, Dispute Resolution, Intellectual Property Litigation

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Anthony DeLorenzo

Creating Development Opportunities in Fairfax County, Virginia

Fairfax County, Virginia, has officially launched its next round of the Site-Specific Plan Amendment (SSPA) cycle by releasing the 2025 Nominator Guide. The SSPA process – which will begin on Jan. 13, 2025 – offers a unique… more

Community Development, General Plan, Real Estate Development, Site Plans, Urban Planning & Development

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katelyn DeMartini

What to Consider When Buying Real Estate Promissory Notes

Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for… more

Chain of Title, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Creditors

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F. Robert Denig

Second Circuit: Submerged Electrical Transmission Cable Is a "Facility" Under Oil Pollution Act

In a matter of first impression, the U.S. Court of Appeals for the Second Circuit has ruled that an oil-filled submerged electrical transmission cable is a "facility" under the Oil Pollution Act of 1990 (OPA). Power Authority of… more

Electricity, Energy Sector, Oil & Gas, Oil Pollution Act of 1990 (OPA 90), Transmission Lines

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Burke Depuy

2025 Revisions to the VFCP: Key Changes to Correction and Compliance Options

Historically, the IRS' Employee Plans Compliance Resolution System (EPCRS) has provided employers structured options for correcting retirement plan failures. Under this framework, certain operational errors qualified for… more

Department of Labor (DOL), Employee Benefits, EPCRS, Fiduciary Duty, Penalties

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Andrew Derman

Algeria Seeks Oil and Gas Investment

Algeria, a country with a rich history in hydrocarbon production, is making significant strides in attracting global oil and gas investments. The National Agency for the Valorization of Hydrocarbon Resources (ALNAFT) has… more

Algeria, Commercial Contracts, Contract Terms, Energy Policy, Energy Projects

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Shardul Desai

DoD Publishes Organization-Defined Parameters for NIST SP 800-171 Rev. 3

The U.S. Department of Defense (DoD) recently issued a memorandum signaling that defense contractors soon will be required to comply with new cybersecurity compliance requirements. The memorandum establishes… more

Controlled Unclassified Information (CUI), Cybersecurity, Defense Contracts, Defense Sector, Department of Defense (DOD)

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Matthew Detzel

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow… more

Administrative Procedure Act, Automotive Industry, Car Dealerships, CARS Rule, Enforcement

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Michelle DeVos

AbbVie's Tax Triumph: Breaking Free from Capital Loss Limitations

In a significant win for taxpayers, the U.S. Tax Court recently ruled in AbbVie Inc. v. Commissioner, Docket No. 2597-23, that a $1.6 billion "Break Fee" paid by AbbVie qualifies as an ordinary and necessary business expense… more

AbbVie, Break-Up Fee, Capital Losses, Contract Disputes, Cooperation Agreement

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Josias Dewey

Virtual Currency: The Taxman is Coming

Virtual currency transactions are now a prime focus of Internal Revenue Service (IRS) scrutiny. The IRS has numerous information-gathering tools to enforce its taxing power, including summons, artificial intelligence, data… more

AICPA, Criminal Investigations, Cryptocurrency, Digital Currency, FBAR

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Edward Diaz

Employee and Benefits Considerations When Doing Business in the United States Checklist

Expanding your international business into the United States is an exciting but sometimes daunting venture when it comes to the myriad rules and regulations at play governing employees and benefits. This alert endeavors to… more

Employee Benefits, Employer Responsibilities, Multinationals

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Isabel Diaz

Florida HB 7031 Becomes Effective Oct. 1, 2025

In a major win for Florida's commercial real estate market, Gov. Ron DeSantis signed Florida House Bill (HB) 7031, eliminating both the State Business Rent Tax and County Surtax on commercial leases effective Oct. 1, 2025. This… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Industrial Space, Landlords

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Juan Diaz

Impuesto de Timbre, ¿otra vez?

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Juan Pablo Díaz, abogado de derecho tributario, sobre el impuesto de timbre, el cual se estableció al 1 por ciento en febrero en Colombia… more

Business Taxes, Colombia, International Tax Issues, New Legislation, Stamp Taxes

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Isabella Díaz

Colombia: Superintendencia de Sociedades mantiene competencia para conflictos societarios

El refranero popular considera que se ha armado una tempestad en un vaso de agua, cuando por alguna razón las consecuencias de un hecho nimio desbordan su propia causa y generan una conmoción injustificada… more

Colombia, Constitutional Challenges, Constitutional Courts, Decisions, Media

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John Dierking

Annually Adjusted Hart-Scott-Rodino Thresholds and Filing Fees Take Effect Feb. 21, 2025

The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or… more

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

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Anthony DiResta

Tracking Trends in State-Level Consumer Protection Enforcement

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs) across… more

Advertising, Consumer Protection Laws, E-Cigarettes, Enforcement Actions, False Advertising

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Jared Dodd

A Game Plan for Success: Basic Estate Planning for Student-Athletes

A new era for student-athletes continues to take shape. Historically, student-athletes have generally been unable to monetize their athletic careers until post-college due to NCAA amateurism rules, but with state laws limiting… more

College Athletes, Estate Planning, Intellectual Property Protection, Name and Likeness, NCAA

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R. David Donoghue

District Court Ruling Offers Insight into Computer Fraud and Abuse Act Civil Jury Cases

Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found, that… more

Airlines, Booking.com, Computer Fraud and Abuse Act (CFAA), Counterclaims, Defamation

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Agnes Doyle

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a… more

Appeals, En Banc Review, Energy Projects, Energy Sector, Jones Act

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Ana Dragojevic

Alcohol Consumption Guidelines: A Warning Shot for the Industry

The World Health Organization (WHO) on Jan. 4, 2023, released a statement that there is no "safe" level of alcohol consumption that does not affect health.1 In collaboration with international partners, the WHO spearheaded the… more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Dietary Guidelines, National Academy of Sciences (NAS), Public Health

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Alexa Duarte

Florida HB 7031 Becomes Effective Oct. 1, 2025

In a major win for Florida's commercial real estate market, Gov. Ron DeSantis signed Florida House Bill (HB) 7031, eliminating both the State Business Rent Tax and County Surtax on commercial leases effective Oct. 1, 2025. This… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Industrial Space, Landlords

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Alexander Dudley

Antitrust Considerations for Healthcare Joint Ventures

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were… more

Acquisitions, Antitrust Provisions, Antitrust Violations, Competition, Corporate Practice of Medicine

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Patrick Duffey

Death, Taxes and Politics: The Future of Tax Policy Ahead of the 2024 Election

Private Wealth Services attorneys Patrick Duffey and Brent Berselli discuss the future of tax policy with Tax attorney Joshua Odintz ahead of the 2024 election. The attorneys provide an overview of the 2017 Tax Cuts and Jobs Act… more

Corporate Taxes, Income Taxes, Legislative Agendas, Presidential Elections, Tax Cuts and Jobs Act

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Patricia Duffy

Status and Outlook for the U.S. Department of Energy's Loan Programs Office

The Trump Administration is leveraging the U.S. Department of Energy's Loan Programs Office (LPO) as a strategic tool to catalyze private sector investment in energy infrastructure. This approach aims to enhance U.S… more

Coal, Coal Industry, Critical Infrastructure Sectors, Department of Energy (DOE), Energy Policy

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Emily Duncan

A Year-End Report for Healthcare Antitrust and What to Expect Later in 2025

As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps many… more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Enforcement Actions

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Devin Dunkley

Trump Administration Seeks to Stop Federal Enforcement of Disparate Impact Liability

President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of liability… more

Civil Rights Act, Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Priorities

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Vinh Duong

President Trump Issues New Travel Ban: 19 Countries Face Restrictions Starting June 9, 2025

President Donald Trump signed a proclamation on June 4, 2025, placing restrictions on certain foreign nationals from entering the U.S., effective June 9, 2025. President Trump cited the need to protect the U.S. from foreign… more

Foreign Nationals, Immigration Enforcement, National Security, Non-Immigrant Visas, Presidential Proclamations

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Jennifer Duplissey

Canceling the Word "Shall" in Leases, Contracts and Legal Forms

The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and arduous… more

Commercial Leases, Contract Drafting, Contract Terms, Standard Forms

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Martin Durkin

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half… more

American Arbitration Association, Arbitration, Arbitration Fees, Breach of Contract, Cal Code of Civil Procedure

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Allison Dyer

Texas Enacts New Legislation That Will Reshape Affordable Housing Finance Landscape

Texas Gov. Greg Abbott on May 28, 2025, signed House Bill 21 (HB 21) into law, marking a significant shift in how affordable housing projects in Texas can access property tax exemptions through housing finance corporations… more

Affordable Housing, Bond Financing, Borrowers, Lenders, New Legislation

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Emily Earnshaw

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Richard Eckhard

Rethinking the Landlord/Tenant Relationship in Retail

As a result of the COVID-19 pandemic, landlords/owners have frequently been forced to renegotiate leases with, or take back space from, restaurant, gym, movie theater and other retail tenants that have little to no credit and… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Amy Edwards

DOEE Proposes New Stormwater Regulations, Finalizes Revisions to Flood Hazard Rules

The D.C. Department of Energy and Environment (DOEE) issued a second proposed rulemaking (Proposed Rule) on May 30, 2025, to amend the District's Stormwater Management and Soil Erosion and Sediment Rules (Stormwater Rules)… more

Commercial Property Owners, Construction Industry, Department of Energy and Environmental Protection, Final Rules, Flooding

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Megan Ehrhart

The Tax and Trade Outlook from Washington, D.C., for Equine Businesses

As Congress shifts into gear on the budget reconciliation process and tax day approaches, there are several key issues for horse owners to keep in mind. In the 119th Congress, there are two proposals that have been reintroduced… more

Budget Reconciliation, Capital Gains, Corporate Taxes, Depreciation, Estate Tax

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Jamie Ehrlich

Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news… more

Celebrities, Commercial Use, Copyright, Copyright Litigation, Fair Use

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Cory Eichhorn

No Harm, No Foul: Seventh Circuit Again Demands Concrete Harm in FDCPA Cases

Whether there is a connection to the near end of another exciting National Basketball Association season is unknown, but in a recent ruling issued by the U.S. Court of Appeals for the Seventh Circuit, the court began its opinion… more

Appeals, Article III, Debt Collection, Debt Collectors, Dismissals

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Johnny ElHachem

Florida Enacts Disclosure Requirements for "Operations Charge" at Food Service Establishments

Florida's newly enacted Chapter 2025-113 introduces detailed disclosure requirements for automatic fees imposed by public food service establishments. The revised statute – codified at Section 509.214, Florida Statutes – aims to… more

Amended Legislation, Disclosure Requirements, Fees, Government Agencies, Hospitality Industry

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Brandon Elledge

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest… more

Burden of Proof, Damages, IP Litigation, Jury Instructions, Misappropriation

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Terry Elling

Executive Orders Issued to Overhaul FAR, Direct Procurement of Commercial Products and Services

President Donald Trump issued an executive order on federal procurement titled "Restoring Common Sense to Federal Procurement" on April 15, 2025 (the April 15 EO), directing that the Federal Acquisition Regulation (FAR) be… more

Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Brandice Elliott

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Brooke Elliott

Cross Border Prenuptial Agreements

A prenuptial agreement is entered into by a couple before marriage to address the rights and obligations that accrue in the event of a termination of the marriage by divorce or death. In the United States, there is not a uniform… more

Asset Protection, Contract Negotiations, Contract Terms, Cross-Border, Estate Planning

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Nicole Elliott

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Andrew Emerson

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget would… more

Budget Cuts, Clean Air Act, Clean Water Act, Deregulation, Enforcement Priorities

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Michael Emerson

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the Texas… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Governor Abbott, Lenders

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Alex Englander

Will Howey Progeny Stifle Ripple's Fair Notice Affirmative Defense?

In the latest chapter of the high-profile SEC v. Ripple Labs, Inc., et. al. litigation, the SEC revisits its prior attempt to strike down the defendants' due process affirmative defense. Nearly a year after the SEC failed to… more

Affirmative Defenses, Due Process, Enforcement Actions, Fair-Notice Standard, Howey

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Lindsay Allyn Enriquez

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot… more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Jonathan Epstein

Executive Order Terminates Syria Sanctions, Directs Actions to Remove Other Trade Restrictions

President Donald Trump issued an Executive Order (the EO) on June 30, 2025, terminating the U.S. government's Syria sanctions program and directing other actions that, if finalized, will revoke the vast majority of U.S. trade… more

Economic Sanctions, Executive Orders, Export Controls, Foreign Policy, International Trade

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Miguel Escobar

Foreign-Flagged Vessels Beware

Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the… more

Causation, Foreign Ownership, Liability, Maritime Transport, Negligence

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Selene Espinosa

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing… more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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Daniel Fajardo Villada

Beneficios colaborativos en casos de soborno transnacional en Colombia

El Decreto 390 de 2024, expedido por el Ministerio de Comercio, Industria y Turismo de Colombia, establece el procedimiento para que la Superintendencia de Sociedades conceda beneficios por colaboración conforme a la Ley 1778 de… more

Colombia, Cooperation, Ethics, Foreign Entities, Government Investigations

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William Farley

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half… more

American Arbitration Association, Arbitration, Arbitration Fees, Breach of Contract, Cal Code of Civil Procedure

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Robert Farlow

Inevitable Disclosure: Recognition (or Lack Thereof) Under the Defend Trade Secrets Act

Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the… more

Competition, Defend Trade Secrets Act (DTSA), Former Employee, Inevitable Disclosure Doctrine, Injunctive Relief

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Jessica Farmer

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to… more

Algorithms, Anti-Competitive, Antitrust Division, Caesars, Casinos

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Cheryl Feeley

The Government Never Dies: Ninth Circuit Upholds Government Action Rule Dismissal - Appellate Court Affirms District Court's Decision on Copycat False Claims Act Lawsuit

• A key ruling by the U.S. Court of Appeals for the Ninth Circuit will block qui tam relators from bringing copycat False Claims Act suits. • In United States ex rel. Max Bennett v. Biotronik, Inc., the Ninth Circuit held… more

Appeals, Civil Monetary Penalty, False Claims Act (FCA), Oral Argument, Qui Tam

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Ashley Feighery

CFPB Announces Updated Regulatory and Rulemaking Priorities

The CFPB released its semiannual Unified Rulemaking Agenda update on Aug. 15, 2025, outlining its rulemaking initiatives. The CFPB releases regulatory updates twice per year reflecting the agency's plans to propose, finalize or… more

Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank, Final Rules, Mortgage Servicers

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Flora Feijoo

Corte Constitucional en Colombia elimina restricciones al fuero de paternidad

La Corte Constitucional de Colombia, el 5 de diciembre de 2024, mediante Sentencia C-517 de 2024, declaró inconstitucionales las disposiciones que limitaban el fuero de paternidad únicamente a los casos en los que la mujer… more

Anti-Discrimination Policies, Colombia, Constitutional Challenges, Family Members, Federal Labor Laws

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Robin Feiner

SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules… more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Jane Feist

CMS Moves Skilled Nursing Facility Revalidation Deadline to Aug. 1

The Centers for Medicare & Medicaid Services (CMS) again has delayed the deadline for its mandatory provider revalidation program for skilled nursing facilities (SNFs), this time to Aug. 1, 2025. The change was made because only… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Final Rules, Healthcare Facilities, Medicare

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Robert Felber

U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee… more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Maddie Fenton

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping the… more

Bostock v Clayton County Georgia, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders, Gender Identity

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Andres Fernandez

FinCEN Geographic Targeting Order Imposes Additional Recordkeeping and Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 11, 2025, issued a Geographic Targeting Order (the Southwest GTO) as part of a "whole-of-government approach" to leverage all available… more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cartels, Executive Orders

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Joe Fernandez III

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Wifredo Ferrer

Importers Beware: Signals Point to Significant Enforcement Risks for Tariff Evasion

As importers await outcomes from the Trump Administration's trade negotiations, a series of newly imposed tariffs continues to impact a broad spectrum of imported products and related supply chains. Businesses are currently… more

Customs, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Stephen Fink

No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business reports… more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Michael Fiorillo

NCAA President's Proposal Resets the Playing Field

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I… more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Fair Labor Standards Act (FLSA)

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Edward Fitzgerald

Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a… more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Preferences, Commercial Bankruptcy

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Hannah Fitzgerald

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the National… more

Administrative Agencies, Administrative Law Judge (ALJ), Appellate Courts, Article II, Board Members

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Aaron Flinn

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Vincent Foley

Issues to Watch: Potential Impacts of the Trump Administration on Marine Terminal Operators

As we move into 2025 and the Trump Administration prepares to take control of the government, marine terminal operators are anxiously and optimistically awaiting resolution of the labor disputes between terminal operator… more

Automation Systems, China, Collective Bargaining Agreements (CBA), Compensation & Benefits, Cybersecurity

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M Matthew Fontane

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the Texas… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Governor Abbott, Lenders

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Gina Fonte

New York's 5 Percent Retainage Law Underscores Construction Contract Drafting

New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The… more

Amended Legislation, Construction Contracts, Contract Drafting, Contract Terms, Effective Date

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Paul Forshay

Will New Jersey Reregulate Utility Rates?

With New Jersey's gubernatorial election campaign season underway, increasingly high energy costs have become a contentious, high-profile issue. Some blame the state's focus on alternative energy over traditional fossil… more

Deregulation, Electricity, Energy Market, Energy Policy, Natural Gas

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Mark Francis

U.S. Health Data Affected by New National Security Restrictions on International Data Transfers

Health Insurance Portability and Accountability Act (HIPAA)-covered entities and business associates should be familiar with restrictions on the use or disclosure of protected health information (PHI) under HIPAA rules. Several… more

Biden Administration, Business Associates, Covered Entities, Cybersecurity Information Sharing Act (CISA), Data Privacy

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Miranda Franco

CMS Issues Final Rule for FY 2026 Inpatient and Long-Term Care Hospital Payments

The Centers for Medicare & Medicaid Services (CMS) on July 31, 2025, issued the final rule to update Medicare payment policies and rates for fiscal year 2026 under the Inpatient Prospective Payment System (IPPS) and the… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Deregulation, Digital Health, Electronic Prescribing

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Michal Freedhoff

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Kyrus Lamont Freeman

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Thomas Freeman

The Trump Administration's Expected Impact on U.S. Rail

A second Donald Trump Administration is poised to usher in notable changes in U.S. passenger and freight rail policy. During President Trump's first term, passenger rail was not a primary focus. The President-Elect's past… more

Amtrak, Department of Transportation (DOT), Federal Funding, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Leon Fresco

IRS and ICE Memorandum of Understanding Will Drive Tax Payroll Audits and Investigations

In a lawsuit filed by not-for-profit corporations serving Latino immigrants against the U.S. Secretary of the Treasury and IRS, court filings have revealed that the IRS and U.S. Department of Homeland Security (DHS), acting on… more

Audits, Criminal Liability, Criminal Prosecution, Department of Homeland Security (DHS), Employer Liability Issues

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Hillary Freund

Executive Orders Issued to Overhaul FAR, Direct Procurement of Commercial Products and Services

President Donald Trump issued an executive order on federal procurement titled "Restoring Common Sense to Federal Procurement" on April 15, 2025 (the April 15 EO), directing that the Federal Acquisition Regulation (FAR) be… more

Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Michael Frevola

China's IMO 2020 Implementation Plan Raises Issues for Vessels Using Open-Loop Scrubbers

As the maritime industry continues to adjust to the implementation of the International Maritime Organization's (IMO) 2020 global low-sulfur fuel regulations, key parts of the China Ministry of Transportation's (MOT) "2020… more

China, Fuel Standards, International Maritime Organization (IMO), Shipping, Vessels

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Michael Friedberg

Trump Administration Pauses Federal Financial Assistance

The Trump Administration issued a memorandum on Jan. 27, 2025 (the Jan. 27 memorandum), directing all federal agencies to temporarily pause the obligation or disbursement of federal financial assistance, effective Jan. 28, 2025,… more

Executive Orders, Federal Funding, Federal Grants, Government Agencies, Judicial Authority

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David Friedman

"In the Name of the Environment" Update - 13,946 Housing Units – and 200-bed Homeless Shelter – Targeted by Recent CEQA Lawsuits Filed in Los Angeles Region

Holland & Knight's West Coast Land Use and Environment Practice Group has provided an update to its "In the Name of the Environment" report, detailing California Environmental Quality Act (CEQA) lawsuits that targeted housing… more

CEQA, Environmental Policies, Homeless Issues, Infrastructure, Public Projects

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Robert A. Friedman

Status of U.S. Bilateral Trade Negotiations as the July 9 Deadline Approaches

As the July 9, 2025, end date for President Donald Trump's suspension of country-specific reciprocal tariffs draws near, stakeholders should consider where ongoing bilateral negotiations stand, what the potential outcomes may be… more

Bilateral Agreements, Imports, International Emergency Economic Powers Act (IEEPA), International Trade, Supply Chain

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Robert Friedman

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Timothy Froessel

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,… more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Amy Fuentes

Recent Decisions on Federal Agencies' Discretion to Suspend Funding, Terminate Grants

Federal grant recipients have long faced uncertainty when a change in administration brings new policy priorities. Recent decisions – both from the courts and U.S. Government Accountability Office (GAO) – provide benchmarks to… more

Administrative Procedure Act, Benchmarks, Constitutional Challenges, Department of Energy (DOE), Department of Transportation (DOT)

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Anthony Fuga

Section 101 Patent Eligibility Roundup: An Informative PTAB Decision, Squires Speaks

The Patent Trial and Appeal Board designated a recent decision as informative. In the decision, Coke Morgan Stewart, Acting Director of the U.S. Patent and Trade Office (USPTO), ended the petitioner's challenges, noting that… more

Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

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Richard Furey

District Court in Cal Dive Rules Against Vessel Owner's Challenge to Maritime Lien

The U.S. District Court for the Southern District of New York has denied a motion for summary judgment filed by a vessel owner that sought to dismiss the maritime lien claim of a provider of deck personnel. The court's ruling,… more

Contract Terms, Liens, No-Lien Clauses, Summary Judgment, Unpaid Wages

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Michael Galano

U.S. Senate Committee Unanimously Reports Brownfields Reauthorization Legislation

The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date, floor… more

Brownfield Properties, Congressional Committees, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Gemma Galeoto

Healthcare Law Update: April 2021

William F. Gould In United States v. Merino, No. 19-50291, 2021 WL 754589 (9th Cir. Feb. 26, 2021), the court of appeals reversed the conviction of Marina Merino of conspiracy to commit healthcare fraud in violation of 18 U.S.C… more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, False Claims Act (FCA), Federal Food Drug and Cosmetic Act (FFDCA)

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Annie Gamez

Florida Legislature Clarifies FCCPA to Allow Overnight Email Contact with Debtors

The Florida Legislature unanimously approved Senate Bill (SB) 232 on April 29, 2025, to update and clarify the Florida Consumer Collections Practices Act (FCCPA) by removing email communications from the list of prohibited… more

Class Action, Consumer Lenders, Consumer Protection Laws, Debt Collection, Email

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Logan Gans

Florida Gov. Ron DeSantis Signs 2025 Tax Bill into Law

Florida Gov. Ron DeSantis recently signed House Bill 7031 into law, enacting sweeping changes to Florida's tax statutes that include updates to the sales tax on commercial leases, sales tax relief, certain corporate income tax… more

Commercial Leases, Corporate Taxes, Governor DeSantis, New Legislation, Property Tax

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MacKenzie Gansert

Litigation Funding in Georgia: New Registration and Disclosure Requirements

Georgia Gov. Brian Kemp on April 21, 2025, signed into law Senate Bills (SB) 68 and 69 – Georgia's headline-grabbing tort reform bills (the Tort Reform Package). Though much has been published about the Tort Reform Package's… more

Contract Terms, Disclosure Requirements, Foreign Entities, Governor Kemp, Joint and Several Liability

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Camilo Gantiva

Nuevo proyecto de decreto para el sistema de finanzas abiertas en Colombia

La Unidad de Regulación Financiera (URF) publicó para comentarios al público una nueva versión del proyecto de decreto por medio del cual se pretende regular el sistema de finanzas abiertas en Colombia… more

Colombia, Consumer Privacy Rights, Data Privacy, Data Protection, Financial Regulatory Reform

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Denise Ganz

New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,… more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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Abbey Garber

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Esteban Garcia

Arrendamientos de corto plazo, una realidad en Colombia

En este episodio de "A Lo Legal En Par Minutos," el socio Edwin Cortés conversa con el abogado inmobiliario Esteban García-Jiméno sobre la diferencia entre los arrendamientos de vivienda a corto plazo y los servicios hoteleros… more

Colombia, Hospitality Industry, Hotels, Property Management Companies, Property Owners

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Luis Garcia

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow… more

Administrative Procedure Act, Automotive Industry, Car Dealerships, CARS Rule, Enforcement

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Claudia García

SEMARNAT publica Reglamento Interior en el DOF de México

Se publicó en el Diario Oficial de la Federación (DOF) de México el 14 de marzo de 2025, el "Decreto que expide el Reglamento Interior de la Secretaría de Medio Ambiente y Recursos Naturales" (el Reglamento). Este nuevo… more

Environmental Policies, Mexico, New Regulations

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Franciso García

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Nathaniel Gardner

DOJ Scrutinizes Financial Arrangements of Florida Physician Practice

The U.S. Department of Justice (DOJ) announced in a Nov. 12, 2024, press release that an ophthalmology practice with offices located in West Central Florida (the Provider) entered into an approximately $1.3 million settlement… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), Diagnostic Imaging Services, Enforcement Actions

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Garrett Garfield

Federal Circuit Recognizes Privilege for Communications with Non-Lawyer Patent Agent

In a significant ruling, the U.S. Court of Appeals for the Federal Circuit has recognized a new privilege shielding communications between patent applicants and their non-lawyer patent agents. The issue was one of first… more

Attorney-Client Privilege, Corporate Counsel, Patent Agent Privilege, Patent Infringement, Patent Litigation

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Rachel Gartner

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Francisco Andres Gamez-Garza

Mexico and PODECIBI: The New Regional Frontier for Investment in the Circular Economy

The "Decree granting tax benefits in the Circular Economy Development Poles for Well-Being" in Mexico was published on July 4, 2025. This decree will grant tax benefits to companies and developers that invest in the Circular… more

Circular Economy, Economic Development, Environmental Policies, Incentives, Investment

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Pedro Gassant

2025 Updates to Florida's Live Local Act

Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical… more

Affordable Housing, Florida, Housing Developers, New Legislation, Property Owners

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Jon Gaston

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Christine Fuqua Gay

Healthcare Law Update: February 2020

Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims - In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark Act… more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Diagnostic Tests

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Adrian Gay Lasa

Reforma a la Ley del Mercado de Valores en México

Se publicó en el Diario Oficial de la Federación, el 28 de diciembre de 2023, el decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley del Mercado de Valores y de la Ley de Fondos de Inversión en… more

Effective Date, Mexico, New Legislation, New Regulations, Regulatory Authority

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Benjamin Genn

FTC Defers Negative Option Rule Compliance Deadline by 60 Days

The Federal Trade Commission (FTC or Commission) on May 9, 2025, voted to defer the compliance deadline for the amended Negative Option Rule (Rule) by 60 days "given the complexities" of conforming to the amended Rule… more

Cancellation Rights, Compliance Dates, Consumer Protection Laws, Disclosure Requirements, Federal Trade Commission (FTC)

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Leila George-Wheeler

Congressional Investigations in the 119th Congress

The 119th United States Congress will begin on Jan. 3, 2025, with Republicans in control of both the House of Representatives and Senate. In the Senate, Republicans will hold 53 seats, while in the House the Republicans will… more

Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight, Corporate Counsel, Members of Congress

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Chase Germann

Tribal Tax Provisions In (and Missing From) the One Big Beautiful Bill

Signed into law by President Donald Trump on July 4, 2025, the One Big Beautiful Bill Act (OBBB) contains extensive revisions to the U.S. Internal Revenue Code (Code). (For a comprehensive analysis of the bill, see Holland &… more

Adoption, Deductions, Employee Benefits, Federal Budget, Gambling

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Sanaa Ghanim

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Danielle Giaccio

Upcoming Utilization Review Restrictions in Light of Emerging Artificial Intelligence

With the rapid development of artificial intelligence (AI), state legislatures have been attempting to keep up with the technological advancing surge. Most recently, Texas enacted Senate Bill (SB) 815, a law imposing greater… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Health Insurance, Insurance Industry

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Cynthia Gierhart

Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news… more

Celebrities, Commercial Use, Copyright, Copyright Litigation, Fair Use

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Maria Camila Gil

Ship Repairers Need to Be Wary of Warranty of Workmanlike Performance

The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than… more

Appeals, Breach of Warranty, Contract Disputes, Damages, Dispute Resolution

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Natalie Gilbert

Executive Order: President's Council of Advisors on Science and Technology

Date issued: Jan. 23, 2025 This executive order establishes the President's Council of Advisors on Science and Technology (PCAST) to provide the president with the scientific and technical information needed to inform public… more

Artificial Intelligence, Executive Orders, Innovative Technology, National Security, Technology Sector

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Tyler Gilbert

OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory… more

Advisory Opinions, Ambulatory Surgery Centers, Corporate Practice of Medicine, Department of Health and Human Services (HHS), Health Care Providers

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John Gilson

Independent Sponsors: Section 1202 Qualified Small Business Stock

The tax benefits conveyed by Section 1202 of the Internal Revenue Code to owners of qualified small business stock (QSBS) have been available to small business owners in some form since Section 1202 was first enacted in 1993… more

Acquisitions, C-Corporation, Corporate Taxes, Internal Revenue Code (IRC), Investment Funds

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Warren Gluck

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or… more

Alter Ego, Corporate Veil, Federal Maritime Commission

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Stacie Andra Goeddel

California's Hotel and Private Residence Rental Reservation Refunds Law Is Effective July 1

A new California law that enables people making hotel accommodations or short-term rentals to cancel their reservations without penalty under certain parameters becomes effective on July 1, 2024. California Senate Bill 644, the… more

AirBnB, Cancellation Rights, Health and Safety, Hospitality Industry, Hotels

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Rich Gold

President Trump Invokes National Security to Delay Mercury and Air Toxics Standards

President Donald Trump's April 8, 2025, proclamation extends the compliance deadline for the EPA's Mercury and Air Toxics Standards (MATS) by two years, from July 8, 2027 to July 8, 2029, asserting national security concerns and… more

Clean Air Act, Coal Industry, Compliance Dates, Energy Sector, Environmental Protection Agency (EPA)

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Aaron Goldberg

Media and Entertainment Industry Gets a Turn in DOJ-FTC Antitrust Hot Seat

The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held another installment of their "listening tour" on April 27, 2022,1 with a focus during this session on the media and… more

Antitrust Provisions, Department of Justice (DOJ), Entertainment Industry, Federal Trade Commission (FTC), Industry Consolidation

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Mark Goldschmidt

Veterans Day Tribute

Holland & Knight proudly recognizes those who have served in the United States military, including our own. This year's tribute showcases more than 100 Holland & Knight professionals committed to supporting veterans and their… more

Community Service, Military Service Members, Pro Bono, Veterans, Veterans Administration

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Jordan Goldstein

Corporate Transparency Act: Government Appeals Smith Case, Seeks Reporting Rule Reinstatement

Here are the latest developments in the ongoing Corporate Transparency Act (CTA) saga… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Joseph Goldstein

Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire… more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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Daniel Golub

California's 2025 Housing Laws: What You Need to Know

As in previous years, California saw a significant volume of new housing legislation emerge from Sacramento in 2024. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) This… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Permits, CEQA, Coastal Real Estate

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German Andres Gomez

Congreso de la República de Colombia aprueba en último debate reforma laboral

La Plenaria del Senado de Colombia el 17 de junio de 2025, aprobó en cuarto debate el proyecto de reforma laboral. La iniciativa pasará ahora a etapa de conciliación y aprobación final en ambas cámaras antes del 20 de junio de… more

Apprenticeships, Colombia, Contract Term, Contract Terms, Discipline

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Damián Gómez

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Enrique Gomez-Pinzon

La administración Trump anuncia aranceles de la Sección 232 sobre acero y aluminio: Perspectiva colombiana

A través de una proclamación presidencial, la administración del presidente Donald Trump, anunció el 10 de febrero de 2025 la reinstauración de un arancel del 25 por ciento sobre todas las importaciones de acero y un aumento en… more

Aluminum Sales, Colombia, Exports, Imports, International Trade

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Aldo Gonzalez

Trump Administration Announces Designation of International Cartels

U.S. President Donald Trump issued Executive Order 14157 (the EO) on Jan. 20, 2025, calling for the designation of drug cartels and other foreign organizations as foreign terrorist organizations (FTOs) or specially designated… more

Anti-Money Laundering, Cartels, Drug Trafficking, Economic Sanctions, Executive Orders

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Alex Gonzalez

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends… more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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Dennis Gonzalez

Will Howey Progeny Stifle Ripple's Fair Notice Affirmative Defense?

In the latest chapter of the high-profile SEC v. Ripple Labs, Inc., et. al. litigation, the SEC revisits its prior attempt to strike down the defendants' due process affirmative defense. Nearly a year after the SEC failed to… more

Affirmative Defenses, Due Process, Enforcement Actions, Fair-Notice Standard, Howey

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Jessica Aracely Gonzalez

Jessica Gonzalez Discusses Recent Hispanic Representation in Mainstream Media and Its Impact on Culture

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Diversity, Heritage & Culture, Leadership

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Jorge Gonzalez

Recomendaciones CNBV con relación a la revelación del impacto por el COVID-19 en México

Mediante comunicado de prensa No. 007, de fecha 23 de febrero de 2021, la Comisión Nacional Bancaria y de Valores (la CNBV) emitió una recomendación a las entidades emisoras de valores inscritos en el Registro Nacional de… more

Coronavirus/COVID-19, Corporate Governance, Corporate Issuers, Economic Downturn, Financial Reporting

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Shaun Goodfriend

Undeterred by the SolarWinds Storm: SEC Charges Victims of Compromised Software

The SEC on Oct. 22, 2024, announced charges against four companies for allegedly making materially misleading disclosures concerning the impact of cybersecurity incidents associated with the compromised SolarWinds' Orion… more

Chief Information Security Officer (CISO), Civil Monetary Penalty, Corporate Governance, Cyber Attacks, Cyber Incident Reporting

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Brian Goodrich

FTC Defers Negative Option Rule Compliance Deadline by 60 Days

The Federal Trade Commission (FTC or Commission) on May 9, 2025, voted to defer the compliance deadline for the amended Negative Option Rule (Rule) by 60 days "given the complexities" of conforming to the amended Rule… more

Cancellation Rights, Compliance Dates, Consumer Protection Laws, Disclosure Requirements, Federal Trade Commission (FTC)

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Kate Goodrich

(More) Food for Thought: Louisiana Enacts Food Product Warning Labels for 44 Chemicals

Louisiana's Senate Bill 14 introduces a first-of-its-kind QR code labeling mandate for food products containing any of 44 specified ingredients, effective Jan. 1, 2028. The legislation follows Texas Senate Bill 25, which… more

Business Strategies, Food and Drug Administration (FDA), Food Labeling, Food Safety, New Legislation

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Mark Goracke

Court Denies Request for Attorneys' Fees Against Counterclaimant with Ill-Defined Trade Secret

In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims… more

Attorney's Fees, Bad Faith, Breach of Contract, Counterclaims, Covenant of Good Faith and Fair Dealing

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Steven Gordon

Civil Rights Laws and False Claims Act: What Colleges and Universities Need to Know Now

The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws and… more

Anti-Discrimination Policies, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

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Daniel Goren

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Samson Goriola

A Summary and Early Analysis of SEC Final SPAC Rules

By vote of 3 to 2, the U.S. Securities and Exchange Commission (SEC or Commission) on Jan. 24, 2024, adopted new rules and amendments (SPAC Rules) pertaining to special purpose acquisition companies (SPACs), with the stated goal… more

Conflicts of Interest, Corporate Governance, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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Matt Gornick

ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing… more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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Doug Gosden

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's 2016… more

Bankruptcy Court, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Loans

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William Gould

DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are… more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Eugenio Grageda

Nuevos estímulos fiscales como parte del Plan México

Como parte de la estrategia nacional denominada "Plan México", el 27 de noviembre de 2024, la presidenta Claudia Sheinbaum presentó diversas acciones para promover inversiones, generar empleos y promover el desarrollo regional… more

Corporate Taxes, Economic Development, Economic Stimulus, Income Taxes, Innovative Technology

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Isabella Granucci

Eli Lilly Strikes Back Against Pharmacy Compounders and Telehealth Platforms

Telehealth companies selling compounded drugs are making modest inroads into the market for popular weight loss drugs that Big Pharma spent decades and billions of dollars to develop and bring to market. The compounded products,… more

Corporate Practice of Medicine, Drug Compounding, Eli Lilly, False Advertising, FDA Approval

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Alan Winston Granwell

A Look at the International Tax Changes in the One Big Beautiful Bill Act

The U.S. Congress has enacted the One Big Beautiful Bill Act (OBBB), formally renamed "An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14." President Donald Trump signed the legislation into law on the… more

Base Erosion and Anti-Abuse Tax (BEAT), Controlled Foreign Corporations, Excise Tax, Foreign Derived Intangible Income (FDII), Foreign Tax Credits

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Joseph Greenberg

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Chris Gregores

California Legislative Roundup 2020: Financial Services

Notwithstanding a pandemic-induced winnowing of legislative priorities this year, California has passed a handful of new bills to regulate discrete areas of the financial services industry, including student loan servicing, debt… more

Administrative Authority, CARES Act, Consumer Financial Products, Coronavirus/COVID-19, Debt Collectors

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George Gregores

West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented… more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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Emily Griffin

Trump Administration Seeks to Stop Federal Enforcement of Disparate Impact Liability

President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of liability… more

Civil Rights Act, Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Priorities

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Gordon Griffin

GSA Updates Proposed Sale of Government-Owned Properties Throughout the Country

As discussed in a previous Holland & Knight alert, the U.S. General Services Administration (GSA) is seeking to dispose of a substantial portion of its owned inventory. On March 24, 2025, GSA released a new list of properties… more

Commercial Real Estate Market, General Services Administration (GSA), Government Agencies, Investors, Public Property

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Katharine Griffiths

House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will… more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Michael Grill

Eleventh Circuit Confirms Scope of Original Jurisdiction Under Class Action Fairness Act

In Wright Transportation, Inc. v. Pilot Corporation, et al., the U.S. Court of Appeals for the Eleventh Circuit considered whether a district court retains original jurisdiction over state law claims following the dismissal of… more

Appeals, CAFA, Corporate Counsel, Original Jurisdiction, Subject Matter Jurisdiction

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Michael Gropper

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the… more

Car Accident, Class Certification, Dismissal With Prejudice, Double Damages, Halifax Hospital

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Matthew Grosack

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends… more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

See all updates »

Andrew Grumet

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping the… more

Bostock v Clayton County Georgia, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders, Gender Identity

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Joseph Guay

COVID-19 and Insurance Coverage: A Follow-Up Look at Recent Developments

The ongoing adjustments from the COVID-19 pandemic continue to affect businesses in a variety of ways. In the days since Holland & Knight's previous alert on the potential impact that the crisis could have on a wide range of… more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19

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Michelle Guevara

Nueva Circular Externa 100-000003 de 2023 Superintendencia de Sociedades de Colombia

La Superintendencia de Sociedades de Colombia publicó la Circular Externa 100-000003 del 11 de septiembre de 2023 (la Circular), por medio de la cual: 1) modificó los plazos para la presentación del Informe 42-Prácticas… more

AML/CFT, Anti-Corruption, Anti-Terrorism Financing, Chief Compliance Officers, Colombia

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Jose Gutierrez

Addition to Consumer Law Regarding Impleadment in Colombia

Through Colombia's Law 2444 of 2025, a new paragraph has been added to Article 58 of Law 1480 of 2011. This change allows the use of impleader (llamamiento en garantía) in the tourism sector, helping consumers claim compensation… more

Consumer Protection Laws, Refunds, Regulatory Requirements, Tourism, Transportation Industry

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Catalina Gutiérrez

Podcast - Betty... embargaron Ecomoda

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés y Catalina Gutiérrez, abogada de litigios, conversan sobre una línea argumental de la telenovela colombiana "Betty la Fea" en la que se hace evidente el… more

Banking Sector, Business Entities, Colombia, Commercial Litigation, Corporate Governance

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Ernesto Guzmán

Se fijan nuevas reglas comerciales en el mercado mayorista de gas natural en Colombia

La Comisión de Regulación de Energía y Gas (CREG) el 6 de febrero de 2025, expidió la Resolución CREG 102 015 de 20251, que deroga las resoluciones CREG 136 de 2014, 186 de 2020 y 102 013 de 2024, normas que hasta la fecha… more

Clean Energy, Energy Policy, Energy Projects, Energy Sector, Green Energy

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Jeffrey Haas

FDIC Proposes Significant Revisions to Brokered Deposit Regulations

The Federal Deposit Insurance Corporation (FDIC) announced a proposed rule that would revise brokered deposit regulations promulgated under Section 29 of the Federal Deposit Insurance Act… more

Asset Management, Broker-Dealer, Brokered Deposits, Comment Period, Depository Institutions

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Robert Haight Jr.

West Coast Real Estate Update: August 27, 2019

In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant, represented… more

Commercial Leases, Defense Strategies, Disparate Impact, Fair Housing Act (FHA), HUD

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Julia Haines

Texas Oil's Future: Between Biden's Ban and Trump's Promises

With just days remaining in office, President Joe Biden has cast uncertainty over President-Elect Donald Trump's campaign promises of U.S. energy dominance. On Jan. 6, 2025, President Biden announced an executive action to… more

Biden Administration, Climate Change, Energy Policy, Energy Projects, Energy Sector

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Wynter Haley Scott

SEC Continues Use of Data Analytics to Aid Enforcement Investigations

The U.S. Securities and Exchange Commission (SEC) charged nine individuals with insider trading in three separate actions on July 25, 2022, alleging the misconduct resulted in ill-gotten gains totaling more than $6.8 million… more

Analytics, Bank Secrecy Act, Department of Justice (DOJ), Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

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Peter Hall

Supreme Court Upholds Ruling That FLSA Overtime Exemption Does Not Cover Highly Paid Rig Worker

In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)… more

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

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David Haller

Federal and Florida Officials Discuss Enforcement Priorities, How Companies Can Minimize Risk

Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current federal… more

Compliance, Cooperation, Corporate Misconduct, Cyber Attacks, Department of Justice (DOJ)

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Gregory Hallmark

GAO Annual Report FY 2024: A Return to Business as Usual

The U.S. Government Accountability Office (GAO) 2024 Annual Report (Report) on bid protests provides a comprehensive overview of the trends, statistics and key issues in government procurement challenges over fiscal year (FY)… more

Annual Reports, Bid Protests, Contract Disputes, Federal Contractors, Federal Procurement Systems

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Jonathan Halpern

Corporate Transparency Act: New Hold on BOI Penalties and Reporting

In a bombshell release issued on Feb. 27, 2025, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced that it will not impose any fines or penalties or take any other enforcement actions… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, FinCEN, Reporting Requirements

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Todd Hambidge

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies… more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

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Chris Hamilton

A Look at the CTA's Subsidiary Exemption as Applied to CMBS Special Purpose Entities

The Corporate Transparency Act (CTA) requires certain domestic and foreign entities, called "reporting companies," to file a beneficial ownership information (BOI) report – which provides information about their owners,… more

Beneficial Owner, Commercial Property Owners, Compliance, Corporate Governance, Corporate Transparency Act

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Rolland Hampton

FDIC Proposes Significant Revisions to Brokered Deposit Regulations

The Federal Deposit Insurance Corporation (FDIC) announced a proposed rule that would revise brokered deposit regulations promulgated under Section 29 of the Federal Deposit Insurance Act… more

Asset Management, Broker-Dealer, Brokered Deposits, Comment Period, Depository Institutions

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L. Bradley Hancock

Brad Hancock Shares How Understanding Cultural Backgrounds Strengthens Leadership

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Employee Rights, Employee Training

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Tye Hancock

Distressed Investing in Energy: Strategies and Risks in a Nutshell

From a U.S. bankruptcy perspective, distressed debt investing is often based on two fundamental principles in the bankruptcy system: 1) a secured creditor is entitled to the value of its collateral in a given bankruptcy case… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debt Securities

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Carrol Hand

Trump and the Federal Maritime Commission: Impacts of a New Administration

Significant changes are expected at the Federal Maritime Commission (FMC), the bipartisan body tasked with regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers and consumers… more

Exporters, Federal Maritime Commission, Government Agencies, Importers, International Trade

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John Haney

A Look at New California Labor and Employment Laws for 2025

The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated… more

Anti-Discrimination Policies, Corporate Counsel, Exempt-Employees, FEHA, General Meetings

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Daniel Hanlon

USAID Provides COVID-19 Guidance to Partners and Contractors

Federal contractors, grantees and cooperative agreement holders performing work overseas face enormous and broad-ranging challenges related to their work and the impacts of the coronavirus (COVID-19) pandemic. These include… more

Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Federal Contractors, New Guidance

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Michael Hantman

DOJ Announces New Policies and Priorities in Prosecution of White Collar Crime

The U.S. Department of Justice (DOJ or Department) announced on May 12, 2025, new investigative and policy priorities, as well as changes to current DOJ guidance, that could have a significant impact on the prosecution of white… more

Anti-Money Laundering, China, Cooperation, Corporate Misconduct, Department of Justice (DOJ)

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Katherine Hantson

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Mark Haranzo

Cross Border Prenuptial Agreements

A prenuptial agreement is entered into by a couple before marriage to address the rights and obligations that accrue in the event of a termination of the marriage by divorce or death. In the United States, there is not a uniform… more

Asset Protection, Contract Negotiations, Contract Terms, Cross-Border, Estate Planning

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Craig Harasimowicz

Independent Sponsors: Section 1202 Qualified Small Business Stock

The tax benefits conveyed by Section 1202 of the Internal Revenue Code to owners of qualified small business stock (QSBS) have been available to small business owners in some form since Section 1202 was first enacted in 1993… more

Acquisitions, C-Corporation, Corporate Taxes, Internal Revenue Code (IRC), Investment Funds

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Peter Hardy

IRS and ICE Memorandum of Understanding Will Drive Tax Payroll Audits and Investigations

In a lawsuit filed by not-for-profit corporations serving Latino immigrants against the U.S. Secretary of the Treasury and IRS, court filings have revealed that the IRS and U.S. Department of Homeland Security (DHS), acting on… more

Audits, Criminal Liability, Criminal Prosecution, Department of Homeland Security (DHS), Employer Liability Issues

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Peter Hargitai

Controversial CFPB Rule Exposes Financial Services Companies to Greater Class Action Risk

Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers into arbitration to avoid class action… more

Arbitration, Arbitration Agreements, Banks, Class Action, Class Action Arbitration Waivers

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Katrisha Harris

A Look at the CTA's Subsidiary Exemption as Applied to CMBS Special Purpose Entities

The Corporate Transparency Act (CTA) requires certain domestic and foreign entities, called "reporting companies," to file a beneficial ownership information (BOI) report – which provides information about their owners,… more

Beneficial Owner, Commercial Property Owners, Compliance, Corporate Governance, Corporate Transparency Act

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Tamra Harris

HHS Publishes Final Rule Governing Healthcare Conscience Protections

On Jan. 11, 2024, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published its 2024 Final Rule governing healthcare conscience protections, "Safeguarding the Rights of Conscience as Protected… more

Abortion, Affordable Care Act, Anti-Discrimination Policies, Compliance, Department of Health and Human Services (HHS)

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Ashley Hart

U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise when… more

Colleges, Compliance, Dear Colleague Letter, Department of Education, Enforcement Priorities

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Sarah Hartsfield

Podcast - What Healthcare Providers Should Be Telling Students and Interns About HIPAA and Snooping

In the second episode of a "Florida Capital Conversations" mini-series on healthcare privacy, Tallahassee healthcare attorneys Shannon Hartsfield and Eddie Williams focus on Health Insurance Portability and Accountability Act… more

Data Privacy, Electronic Protected Health Information (ePHI), Health Insurance Portability and Accountability Act (HIPAA), Healthcare Workers, Internships

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Shannon Britton Hartsfield

HIPAA Privacy and the Luigi Mangione Prosecution

It is not common for issues related to the Health Insurance Portability and Accountability Act (HIPAA) to make headlines, particularly in a murder case. HIPAA has recently been the subject of court filings in People v. Luigi… more

Covered Entities, Criminal Prosecution, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Robb Harvey

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies… more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

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Nicholas Hasenfus

Transit Agency Advertising: Reasoned Approach Needed for Evaluating Political Ads

There's likely no mode of transportation that President-Elect Joe Biden savors more than public rail. A September 2020 ruling by the U.S. Court of Appeals for the Third Circuit holding the Southeastern Pennsylvania… more

Advertising, Advertising Standards Authority, Appeals, Biden Administration, First Amendment

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Kristian Havard

FAA Reauthorization Act Creates PFAS Replacement Program for Airports

President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is… more

Airports, Department of Defense (DOD), Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), Infrastructure

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Jason Havens

NCAA President's Proposal Resets the Playing Field

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I… more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Fair Labor Standards Act (FLSA)

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Lisa Hawke

One Big Beautiful Bill Act Includes $50 Billion Rural Health Transformation Program

President Donald Trump signed H.R. 1, known as the One Big Beautiful Bill Act (OBBB), into law on July 4, 2025. (For a detailed analysis of the bill, see Holland & Knight's previous alert, "Trump Signs the One Big Beautiful Bill… more

Centers for Medicare & Medicaid Services (CMS), Federal Funding, Health Care Providers, Health Information Technologies, Healthcare

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Ryan Hawks

5 Key Takeaways from Panel Discussion with the California Office of Health Care Affordability

Holland & Knight hosted a virtual roundtable discussion on Nov. 4, 2024, with an esteemed panel featuring Sheila Tatayon, assistant deputy director of Health Systems Compliance and chief counsel for California's Office of Health… more

Administrative Agencies, Administrative Procedure, Administrative Review, Approval Requirements, Confidential Information

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Anna Hayes

DOJ Antitrust Division Announces Whistleblower Rewards Program

On July 8, 2025, the Antitrust Division of the U.S. Department of Justice (DOJ), in partnership with the United States Postal Service (USPS) and U.S. Postal Service Office of Inspector General (USPS OIG), announced the launch of… more

Antitrust Division, Antitrust Violations, Bid Rigging, Criminal Investigations, Enforcement Priorities

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Kelsey Hayes

DoD Publishes Organization-Defined Parameters for NIST SP 800-171 Rev. 3

The U.S. Department of Defense (DoD) recently issued a memorandum signaling that defense contractors soon will be required to comply with new cybersecurity compliance requirements. The memorandum establishes… more

Controlled Unclassified Information (CUI), Cybersecurity, Defense Contracts, Defense Sector, Department of Defense (DOD)

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Megan Healy Schmid

Retail Reboot: Common Mistakes to Avoid When Evicting Tenants

When managing commercial real estate, landlords must navigate a complex array of legal, financial and operational challenges to protect their investments and ensure smooth tenant relationships. However, a series of common… more

Co-Tenants, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants

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Christian Hecht

Court Evaluates Evidence of a Trade Secret's Independent Economic Value

Information must be "secret" or not generally known to have value as a trade secret, and value cannot be based upon general company revenue or sales price alone. As a result, owners of trade secrets must take reasonable efforts… more

Misappropriation, Trade Secrets, Value Statements

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Sandra Heller

Understanding Trends and Challenges in the Behavioral Health Sector

In this episode of "Counsel That Cares," healthcare litigation attorneys Sandra Heller and Jennifer Weaver discuss behavioral health sector trends, providing insights from the commercial and government perspectives. Ms. Heller… more

Health Care Providers, Healthcare Facilities, Mental Health, Physicians

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Kelly Hellmuth

Impact of the One Big Beautiful Bill Act on Tax-Exempt Organizations

President Donald Trump signed into law the One Big Beautiful Bill Act (OBBB) on July 4, 2025, marking a victory for his administration's ability to advance major policy priorities in his second term domestic agenda, including… more

Charitable Organizations, Colleges, Donors, Educational Institutions, Excise Tax

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A. André Hendrick

Guidelines for Seeking Damages in Dispossessory Actions in Georgia Magistrate Court

Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court – is… more

Appellate Courts, Counterclaims, Damages, Jurisdiction, State Courts

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Jennifer Hernandez

Court Upholds City's Reliance on CEQA Exemption, Reaffirms Canons of Statutory Interpretation

In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot adjacent to Highway 101 and… more

Appeals, CA Supreme Court, CEQA, Commercial Real Estate Market, Environmental Assessments

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Jorge Hernandez-Toraño

Jorge Hernandez-Toraño Talks About the Importance of Moving the Needle Forward for Hispanics

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Civil Rights Act, Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Employee Rights

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Julia Hesse

Implementing NIH's New Grant Requirements

The National Institutes of Health (NIH) on April 21, 2025, published a notice (the NIH Notice) updating the civil rights provisions of the NIH Grants Policy Statement and creating new requirements that federally funded research… more

Anti-Discrimination Policies, Civil Rights Act, Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), False Claims Act (FCA)

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Lauri Hettinger

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing… more

Critical Infrastructure Sectors, Domestic Corporations, Drinking Water, Environmental Protection Agency (EPA), Federal Funding

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Edward Hickey

Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a safe… more

Affordable Housing, Fair Market Value, LIHTC, Low Income Housing, Nonprofits

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Loren Kessler Higgins

California Revives De Minimis Lender License Exemption

In California, any person engaging in the business of a finance lender or broker must obtain a license from the commissioner of the Department of Financial Protection & Innovation. The California Finance Code defines "finance… more

Brokers, Department of Financial Protection and Innovation (DFPI), Exemptions, Finance Lender, Governor Newsom

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Ashleigh Higgs

USTR Announces Streamlined Notice of Action to Counter Chinese Dominance in the Maritime Sector

The U.S. Trade Representative (USTR) on April 17, 2025, announced its long-awaited final proposed measures to combat China's dominance in the maritime sector by imposing fees on Chinese-linked ships. Public criticism of new… more

China, Executive Orders, Fees, International Trade, Maritime Transport

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Robert Highsmith Jr.

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not Entitled to Immunity from Federal Antitrust Law Unless They Are Actively Supervised by the State

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state… more

Antitrust Litigation, Dentists, Federal Trade Commission (FTC), Immunity, Licensing Rules

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Ross Hildabrand

Religious Institutions Update: November 2024

Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal police… more

Anti-Discrimination Policies, Churches, Constitutional Challenges, Free Exercise Clause, Free Speech

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Brent Hill

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the recent… more

Acquisitions, Antitrust Provisions, Best Practices, Corporate Practice of Medicine, Department of Justice (DOJ)

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Jason Hill

U.S. Nuclear Regulatory Commission Moves Forward with NEPA Overhaul

The U.S. Nuclear Regulatory Commission (NRC or Commission) issued a Staff Requirements Memorandum (SRM) on July 28, 2025, directing NRC staff to proceed with rulemaking to implement the National Environmental Policy Act (NEPA)… more

Energy Sector, Environmental Impact Statements, Environmental Policies, Executive Orders, NEPA

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Robert Hill

New Artificial Intelligence Executive Order Contains Numerous Healthcare Implications

President Joe Biden on Oct. 30, 2023, signed a sweeping executive order (EO) and invoked the Defense Production Act to establish the first set of standards for using artificial intelligence (AI) in healthcare and other… more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Defense Production Act

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Thomas Hill

A Look at New California Labor and Employment Laws for 2025

The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated… more

Anti-Discrimination Policies, Corporate Counsel, Exempt-Employees, FEHA, General Meetings

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Leizl Hinajon

Government Agencies Work to Flatten the Curve by Taking Over Hotels

From the national travel ban to the shelter-in-place orders issued by many states and municipalities, the COVID-19 quarantine has had a major impact on the travel industry. While hotels struggle with low occupancy rates and… more

Coronavirus/COVID-19, First Responders, Governor Newsom, Healthcare Workers, Hospitals

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Bess Hinson

Religious Institutions Update: May 2025

Federal Trade Commission Protects Worship Location Data Shannon Britton Hartsfield and Bess Hinson-Greenspan Recent Federal Trade Commission (FTC) enforcement activity signals that companies need to protect consumer location… more

Data Brokers, Employment Discrimination, Enforcement Actions, Federal Trade Commission (FTC), Free Appropriate Public Education (FAPE)

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Jerome Hoffman

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply… more

Antitrust Provisions, Biden Administration, Competition, Contract Drafting, Contract Terms

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Greg Hoffnagle

A Regulatory Assessment of AI Performance Guarantees

With the warranty industry evolving in the U.S., companies seeking to modernize conventional warranties by leveraging advanced technologies such as artificial intelligence (AI) are faced with unique regulatory questions and… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Best Practices, Contract Terms

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Emily Holpert

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to… more

Biometric Information, California Consumer Privacy Act (CCPA), Consent, Covered Entities, Data Collection

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Alexander Holtan

Up in the Air: Congress Nullifies Clean Air Act Waivers for California

In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'… more

Automotive Industry, California, Clean Air Act, Congressional Review Act, Electric Vehicles

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Anna Honig

The Implications and Scope of the NAIC Model Bulletin on the Use of AI by Insurers

The National Association of Insurance Commissioners' (NAIC) model bulletin governing the use of artificial intelligence (AI) by insurers provides guidance on the legal and ethical use of AI within the insurance industry,… more

Algorithms, Artificial Intelligence, Enforcement Authority, Ethics, Insurance Industry

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Stacy Hooper

Excessive Fee Cases: Not Just for Retirement Plans Anymore

A recent wave of cases has attempted to apply the theory of liability for retirement plan excessive fee cases to health plans – specifically, arrangements with pharmacy benefit managers. Though the cases thus far have been… more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Excessive Fees

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John Hoover

Phasedown of Bonus Depreciation for Aircraft Begins in 2023

This Holland & Knight alert explains the phasedown of bonus depreciation for aircraft beginning in 2023. Through 2022, bonus depreciation has been allowed for 100 percent of the cost of qualifying property (which generally… more

Aircraft, Bonus Depreciation, Depreciation, Internal Revenue Code (IRC)

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Cara Houck

Little-Known Chicago Rental Ordinance Amendment Impacts Unsuspecting Foreclosing Lenders

A foreclosing lender must offer existing Chicago tenants a new 12-month lease or pay them a substantial $10,600 relocation fee – and the tenant can decide which one to choose. This 2021 amendment to the Keep Chicago Renting… more

Amended Legislation, Foreclosure, Local Ordinance, Mortgage Lenders, Mortgages

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Kevin Houlihan

Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall… more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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Bradley Houser

Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions… more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Bryan Howard

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Caroline Howard

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Leonie Huang

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends… more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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Bart Huffman

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was engaged… more

Attorney's Fees, Criminal Prosecution, Damages, Data Collection, Data Privacy

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Dennis Russell Hughes

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Stephen Humes

FERC Chairman Chides PJM Over Preemption Dispute on Regional Transmission Project

During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval… more

Constitutional Challenges, Devon Energy Production v Sheppard, Energy Projects, FERC, PJM

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Joshua Husbands

Maximize Your Legacy: Take Advantage of the High Estate and Gift Tax Exemption Sunset

As part of the Tax Cuts and Jobs Act (TCJA), the estate and gift tax exemption was doubled for tax years 2018-2025. In 2018, the exemption doubled from $5.49 million in 2017 to $11.18 million in 2018, and that amount has been… more

Estate Planning, Gift Tax, Gift-Tax Exemption, High Net-Worth, Income Taxes

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Jose Ricardo Ibarra Cordova

Nuevos estímulos fiscales como parte del Plan México

Como parte de la estrategia nacional denominada "Plan México", el 27 de noviembre de 2024, la presidenta Claudia Sheinbaum presentó diversas acciones para promover inversiones, generar empleos y promover el desarrollo regional… more

Corporate Taxes, Economic Development, Economic Stimulus, Income Taxes, Innovative Technology

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Katie Inman

Drone Beyond Line of Sight Proposed Rule: Top 10 Things You Need to Know

U.S. Department of Transportation (DOT) Secretary Sean Duffy on Aug. 5, 2025, unveiled a proposed rule, "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" (BVLOS), to further the integration of… more

Beyond Visual Line Of Sight (BVLOS), Comment Period, Department of Transportation (DOT), Drones, Federal Aviation Administration (FAA)

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Lindsay Jacques Irving

Celebrating Mentorship's Powerful Impact on Professional and Personal Growth

This January, we honor the mentors who dedicate their time to empowering fellow professionals and attorneys. At Holland & Knight, mentorship is an integral part of our culture. We pair our lawyers to ensure they receive ongoing… more

Career Development, Mentors, Professional Development, Young Lawyers

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Morgan Ivey

Podcast - Navigating the Rapid Growth of the Med Spa Industry

In this episode of "Counsel That Cares," Healthcare Transactions attorney Morgan Ivey and Skytale Group President and Head of Consulting Annie Robertson Hockey discuss the rapidly expanding medical spa (med spa) and aesthetics… more

Acquisitions, Business Development, Mergers, Regulatory Requirements, Revenue Growth

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Janene Jackson

Challenge to D.C. Gas Station Law Motors On

A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round… more

Constitutional Challenges, Gas Stations, Moratorium, Oil & Gas, Property Owners

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Sam Jacobs

5 Key Takeaways from Panel Discussion with the California Office of Health Care Affordability

Holland & Knight hosted a virtual roundtable discussion on Nov. 4, 2024, with an esteemed panel featuring Sheila Tatayon, assistant deputy director of Health Systems Compliance and chief counsel for California's Office of Health… more

Administrative Agencies, Administrative Procedure, Administrative Review, Approval Requirements, Confidential Information

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Kharissa Jacobsen

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Monika Jain

How the CARES Act Benefits Individual Taxpayers

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, is a $2 trillion economic stimulus measure to address the economic fallout of the coronavirus pandemic. It provides… more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Robert Jain

The European Union's AI Act: What You Need to Know

As the general public's awareness about the widespread application of artificial intelligence (AI) and machine learning technologies has skyrocketed in recent years, so, too, has demand for ethical safeguards and transparency… more

Artificial Intelligence, EU, European Commission, Machine Learning, Member State

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Andrea James

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the National… more

Administrative Agencies, Administrative Law Judge (ALJ), Appellate Courts, Article II, Board Members

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Daniel Janovitz

Congress Releases Revised Conference Bill on Tax Reform - A Look at How It Compares with Earlier House and Senate Bills

Congress released the "Tax Cuts and Jobs Act" on late Friday evening, Dec. 15, 2017. This version of the bill is the result of a conference committee process to marry the different bills previously passed by the U.S. House of… more

Alternative Minimum Tax, Business Taxes, Capital Gains, Carried Interest, Corporate Taxes

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Madison Jaros

EEOC Update Clarifies Guidance on Mandating and Incentivizing COVID-19 Vaccination

This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The U.S. Equal Employment Opportunity Commission (EEOC)… more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), GINA

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Eddie Jauregui

DOJ Announces New Policies and Priorities in Prosecution of White Collar Crime

The U.S. Department of Justice (DOJ or Department) announced on May 12, 2025, new investigative and policy priorities, as well as changes to current DOJ guidance, that could have a significant impact on the prosecution of white… more

Anti-Money Laundering, China, Cooperation, Corporate Misconduct, Department of Justice (DOJ)

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Bob Jaworski

New Jersey Financial Services Legislative Update

This alert is part of Holland & Knight's Garden State Initiative, a firmwide effort to enhance coordination among attorneys, clients and professional networks with ties to New Jersey to foster greater collaboration across… more

Agricultural Land, Commercial Property Owners, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reporting Agencies

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Kenneth Jenero

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior 2020… more

Effective Date, Employer Liability Issues, Franchises, Joint Employers, New Rules

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Megan Mocho

DOJ Antitrust Division Announces Whistleblower Rewards Program

On July 8, 2025, the Antitrust Division of the U.S. Department of Justice (DOJ), in partnership with the United States Postal Service (USPS) and U.S. Postal Service Office of Inspector General (USPS OIG), announced the launch of… more

Antitrust Division, Antitrust Violations, Bid Rigging, Criminal Investigations, Enforcement Priorities

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Adolfo Jimenez

Discovery in International Arbitration: The Ever-Expanding Scope

Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution. In… more

Appeals, Arbitration, Commercial Arbitration, Contract Disputes, Cross-Border

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Angela Jimenez

What Recipients Need to Know If a Federal Grant is Terminated by the Government

As Holland & Knight previously discussed, the Trump Administration issued an executive order (EO) on Feb. 26, 2025, implementing the U.S. Department of Government Efficiency's (DOGE) "cost efficiency initiative" that (among… more

Administrative Procedure Act, Contract Termination, Department of Government Efficiency (DOGE), Executive Orders, Federal Contractors

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Daniel Jimenez

New 2021 Rules Issued by the International Centre for Dispute Resolution (ICDR)

The amended International Dispute Resolution Procedures (the Rules) of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), entered into effect on… more

Amended Rules, American Arbitration Association, Arbitration, ICDR, International Arbitration

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Kristen Jimenez

FinCEN Geographic Targeting Order Imposes Additional Recordkeeping and Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 11, 2025, issued a Geographic Targeting Order (the Southwest GTO) as part of a "whole-of-government approach" to leverage all available… more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cartels, Executive Orders

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Sophie Jin

Importers Beware: Signals Point to Significant Enforcement Risks for Tariff Evasion

As importers await outcomes from the Trump Administration's trade negotiations, a series of newly imposed tariffs continues to impact a broad spectrum of imported products and related supply chains. Businesses are currently… more

Customs, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Matt Joe

Changes Coming to Filing Requirements for Security Deeds in Georgia

A new Georgia law changes the information required on security deeds and will help Superior Court clerks clear backlogs in the state's larger counties while making the filing process more efficient. Starting in July 2023,… more

Deeds, Drafting Attorney, Filing Requirements, New Legislation

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Kate Joffe

Federal Court Ruling Increases Trial Court Ability to View Documents on Motion to Dismiss

A panel from the U.S. Court of Appeals for the Eleventh Circuit that covers the states of Florida, Georgia and Alabama issued a decision on July 12, 2024, that clarified what a trial court can rely on in deciding a motion to… more

Appellate Courts, Evidence, Excessive Force, Incorporation by Reference, Judgment on the Pleadings

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Ronnie Johnson

Simplifying Pennsylvania Insurance Provider Licensing Requirements

Pennsylvania Gov. Josh Shapiro signed into law Senate Bill No. 1241 on Oct. 31, 2024, which modifies the Insurance Department Act of 1921 by simplifying licensing under the Insurance Producer Licensing Act (the Act)… more

Continuing Education, Insurance Agents, Insurance Brokers, Insurance Industry, License Renewals

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Michael Jones

Delaware Supreme Court: Permissive Business Judgment Rule Applies to Corporate Conversions

everal 2024 decisions by the Delaware Court of Chancery led some prominent corporate leaders to express frustration over perceived increased liability standards for corporate officers and directors, even publicly advising new… more

Board of Directors, Business Judgment Rule, Corporate Conversions, Corporate Governance, Corporate Officers

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Sakinah Jones

HHS Finalizes Key Information Blocking Exceptions

The finalization of information blocking exceptions were announced just in the "St. Nick" of time by the U.S. Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy (ASTP), formerly known as the… more

Compliance, Department of Health and Human Services (HHS), Electronic Medical Records, Electronic Protected Health Information (ePHI), Exceptions

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Brianna Jones Rich

Status and Outlook for the U.S. Department of Energy's Loan Programs Office

The Trump Administration is leveraging the U.S. Department of Energy's Loan Programs Office (LPO) as a strategic tool to catalyze private sector investment in energy infrastructure. This approach aims to enhance U.S… more

Coal, Coal Industry, Critical Infrastructure Sectors, Department of Energy (DOE), Energy Policy

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Connor Jordan

IRS Section 457(f) Plans: An Update Amid Regulatory Uncertainty

Section 457(f) of the U.S. Internal Revenue Code provides a framework for nonqualified deferred compensation arrangements commonly offered by tax-exempt and governmental employers. These plans are frequently used to recruit and… more

Benefit Plan Sponsors, Employee Benefits, Excise Tax, Executive Compensation, Federal Trade Commission (FTC)

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Kayla Joyce

SEC Feels the Heat

Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of… more

Appellate Courts, Broker-Dealer, Disclosure Requirements, Disgorgement, Form ADV

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Nicholas Kaasik

BIMCO's New USTR Clause for Time Charter Parties 2025: Key Takeaways for Owners and Charterers

The Baltic and International Maritime Council (BIMCO) on July 22, 2025, published a standard clause for time charter parties to address contractual uncertainties arising from the U.S. Trade Representative's (USTR) recent actions… more

Charter, China, Contract Terms, Fees, International Maritime Organization (IMO)

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Justin Kadoura

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York… more

Acquisitions, Antitrust Division, Antitrust Provisions, Compliance, Department of Justice (DOJ)

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Robert Kaler

Proposed COVID-19-Related Business Interruption and Property Loss Insurance Legislation

Recent claims by private businesses seeking to recover coronavirus-related (COVID-19) losses under their business interruption and property insurance policies have typically been denied by their insurers based on the rationale… more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage

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Mark Kalpin

FERC Chairman Chides PJM Over Preemption Dispute on Regional Transmission Project

During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval… more

Constitutional Challenges, Devon Energy Production v Sheppard, Energy Projects, FERC, PJM

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Shaina Kamen

Not So Cryptic: IRS Increases Oversight on Cryptocurrency Income Tax Reporting Requirements

Cryptocurrency has revolutionized the financial markets but also created tax traps for the unwary investor. Building on proposed regulations issued last year, the IRS recently increased its oversight of cryptocurrency… more

Charitable Donations, Cryptocurrency, Digital Assets, Fair Market Value, FBAR

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Sydney Kanjuparamban

Healthcare Law Update: October 2021

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a… more

Abuse of Discretion, Anti-Kickback Statute, Appeals, Attorney-Client Privilege, Comment Period

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Daniel Kappes

California Law Bans Hidden Fees for Goods and Services Starting July 1, 2024

California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate "drip… more

Advertising, Civil Code, Consumers Legal Remedies Act, Corporate Counsel, False Advertising

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Aron Karabel

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has… more

Biden Administration, Employee Benefits, Enforcement Actions, NLRA, NLRB

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Dimitrios Karakitsos

EPA Extends TSCA Reporting Submission Deadline for 16 Substances

The U.S. Environmental Protection Agency (EPA) finalized a rule to extend the deadline for manufacturers and importers of 16 chemicals to report certain unpublished health and safety studies to the EPA as required by a December… more

Chemicals, Environmental Protection Agency (EPA), Filing Deadlines, Final Rules, Manufacturers

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Michael Karlin

Registration Opens for Information on Trump Gold Card Residency Permit

As of June 12, 2025, individuals and businesses can register to receive information on the Trump Gold Card – a proposed alternative or possible replacement to the EB-5 visa, also known as the Immigrant Investor Visa… more

EB-5, Immigrant Investment Visas, Immigration Procedures, Internal Revenue Code (IRC), IRS

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Jennifer Karpchuk

Washington State Budget Triggers Higher Business, Capital Gains and Estate Taxes in 2025

Thanks to three primary revenue bills that were signed into law earlier this year, taxes are going up in the state of Washington, in particular for large service businesses, estates and individuals earning capital gains… more

Business Taxes, Capital Gains, Estate Tax, New Legislation, Retail Sales

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Nora Katz

Not Selected in the H-1B Cap Lottery? There Are Other Immigration Options to Consider

U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of available… more

E-3, Employee Transfers, Foreign Workers, Green Cards, H-1B

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Lawrence Kemm

IRS Authority to Assess Certain Foreign Information Return Penalties Restored by D.C. Circuit

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on May 3, 2024, reversed the U.S. Tax Court (USTC) in Alon Farhy v. Commissioner, No. 23-1179 (D.C. Cir. May 3, 2024) by holding that foreign-related… more

Administrative Procedure, Appeals, Enforcement Authority, Foreign Corporations, Foreign Tax

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Wade Kennedy

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the Texas… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Governor Abbott, Lenders

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John Kern

Eli Lilly Strikes Back Against Pharmacy Compounders and Telehealth Platforms

Telehealth companies selling compounded drugs are making modest inroads into the market for popular weight loss drugs that Big Pharma spent decades and billions of dollars to develop and bring to market. The compounded products,… more

Corporate Practice of Medicine, Drug Compounding, Eli Lilly, False Advertising, FDA Approval

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Lindsey Kernan

Tax Consequences of a Natural Disaster

Between wildfires such as the ones in Southern California earlier this year and hurricanes and other major storms experienced by other parts of the country annually, there is no shortage of natural disasters affecting people and… more

Estate Planning, Federal Taxes, Insurance Claims, Natural Disasters, Property Damage

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Allison Kernisky

SEC Feels the Heat

Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of… more

Appellate Courts, Broker-Dealer, Disclosure Requirements, Disgorgement, Form ADV

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Hannah Ketring Brown

New DEA Rule Allows Single Electronic Transfer of Controlled Substance Prescriptions

Historically, a retail pharmacy unable to fill an initial electronic prescription for Schedule II-V controlled substances could not transfer it to another pharmacy – even if the two pharmacies were affiliated and part of a… more

Amended Rules, Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Controlled Substances Act, DEA

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Paul Kiernan

Podcast - Part II: The Importance of Pro Bono for Both Clients and Lawyers

In the second part of this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and… more

Career Development, Litigation Strategies, Pro Bono, Professional Development, Trial Attorneys

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Paul Kilmer

Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before sending a… more

Appeals, Attorney's Fees, Copyright, Copyright Infringement, Copyright Litigation

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Lisa Kim

Sophisticated Crypto Theft Targeting High-Net-Worth Individuals

A recent court case has unveiled a new level of sophistication in attacks targeting high-net-worth cryptocurrency holders. In a meticulously orchestrated scheme, hackers managed to steal more than $40 million in bitcoin from an… more

Bitcoin, Cryptocurrency, Cyber Attacks, Cybersecurity, Data Breach

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Raymond Kim

Explaining the Model Minority Myth

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

Business Development, Firm Leadership, Marketing Perspectives, Professional Development, Thought Leadership

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Eric Kimball

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to… more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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Tom Kinasz

Overhaul of Illinois LLC Act Provides Modernization, Increased Flexibility

Significant changes have been made to the Illinois Limited Liability Company Act (the Act) that will impact both existing and new LLCs. These changes, which took effect on July 1, 2017, were designed in part to bring the Act… more

Articles of Incorporation, Corporate Dissolution, Dispute Resolution, Fiduciary Duty, Inspection Rights

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Brandon King

Fashion Retailer Failed to "Express" $1M in Perks But Skirts Civil Penalties

Like a fashion trend that never fails to come back in style (we look fabulous in baggy jeans, btw), we're revisiting SEC enforcement actions involving public company executive perquisites – or "perks" – a topic we have covered… more

Cooperation, Corporate Governance, Disclosure Requirements, Employee Benefits, Enforcement Actions

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Jessica Kirk

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Matt Kirk

Money Is Fungible. NFTs Are Not.

"Fungible" is an adjective that describes something easily capable of mutual substitution, such that one part or quantity may be exchanged by another equal part or quantity. Money is fungible. It is designed to be completely… more

Blockchain, Chain of Title, Cryptocurrency, Fair Market Value, FinTech

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Andrew Klair

Big Changes on the Horizon for Alcohol Licensing in Alaska

Recently signed legislation in Alaska promises to upend the alcohol industry and rework the state's licensing structure. On June 16, 2022, Alaska Gov. Mike Dunleavy signed into law Senate Bill 9 – a comprehensive rewrite of the… more

Alcohol Beverage Control, Amended Legislation, Governor Dunleavy, Liquor Licences, New Legislation

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Bryce Klein

IRS Issues Private Ruling That Entity with Zero Gross Income or Assets Can Qualify as a REIT

In private letter ruling (PLR) 202440007, the taxpayer (Taxpayer REIT) elected to be treated as a real estate investment trust (REIT) for its initial tax year. The Taxpayer REIT was formed as a vehicle to invest indirectly… more

IRS, Multi-Family Housing, Private Letter Rulings, Real Estate Investments, REIT

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Ronald Klein

IRS Issues Private Ruling That Entity with Zero Gross Income or Assets Can Qualify as a REIT

In private letter ruling (PLR) 202440007, the taxpayer (Taxpayer REIT) elected to be treated as a real estate investment trust (REIT) for its initial tax year. The Taxpayer REIT was formed as a vehicle to invest indirectly… more

IRS, Multi-Family Housing, Private Letter Rulings, Real Estate Investments, REIT

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Morgan Kleoppel

Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in Federal… more

Admissible Evidence, Amended Rules, Evidence, Federal Rules of Evidence, Hearsay

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Sophie Kletzien

New York Law Requires Notice of Employees' Electronic Monitoring Effective May 7, 2022

New York Gov. Kathy Hochul signed Senate Bill (SB) S2628 into law on Nov. 8, 2021. The law, which takes effect on May 7, 2022, requires every private-sector employer to provide notice of its electronic monitoring practices to… more

Electronic Communications, Employee Monitoring, Employer Liability Issues, Exclusions, New Legislation

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Jason Klitenic

Rule Banning Chinese Telecommunications Equipment is Released

The U.S. Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) released a prepublication version of an interim final rule that will bar contractors from… more

China, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules

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Sara Klock

New Florida Law Attempts to Provide Leeway for Certain Stem Cell Treatments

A new law in Florida, CS/CS/SB 1768, allows physicians to market and administer stem cell therapies that have not been approved by the U.S. Food and Drug Administration (FDA) for orthopedic conditions, wound care and pain… more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences, New Legislation

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Gary Klubok

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ..Trends… more

China, Employer Liability Issues, Insurance Claims, Litigation Insurance, Lottery

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Ryan Kocse

Google Search: Data Sharing as a Risk or Remedy?

Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the… more

Abuse of Dominance, Antitrust Litigation, Antitrust Violations, Commercial Contracts, Competition

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Jordan Koenig

SEC Chair Gensler Remarks Indicate 2022 Action Expanding Cyber Requirements

U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler made remarks on Jan. 24, 2022, at Northwestern University Pritzker School of Law's Annual Securities Regulation Institute regarding the SEC's work to improve "the… more

Broker-Dealer, Cyber Incident Reporting, Cybersecurity, Data Privacy, Data Security

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Gregory Koger

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business… more

Commercial Real Estate Contracts, Commercial Tenants, Construction Contracts, Coronavirus/COVID-19, Moratorium

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Lisa Kohring

U.S. Supreme Court Upends Religious Accommodation Obligations for Employers

In Groff v. De Joy, Post Master General, No. 22-174 (June 29, 2023), the U.S. Supreme Court unanimously upended decades-old precedent that set the standard for undue hardship in the context of an employee's request for a… more

Americans with Disabilities Act (ADA), Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Victoria Koob

Buying an Aircraft and Novation of a Lease in Jordan – Not for the Fainthearted!

Holland & Knight recently advised a client in connection with the purchase of an Airbus A320-200 aircraft registered in Jordan. With a timeframe of just over 10 months from receiving the first draft of the novation agreement to… more

Aircraft, Aircraft Sales, Approval Requirements, Aviation Contracts, Aviation Industry

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Jeffrey Korenblatt

The Corporate Transparency Act: An Update

The Corporate Transparency Act (CTA) will be effective on Jan. 1, 2024. For the first time, the United States now will require certain legal entities to report to the federal government identifying information about the… more

Beneficial Owner, Control Test, Corporate Transparency Act, FinCEN, NPRM

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Jonathan Korman

Key Issues for Lenders to Consider in the COVID-19 Crisis

The ongoing impact of COVID-19 and the international response to the virus has almost every business reviewing potential impacts to their cash flow and operations, as well as developing contingency plans to address disruptions… more

Commercial Loans, Coronavirus/COVID-19, Lenders

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Faisal Kraziem

American Tire: Rubber Hits the Road in Non-Ratable Chapter 11 Liability Management Transaction

Minority senior secured lenders in syndicated deals rely on, among other provisions, the "sacred right" protections contained in the credit documents to protect the benefit of their bargained-for agreement: primarily, that they… more

Bankruptcy Court, Chapter 11, Contract Terms, Creditors, Debt Collection

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Judith Kreitzer

Landlords and Their Loans During COVID-19

Given the recent financial turmoil due to the global coronavirus (COVID-19) pandemic, and in response to the ongoing local, state and federal government orders to close or limit businesses, landlords are increasingly concerned… more

Business Closures, Coronavirus/COVID-19, Real Estate Investments

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Andy Kriha

U.S. Nuclear Regulatory Commission Moves Forward with NEPA Overhaul

The U.S. Nuclear Regulatory Commission (NRC or Commission) issued a Staff Requirements Memorandum (SRM) on July 28, 2025, directing NRC staff to proceed with rulemaking to implement the National Environmental Policy Act (NEPA)… more

Energy Sector, Environmental Impact Statements, Environmental Policies, Executive Orders, NEPA

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Alan Samuel Krischer

2025 Updates to Florida's Live Local Act

Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical… more

Affordable Housing, Florida, Housing Developers, New Legislation, Property Owners

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Joshua Krumholz

Podcast - Bringing Mindfulness and Best Practices to Trial Law

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With their… more

Best Practices, Defense Strategies, Jury Trial, Litigation Strategies, Mock Trials

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Shannon Kukulka

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every… more

401k, Benefit Plan Sponsors, Cryptocurrency, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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David Kully

DOJ Antitrust Division Announces Whistleblower Rewards Program

On July 8, 2025, the Antitrust Division of the U.S. Department of Justice (DOJ), in partnership with the United States Postal Service (USPS) and U.S. Postal Service Office of Inspector General (USPS OIG), announced the launch of… more

Antitrust Division, Antitrust Violations, Bid Rigging, Criminal Investigations, Enforcement Priorities

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Robert Labate

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without photographer… more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Artists, Commercial Use, Copyright

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Jennifer Lada

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley submitted… more

ADEA, Age Discrimination, Algorithms, Artificial Intelligence, Collective Actions

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Susan Lafferty

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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Rafael Lafont Castillo

La administración Trump anuncia aranceles de la Sección 232 sobre acero y aluminio: Perspectiva colombiana

A través de una proclamación presidencial, la administración del presidente Donald Trump, anunció el 10 de febrero de 2025 la reinstauración de un arancel del 25 por ciento sobre todas las importaciones de acero y un aumento en… more

Aluminum Sales, Colombia, Exports, Imports, International Trade

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Jared Lampson

On Heels of Recent Rule Amendments, DOJ and SEC Target Purported 10b5-1 Trading Plan Abuse

A few months after the U.S. Securities and Exchange Commission (SEC) finalized amendments to address perceived abuses of corporate insider trading plans (known as "10b5-1 trading plans"), the U.S. Department of Justice (DOJ)… more

10b5-1 Plans, Affirmative Defenses, Amended Rules, Compliance, Department of Justice (DOJ)

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Alejandro Landa Thierry

Trump Administration Announces Designation of International Cartels

U.S. President Donald Trump issued Executive Order 14157 (the EO) on Jan. 20, 2025, calling for the designation of drug cartels and other foreign organizations as foreign terrorist organizations (FTOs) or specially designated… more

Anti-Money Laundering, Cartels, Drug Trafficking, Economic Sanctions, Executive Orders

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Chauncey Lane

A Summary and Early Analysis of SEC Final SPAC Rules

By vote of 3 to 2, the U.S. Securities and Exchange Commission (SEC or Commission) on Jan. 24, 2024, adopted new rules and amendments (SPAC Rules) pertaining to special purpose acquisition companies (SPACs), with the stated goal… more

Conflicts of Interest, Corporate Governance, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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Isabel Lane

Impacts of the One Big Beautiful Bill Act on the Agriculture and Food Industry

Public Policy & Regulation attorney Liz Craddock, Senior Public Affairs Advisor Isabel Lane and Senior Policy Advisor Peter Tabor break down the impacts of the new One Big Beautiful Bill Act on the food and agriculture… more

Agricultural Sector, Biofuel, Energy Sector, Farm Bill, Food Supply

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Paul Lannon

New Admissions Data Reporting Requirements for Higher Education Institutions

The U.S. Department of Education (ED) announced it will require institutions of higher education to report additional data relating to admissions processes. The announcement follows President Donald Trump's executive order… more

College Admissions, Colleges, Data Collection, Data Reporting, Department of Education

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Marie Larsen

Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction… more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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Alberto Lascurain

Se reforman y adicionan diversas disposiciones de Ley Antilavado y Código Penal en México

Tal y como se anticipó desde abril de este año, el 16 de julio de 2025, en el Diario Oficial de la Federación, se publicó el decreto por el que se reforman y adicionan diversas disposiciones de la Ley Federal para la Prevención… more

Amended Legislation, Anti-Money Laundering, Enforcement, Financial Crimes, Fraud

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Laura Lashus

Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may… more

Add-ons, Banking Regulators, Compliance, Constitutional Challenges, Consumer Financial Contracts

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Jacob Lawler

Biden Administration's Focus on Offshore Wind Energy: DOI's Plan and Other Recent Developments

U.S. Department of the Interior (DOI) Secretary Deb Haaland announced in October that the Biden Administration would be opening up the U.S. coastline to large-scale, offshore wind farming. Speaking at a wind industry conference… more

Biden Administration, BOEM, Department of the Interior, Energy Projects, Offshore Lease

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Tyler Layne

Findings from Gibbins’ Annual Healthcare Bankruptcy Report

In this episode of "Counsel That Cares," bankruptcy attorney Tyler Layne is joined by Gibbins Advisors managing directors Clare Moylan and Ron Winters to discuss their company's annual healthcare bankruptcy report. Their… more

Affordable Care Act, Bankruptcy Code, Centers for Medicare & Medicaid Services (CMS), Chapter 11, Commercial Bankruptcy

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Ryan Michael Leaderman

California's Summer Blockbuster, Continued!: Newly Enacted Non-Housing CEQA Reforms

Senate Bill (SB) 131 includes important California Environmental Quality Act (CEQA) exemptions for qualified advanced manufacturing projects, health centers and rural clinics, childcare centers, food banks, farmworker housing,… more

Broadband, CEQA, Clean Water Act, Construction Project, Environmental Impact Report (EIR)

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Richard Lear

Supreme Court Clarifies Securities Safe Harbor Under Bankruptcy Code

• In a unanimous decision, the U.S. Supreme Court ruled against the petitioner in Merit Management Group, LP, Petitioner v. FTI Consulting, Inc., affirming the decision of the U.S. Court of Appeals for the Seventh Circuit. •… more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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Steven Lear

Treasury Department Announcement on Enforcement and Scope of Corporate Transparency Act

In a press release on March 2, 2025, the U.S. Department of the Treasury announced that it will not enforce any penalties or fines associated with the beneficial ownership information (BOI) reporting rule under the existing… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, FinCEN, Foreign Entities

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Brian Leary

New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims involving… more

Actual Damages, Class Action, Consumer Contracts, Consumer Fraud, NJ Supreme Court

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Nathan Leavitt

Planning For The End of LIBOR

By 2021, it is likely that LIBOR will no longer exist, and even more likely that it will no longer be the leading global benchmark interest rate. This news comes from the U.K. Financial Conduct Authority’s (FCA) announcement… more

Aviation Industry, Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Financial Institutions

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Bill LeBeau

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Jacob Lebovic

Adaptive Reuse: From Desks to Doorways

In the first episode of "Property Pointers: Real Estate Law Simplified," Real Estate attorney Jake Lebovic discusses opportunities for adaptive reuse projects in Los Angeles. He explains how converting underused office buildings… more

California, City of Los Angeles, Commercial Property Owners, Commercial Real Estate Market, Conversion

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Octavio Lecona

Reforma constitucional en materia de áreas y empresas estratégicas en México

La Cámara de Diputados, el 10 de octubre de 2024, aprobó la iniciativa con proyecto de decreto por el que se reforman los artículos 25, 27 y 28 de la Constitución Política de los Estados Unidos Mexicanos, en materia de áreas y… more

Constitutional Amendment, Critical Infrastructure Sectors, Electricity, Energy Policy, Energy Reform

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H. Harold Lee

Transit Agency Advertising: Reasoned Approach Needed for Evaluating Political Ads

There's likely no mode of transportation that President-Elect Joe Biden savors more than public rail. A September 2020 ruling by the U.S. Court of Appeals for the Third Circuit holding the Southeastern Pennsylvania… more

Advertising, Advertising Standards Authority, Appeals, Biden Administration, First Amendment

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Jennifer Lee

Healthcare Law Update: October 2021

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a… more

Abuse of Discretion, Anti-Kickback Statute, Appeals, Attorney-Client Privilege, Comment Period

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Regina Legorreta

Comisión Reguladora de Energía (CRE) publica las DACG de Almacenamiento en México

La Comisión Reguladora de Energía (CRE) de México, el 7 de marzo de 2025, publicó en el Diario Oficial de la Federación el "Acuerdo de la Comisión Reguladora de Energía por el que se emiten las disposiciones administrativas de… more

Clean Energy, Electricity, Energy Policy, Energy Projects, Energy Regulatory Commission

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Kathryn Hazeem Lehman

A New House Speaker: Who Is Michael Johnson?

Rep. Mike Johnson (R-La.) was elected Speaker of the U.S. House of Representatives on Oct. 25, 2023, by a vote of 220-209, with all Republicans voting in his favor. Johnson, the 56th Speaker of the House, is now tasked with… more

Legislative Agendas, Political Parties, Speaker of the House

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Allison Lehn

Holland & Knight's Israel Practice Newsletter: Winter 2020

Holland & Knight invites you to read our Winter 2020 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than… more

Abraham Accords Peace Agreement, Biden Administration, Cannabidiol (CBD) oil, Clean Tech, Coronavirus/COVID-19

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Misha Lehrer

Holland & Knight Defense Situation Report: July 2025

Welcome to Holland & Knight's monthly defense news update. We are pleased to bring you the latest in defense policy, regulatory updates and other significant developments… more

Appropriations Bill, Artificial Intelligence, Budget Reconciliation, Coast Guard, Confirmation Proceedings

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Nicholas Liebham

Key Takeaways from President Trump's Executive Order to Strengthen U.S. Mineral Production

President Donald Trump on March 20, 2025, signed an executive order (EO) that sets the foundation for boosting U.S. mineral production through regulatory streamlining, leveraging the Defense Production Act (DPA) and encouraging… more

Defense Production Act, Energy Policy, Executive Orders, Federal Funding, Minerals

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Katia Leiva

SEC and DOJ Warm Up to Enforcement over AI Washing

In the first artificial intelligence (AI)-washing enforcement cases brought by the SEC and U.S. Department of Justice (DOJ) under the Trump Administration, on April 9, 2025, the SEC and the U.S. Attorney's Office for the… more

Artificial Intelligence, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Statements

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Elizabeth Leoty Craddock

Impacts of the One Big Beautiful Bill Act on the Agriculture and Food Industry

Public Policy & Regulation attorney Liz Craddock, Senior Public Affairs Advisor Isabel Lane and Senior Policy Advisor Peter Tabor break down the impacts of the new One Big Beautiful Bill Act on the food and agriculture… more

Agricultural Sector, Biofuel, Energy Sector, Farm Bill, Food Supply

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Olufunke Leroy

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing number… more

Bankruptcy Code, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Leases

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William Levay

Regulatory Relief Act Benefits Community and Regional Banks

• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall… more

Bank Holding Company, Banking Sector, Borrowers, Commercial Real Estate Market, Community Banks

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Joshua Levenson

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC v… more

Appellate Courts, Breach of Contract, Commercial Leases, Commercial Litigation, Contract Disputes

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Henry Leventis

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the recent… more

Acquisitions, Antitrust Provisions, Best Practices, Corporate Practice of Medicine, Department of Justice (DOJ)

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Daniel Levisohn

Private Fund Advisers, Breathe Easier: Fifth Circuit Vacates Private Fund Rules

The New Orleans-based U.S. Court of Appeals for the Fifth Circuit (Court), on June 5, 2024, vacated the new private fund rules (Private Fund Rules) adopted by the SEC in August 2023, resulting in a significant victory for… more

Dodd-Frank, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Funds

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Shari Levitan

Potential Transfer Tax Reform and 2016 Year-End Tax Planning Considerations

With the upcoming Republican control of the executive and legislative branches, tax changes are certain to occur. As articulated thus far, President-Elect Donald Trump has proposed the elimination of the federal estate tax in… more

Capital Gains, Estate Planning, Estate Tax, Tax Rates, Tax Reform

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Manny Levitt

Reciprocal Tariff Update: State of Bilateral Negotiations

As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential… more

Canada, China, India, International Emergency Economic Powers Act (IEEPA), International Trade

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Alex Lewis

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Janna Lhota

Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire… more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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Paul Libretta

Know Now or Pay Later: Navigating New York's Buy-Now-Pay-Later Act

Once hailed as the sleek, interest-free alternative to credit cards, buy-now-pay-later (BNPL) loans have become a defining feature of modern consumer finance. Consumers like them because with just a few clicks, they can… more

Biden Administration, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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Emily Martinez Lieban

EPA Launches Comment Period on Power Plant Climate and Air Toxics Rules

The U.S. Environmental Protection Agency (EPA) proposes to eliminate greenhouse gas regulations for power plants after concluding that power plants do not "contribute significantly" to dangerous air pollution or, alternatively,… more

Air Pollution, Carbon Emissions, Clean Air Act, Comment Period, Environmental Protection Agency (EPA)

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Nora Liggett

OIG Looks at How Employed Physicians Bonuses Are Paid from ASC Profits

The U.S. Department of Health & Human Services Office of the Inspector General (OIG) on Oct. 13, 2023, posted Advisory Opinion No. 23-07 detailing a favorable response to a proposal by a Requestor to pay bonuses to its physician… more

Advisory Opinions, Ambulatory Surgery Centers, Anti-Kickback Statute, Bonuses, Compensation

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Bella Linden

Holland & Knight Defense Situation Report: July 2025

Welcome to Holland & Knight's monthly defense news update. We are pleased to bring you the latest in defense policy, regulatory updates and other significant developments… more

Appropriations Bill, Artificial Intelligence, Budget Reconciliation, Coast Guard, Confirmation Proceedings

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Herman Lipkis

Types of Guarantees in Commercial Leases

Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor) that… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Guarantors

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David Lisko

Who's the Boss? In Vance, Supreme Court Defines "Supervisor" for Purposes of Title VII Harassment Claims

Since two landmark U.S. Supreme Court decisions in 1998, the courts have applied different rules to sexual and other discriminatory harassment claims under Title VII of the Civil Rights Act of 1964 ("Title VII") based on whether… more

Equal Employment Opportunity Commission (EEOC), Harassment, Hiring & Firing, SCOTUS, Supervisors

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Cynthia Liu

America First Investment Policy

President Donald Trump on Feb. 21, 2025, issued a National Security Presidential Memorandum (NSPM) titled "America First Investment Policy," outlining the administration's priorities regarding inbound and outbound investments… more

America First Trade Policy, Artificial Intelligence, CFIUS, China, Executive Orders

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Juan Loaeza

90-Day Suspension of the U.S. Application of 30 Percent Tariffs on Products from Mexico

U.S. President Donald Trump announced on July 12, 2025, the imposition of an additional 30 percent tariff on imports originating from Mexico, with an effective date of Aug. 1, 2025. This measure was introduced independently of… more

Imports, International Trade, Mexico, Tariffs, Time Extensions

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Camila Lopez

Addition to Consumer Law Regarding Impleadment in Colombia

Through Colombia's Law 2444 of 2025, a new paragraph has been added to Article 58 of Law 1480 of 2011. This change allows the use of impleader (llamamiento en garantía) in the tourism sector, helping consumers claim compensation… more

Consumer Protection Laws, Refunds, Regulatory Requirements, Tourism, Transportation Industry

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Vanessa Lopez

Court Compels Plaintiff to International Arbitration with Nonsignatories

• In Caporicci U.S.A. Corp. v. Prada S.p.A., a U.S. District Court for the Southern District of Florida judge granted a motion to compel plaintiff and defendants, and certain service providers, to arbitrate in Milan, on the… more

Arbitration, Arbitration Agreements, Enforcement, Foreign Arbitration Clauses, International Arbitration

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Robert Lorndale

New Treasury Regulations Revise Taxation of U.S. Persons Owning Foreign Corporations - Guidance Will Impact Minority Partners in Domestic Partnerships

Highlights - • In an unanticipated development, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) recently issued regulations (New Guidance) that significantly modifies the taxation of U.S… more

Controlled Foreign Corporations, Domestic Partnership, GILTI tax, Income Taxes, IRS

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Karl Lott

Take Charge: Considerations When Installing EV Charging Stations on Commercial Property

As demand for electric vehicle (EV) charging stations continues to rise, commercial property owners are increasingly being approached by vendors offering to install these stations at no upfront cost. The appeal is obvious: an… more

Charging Stations, Commercial Property Owners, Commercial Tenants, Data Privacy, Electric Vehicles

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Greg Louer

Department of Defense Announces New Loan Program for Critical Technology Projects

The U.S. Department of Defense's (DOD) Office of Strategic Capital (OSC) on Sept. 27, 2024, published a Notice of Funding Availability (NOFA) that would make up to $984 million in loans available for a range of projects that… more

Biden Administration, Biotechnology, Build America Investment Initiative, Buy America, Compliance

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Sam Louis

OIG Warns Healthcare Providers on Speaker Fees Paid by Pharmaceutical, Medical Device Companies

The U.S. Department of Health and Human Services' Office of Inspector General (OIG) issued a Special Fraud Alert on Nov. 16, 2020, to highlight and warn healthcare professionals of inherent fraud and abuse risks associated with… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Fees, Fraud, Fraud Alerts

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Kenneth Lowenstein

Zoning Change Allows Conversion of Ground Floor Nonresidential Uses to Residential Uses

As discussed in previous Holland & Knight alerts on Dec. 10 and Dec. 18, 2024, New York City recently made comprehensive changes to its Zoning Resolution, known collectively as City of Yes for Zoning for Housing Opportunity… more

Accessory Dwelling Units (ADUs), Affordable Housing, Amended Legislation, Apartments, Co-Op

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Aimee Lubin

Compliance Corner: Contribution Attribution and Federal Primary Dates for 2014

With 2014 being a federal election year, and primary elections occurring during a span of just six quick months, it is important to keep an eye on the dates of those primaries when making political contributions to avoid a… more

Compliance, Deadlines, Election Laws, Federal Election Commission (FEC)

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Allison Lucier

Questions Surround AI-Generated Art and Copyright Authorship

We previously discussed the idea of who is the owner and who is the creator of AI-generated art. A recent case brought by Stephen Thaler seeks to answer those questions. In his lawsuit, Dr. Stephen Thaler, President and CEO of… more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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Colin Luke

Hospital M&A Trends & Strategic Considerations for 2024

In this episode of "Counsel That Cares," healthcare attorney Colin Luke examines transactions for hospitals and health systems, as well as what's driving that activity across the country with hospitals and health systems,… more

Acquisitions, Corporate Counsel, Health Care Providers, Hospital Mergers, Hospitals

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Zachary Lundgren

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Allison Luzwick

Bipartisan Bill Reintroduced to Enhance U.S. Shipbuilding, Maritime Sector, National Security

The Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act (the Act) was reintroduced on April 30, 2025, with bipartisan support from legislators. It aims to expand the U.S.-flag international… more

Biden Administration, Executive Orders, International Trade, Maritime Transport, National Security

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Alexander Lycoyannis

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on rent… more

Attorney's Fees, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Robert MacKichan Jr.

GSA Updates Proposed Sale of Government-Owned Properties Throughout the Country

As discussed in a previous Holland & Knight alert, the U.S. General Services Administration (GSA) is seeking to dispose of a substantial portion of its owned inventory. On March 24, 2025, GSA released a new list of properties… more

Commercial Real Estate Market, General Services Administration (GSA), Government Agencies, Investors, Public Property

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Chelsea MacLean

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

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Katelyn Madar

California Revives De Minimis Lender License Exemption

In California, any person engaging in the business of a finance lender or broker must obtain a license from the commissioner of the Department of Financial Protection & Innovation. The California Finance Code defines "finance… more

Brokers, Department of Financial Protection and Innovation (DFPI), Exemptions, Finance Lender, Governor Newsom

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Lauren Maddox

New Admissions Data Reporting Requirements for Higher Education Institutions

The U.S. Department of Education (ED) announced it will require institutions of higher education to report additional data relating to admissions processes. The announcement follows President Donald Trump's executive order… more

College Admissions, Colleges, Data Collection, Data Reporting, Department of Education

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Vanessa Madrid

Florida Legislature Amends Live Local Act's Land Use Provisions

The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act… more

Amended Legislation, Building Permits, Community Development, Housing Developers, Housing Market

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Jessica Magee

SEC Feels the Heat

Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of… more

Appellate Courts, Broker-Dealer, Disclosure Requirements, Disgorgement, Form ADV

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Elliot Magruder

Called to Account: SEC's Latest Internal Accounting Controls Action Reignites Debate

Several years ago, the U.S. Securities and Exchange Commission (SEC) issued an order against a public company that raised more than a few eyebrows. In that order, the company settled to violations of Section 13(b)(2)(B) of the… more

10b5-1 Plans, Accounting, Enforcement Actions, Enforcement Authority, Financial Accounting

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Ieuan Mahony

Postmortem Email Privacy? Don't Bet Your Life on It

• The delicate balance between a decedent's personal privacy interests and a personal representative's right to access the decedent's property was recently addressed in a Massachusetts Supreme Judicial Court case with broad… more

Implied Consent, MA Supreme Judicial Court, Personal Representatives, Stored Communications Act, Terms of Service

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J. Allen Maines

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of… more

Destruction of Evidence, Evidence, Fishing Industry, Rule of Lenity, Sarbanes-Oxley

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Nadya Makenko

Accelerated Rent Clauses in Massachusetts Commercial Leases

Massachusetts' highest court, in its 2007 opinion in Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490, 494 (2007), shocked commercial leasing lawyers by announcing that accelerated rent clauses (i.e.,… more

Accelerated Payments, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Alba Stella Malagón

“Monsters, Inc.” y el buen gobierno corporativo

El socio Edwin Cortés conversa con Alba Malagón, socia del área corporativa, sobre el gobierno corporativo en este episodio del podcast "A Lo Legal En Par Minutos". Su análisis aborda una escena de la película "Monsters, Inc."… more

Board of Directors, Corporate Governance, Corporate Officers, Publicly-Traded Companies, Shareholders

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Eve Maldonado O'Toole

American Rescue Plan Act of 2021: Summary

The U.S. House of Representatives on March 10, 2021, passed the Senate-amended H.R. 1319, the American Rescue Plan (ARP). The ARP provides $1.9 trillion in additional relief to respond to the novel coronavirus (COVID-19). This… more

Agricultural Sector, American Rescue Plan Act of 2021, Biden Administration, Broadband, Coronavirus/COVID-19

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David Mann

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S. Environmental… more

Appellate Courts, Clean Air Act, Environmental Litigation, Environmental Protection Agency (EPA), Environmental Protection Agency v Calumet Shreveport Refining LLC

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Jennifer Mansfield

Becoming an Ally with Jennifer A. Mansfield

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

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Michael Manthei

Thoughts on Recent Amendments to the Florida Patient Brokering Act - The Sky Is Not Falling

The Florida Legislature recently amended the Florida Patient Brokering Act (PBA), effective July 1, 2019. Since then, a raft of articles have argued that long-standing arrangements between healthcare providers and potential… more

Advice-of-Counsel Defense, Amended Legislation, Anti-Kickback Statute, Appeals, Criminal Liability

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Claro Manuel Cotes

Colombia ANH adopta medidas para el cumplimiento y normalización de contratos de hidrocarburos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia emitió el Acuerdo No. 03 de 2025 por medio del cual se adoptan medidas para promover el cumplimiento y normalización de los actuales contratos y convenios misionales de… more

Colombia, Contract Terms, Energy Exploration, Energy Policy, Energy Sector

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Ji Mao

Revisiting AI Inventorship in Thaler v. Vidal

The U.S. Court of Appeals for the Federal Circuit recently released its decision in Thaler v. Vidal, No. 21-2347 (Fed. Cir.), the much-discussed case that addresses whether artificial intelligence (AI) software can be listed as… more

Artificial Intelligence, Inventors, Patent Applications, Patent Litigation, Patents

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Bryan Marcelino

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Jacob Marco

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Jonathan Marcus

Landlords and Their Loans During COVID-19

Given the recent financial turmoil due to the global coronavirus (COVID-19) pandemic, and in response to the ongoing local, state and federal government orders to close or limit businesses, landlords are increasingly concerned… more

Business Closures, Coronavirus/COVID-19, Real Estate Investments

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Marisa Marinelli

U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless… more

Choice-of-Law, Common Law Claims, Forum Selection, Insurance Contracts, Insurance Industry

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David Marks

Podcast - Rewriting the Narrative of Private Equity in Healthcare

In this episode of "Counsel That Cares," Healthcare Transactions attorneys David Marks and Eric Scalzo, along with Chartis Strategic Innovation Partners Sri Mani and Eric Mayeda, discuss the increasing scrutiny of investor-owned… more

Federal Trade Commission (FTC), Health Care Providers, New Regulations, Popular, Private Equity

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Sarah Marks

House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will… more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Jonathan Marmo

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,… more

Appeals, Banking Sector, Constitutional Challenges, Due Process, Foreclosure

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Rachel Marmor

California Attorney General Enters $1.55 Million CCPA Settlement with Healthline Media

California Attorney General Rob Bonta has settled claims against Healthline Media (Healthline) for violations of the California Privacy Protection Act (CCPA) related to the company's sharing of personal information and alleged… more

Advertising, California Privacy Protection Agency (CPPA), Civil Monetary Penalty, Data Privacy, Data-Sharing

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Michael Maroney

The Trump Administration's Impact on Independent Transportation Contractors

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act (FLSA)… more

Commercial Truck Drivers, Department of Labor (DOL), Economic Realities Test, Employment Litigation, Fair Labor Standards Act (FLSA)

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Christopher Fiore Marotta

Section 1202 Gross Assets and Basis Issues for Qualified Small Business Stock

In order for stock to be qualified for an exclusion on gain under Internal Revenue Code (Code) Section 1202, the issuing corporation must, among other requirements, have aggregate gross assets of no more than $75 million at the… more

Business Assets, Capital Gains, Corporate Governance, Corporate Issuers, Exclusions

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Jose Manuel Marquez

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Ines Marrero-Priegues

Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire… more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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June Marshall

D.C. Council Pushing Legislation to Create Affordable Housing

The District of Columbia Council continues to push forward legislation to create more affordable housing in the District. The Green New Deal for Housing Amendment Act of 2022 (Green New Deal for Housing), was introduced on April… more

Administrative Agencies, Affordable Housing, Green Buildings, Net Zero, Proposed Legislation

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Nic Martell

FERC Chairman Chides PJM Over Preemption Dispute on Regional Transmission Project

During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval… more

Constitutional Challenges, Devon Energy Production v Sheppard, Energy Projects, FERC, PJM

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Anya Martin

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has… more

Biden Administration, Employee Benefits, Enforcement Actions, NLRA, NLRB

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Mousa Martin

Bipartisan Bill Reintroduced to Enhance U.S. Shipbuilding, Maritime Sector, National Security

The Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act (the Act) was reintroduced on April 30, 2025, with bipartisan support from legislators. It aims to expand the U.S.-flag international… more

Biden Administration, Executive Orders, International Trade, Maritime Transport, National Security

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Summer Martin

HHS and DOJ Revitalize False Claims Act Working Group

The U.S. Department of Health and Human Services (HHS) and U.S. Department of Justice (DOJ) on July 2, 2025, announced their intent to strengthen the DOJ-HHS False Claims Act Working Group. The announcement emphasized… more

Data Mining, Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Priorities

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Barbara Martinez

DOJ Announces New Policies and Priorities in Prosecution of White Collar Crime

The U.S. Department of Justice (DOJ or Department) announced on May 12, 2025, new investigative and policy priorities, as well as changes to current DOJ guidance, that could have a significant impact on the prosecution of white… more

Anti-Money Laundering, China, Cooperation, Corporate Misconduct, Department of Justice (DOJ)

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Bob Martinez

2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The… more

New Legislation, Proposed Legislation, State Budgets

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Lorena Martinez

Podcast - Ejecución de facturas electrónicas

En el episodio 50 de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Lorena Martínez, abogada de litigios y derecho inmobiliario, sobre el cobro ejecutivo de facturas electrónicas. Lorena explica que las facturas… more

Business Litigation, Commercial Litigation, Dispute Resolution, E-Signatures, Electronic Communications

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Maria Natalia Suárez Martínez

Colombia ANH adopta medidas para el cumplimiento y normalización de contratos de hidrocarburos

La Agencia Nacional de Hidrocarburos (ANH) de Colombia emitió el Acuerdo No. 03 de 2025 por medio del cual se adoptan medidas para promover el cumplimiento y normalización de los actuales contratos y convenios misionales de… more

Colombia, Contract Terms, Energy Exploration, Energy Policy, Energy Sector

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Uriel Martinez

90-Day Suspension of the U.S. Application of 30 Percent Tariffs on Products from Mexico

U.S. President Donald Trump announced on July 12, 2025, the imposition of an additional 30 percent tariff on imports originating from Mexico, with an effective date of Aug. 1, 2025. This measure was introduced independently of… more

Imports, International Trade, Mexico, Tariffs, Time Extensions

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Scott Mason

President Trump Signs Executive Order on Digital Assets

President Donald Trump signed an executive order (EO) on Jan. 23, 2025, titled Strengthening American Leadership in Digital Financial Technology. The EO focuses on promoting U.S. leadership in blockchain, digital assets and… more

Blockchain, Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Assets, Executive Orders

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Mark Masutani

USPTO Issues New Guidance on AI-Assisted Inventorship

The U.S. Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. The U.S. Court of Appeals for the Federal Circuit previously… more

Artificial Intelligence, Biden Administration, Comment Period, Executive Orders, Inventions

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Daniel Mateo

Dan Mateo Shares the Advantage of Being Authentic in the Workplace

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Best Practices, Discrimination, Diversity, Employee Rights, Employee Training

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David Matuszewski

Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been… more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

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Todd Mauldin

EEOC Issues New Enforcement Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of its new enforcement guidance on workplace harassment on April 29, 2024. The new guidance includes updates aimed at addressing workplace… more

Bostock v Clayton County Georgia, Civil Rights Act, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC), Gender Identity

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D. Bruce May

Update on Solar Power Plant Development in Florida

Solar photovoltaic (PV) generation projects continue to grow in Florida. Although Florida's net metering rule1 has fostered smaller customer-owned rooftop solar projects, the most dramatic growth has been in large scale2,… more

Electricity, Energy Projects, Power Plants, Public Service Commissions, Renewable Energy

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Amber Maynard

California Attorney General Issues New Legal Advisories on Artificial Intelligence

California Attorney General (AG) Rob Bonta issued two new Legal Advisories on Jan. 13, 2025, to provide further clarity on the application of California law(s) to businesses, including those in the healthcare industry, that… more

Advisory Opinions, Algorithms, Artificial Intelligence, Consumer Protection Laws, Data Privacy

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Juan Mayol Jr.

Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire… more

Construction Project, Executive Orders, Extensions, Governor DeSantis, Hurricane Season

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John McAdams

Trump Administration Issues AI Memoranda and Executive Order with Government Contracts Impacts

The Trump Administration's policies on artificial intelligence (AI) have been shaped by an executive order (EO) and two memoranda aimed at promoting the use of AI in government operations while ensuring safety, security and… more

Algorithms, Artificial Intelligence, Data Privacy, Executive Orders, Federal Acquisition Regulations (FAR)

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Tom McAleavey

SEC Concept Release Requests Market Comment to Update Regulation S-K

HIGHLIGHTS: - The U.S. Securities and Exchange Commission (SEC) issued a 341 page concept release in April requesting market participants to comment on its proposals to update and modernize Regulation S-K. - The… more

Comment Period, Disclosure Requirements, Regulation S-K, Reporting Requirements, Securities and Exchange Commission (SEC)

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Andrew McAllister

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Allison McCarthy

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed Decisions by Brand Operators

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows "general… more

Commercial Real Estate Market, Condominiums, Crowdfunding, Financing, General Solicitation

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Chelsea Ashbrook McCarthy

Supreme Court Ruling Eases Path for ERISA Prohibited Transaction Claims

The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement… more

Affirmative Defenses, Appeals, Article III, Cost-Shifting, Cunningham v Cornell University

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Elissa McClure

Chemical Ban Set to Hit Fashion Supply Chains in 2026

In accordance with a final rule (the 2024 Rule) published by the U.S. Environmental Protection Agency (EPA) in late 2024, fashion-related articles containing phenol, isopropylated phosphate (PIP (3:1)) will be prohibited from… more

Chemicals, Environmental Protection Agency (EPA), Fashion Industry, Final Rules, Hazardous Substances

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Elle McCulty

ERC Claim Scrutiny Increases as IRS Provides Opportunities to Limit Exposure for Invalid Claims

Citing rising concern over a "flood" of improper Employee Retention Credit (ERC) claims filed by businesses, many with the assistance of ERC claim promoters, the IRS announced on Sept. 14, 2023, that it is pausing the processing… more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employer Liability Issues, Fraud and Abuse

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Taite McDonald

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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James McGuire

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget would… more

Budget Cuts, Clean Air Act, Clean Water Act, Deregulation, Enforcement Priorities

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Bailey McHale

SEC Enforcement Action Against Alleged Real Estate Fraudster Heats Up

On May 22, 2025, the SEC brought a case of affinity fraud before the U.S. District Court for the Northern District of California against Bay Area real estate investor Kenneth Mattson alleging more than $46 million in fraudulent… more

Criminal Prosecution, Fraud, Investment Fraud, Investors, Ponzi Scheme

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Miriam McKendall

Civil Rights Laws and False Claims Act: What Colleges and Universities Need to Know Now

The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws and… more

Anti-Discrimination Policies, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

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Katie McKeon

The Implications and Scope of the NAIC Model Bulletin on the Use of AI by Insurers

The National Association of Insurance Commissioners' (NAIC) model bulletin governing the use of artificial intelligence (AI) by insurers provides guidance on the legal and ethical use of AI within the insurance industry,… more

Algorithms, Artificial Intelligence, Enforcement Authority, Ethics, Insurance Industry

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Mia McKown

Podcast: Addressing Patient Complaints About Privacy Violations

In the third and final episode of Florida Capital Conversations' healthcare privacy series, Tallahassee attorneys Shannon Hartsfield and Eddie Williams join hosts Nathan Adams and Mia McKown to discuss the challenges of patient… more

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

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Brent McIlwain

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to… more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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David McNamara

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,… more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Madison McNamara

Texas Enacts Comprehensive AI Governance Laws with Sector-Specific Healthcare Provisions

Texas has taken a significant step in regulating artificial intelligence (AI) with the passage of House Bill (HB) 149 and Senate Bill (SB) 1188. Signed into law on June 22, 2025, and effective Jan. 1, 2026, HB 149 – formally… more

Algorithms, Artificial Intelligence, Data Privacy, Governor Abbott, Health Care Providers

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Mary McNulty

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Emily McWey

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply… more

Antitrust Provisions, Biden Administration, Competition, Contract Drafting, Contract Terms

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O'Kelly McWilliams III

How to Run a Legally Compliant DEI Program

The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on March… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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Gregory Meeder

Holland & Knight's China Practice Newsletter: November-December 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics - HIGHLIGHTS: Preference Claims Clawbacks in Bankruptcy Can Disrupt a Construction… more

Audits, Bankruptcy Code, Bankruptcy Preferences, Caremark claim, China

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James Meggesto

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Mark Melodia

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule of… more

Americans with Disabilities Act (ADA), Appellate Courts, Article III, Class Action, Class Certification

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Andrew Melsheimer

Section 1782 Subpoenas: Questions May Remain Regarding Foreign or International Arbitrations

Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking… more

American Arbitration Association, Arbitration, Arbitration Agreements, Commercial Arbitration, Commercial Arbitration Act

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Mark Melton

Conversion of Partnership and LLC Interests into Qualified Small Business Stock

Given the recent amendments to Internal Revenue Code Section 1202,1 which increase the benefits of holding qualified small business stock (QSBS), many companies currently operating as tax partnerships may want to convert into C… more

Business Entities, C-Corporation, Corporate Conversions, Holding Periods, Internal Revenue Code (IRC)

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George Mencio

Legal Insights on the Import of PPE and Other Medical Supplies Vital to Fighting COVID-19

The COVID-19 crisis has revealed the extent to which the United States and other countries are dependent upon a well-functioning global supply chain of critical medical supplies, including ventilators and Personal Protective… more

Coronavirus/COVID-19, Medical Supplies, Personal Protective Equipment, Supply Chain

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Margot Mendelson Hammond

Federal Real Estate in a Turbulent Market, Part II

This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease… more

Assignments, Commercial Leases, Commercial Property Owners, Deed-in-Lieu of Foreclosure, Deeds

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Katharine Menendez de la Cuesta

Who Decides if a Dispute Is Subject to Arbitration?

The Florida Supreme Court on March 31, 2022, found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb's Terms of Service constitutes clear and unmistakable evidence of… more

AirBnB, American Arbitration Association, Arbitration, Contract Terms, Incorporation by Reference

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Maria Alejandra Mercado

"Monsters Inc." y la reorganización empresarial

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con María Alejandra Mercado, abogada del área corporativa, sobre la película "Monsters Inc." y lo que nos enseña acerca de la reorganización… more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Reorganizations

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Rebecca Merrill

Healthcare Coalition Sues HHS Secretary Kennedy Over Vaccine Policy Changes

On July 7, 2025, a coalition of healthcare organizations – including the American Academy of Pediatrics, American College of Physicians and Infectious Diseases Society of America, along with a pregnant Massachusetts physician –… more

Administrative Procedure Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Minors

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Laura Merritt

U.S. Copyright Office Issues Report on Copyrightability of Generative Artificial Intelligence Outputs

The U.S. Copyright Office recently addressed the copyrightability of outputs created using generative artificial intelligence (AI) in Part 2 of its Copyright and Artificial Intelligence Report.  The Copyright Office concluded… more

Artificial Intelligence, Copyright, Copyright Office, Copyright Registration, Intellectual Property Protection

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Lee Meyercord

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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David Mignardi

Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the… more

Citizenship, CMBS, Commercial Mortgage Securitization, Commercial Mortgages, Coronavirus/COVID-19

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Landon Mignardi

Cooperation with SEC: Yielding More Benefits, but Lack of Predictability Remains

Although the SEC has long adhered to its Seaboard Report of Investigation to outline the analytical framework for the agency's cooperation program for companies, the exact benefits of self-policing, self-reporting, cooperation… more

Administrative Proceedings, Civil Monetary Penalty, Cooperation, Corporate Counsel, Department of Justice (DOJ)

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Nicholas Milano

Minor Change in the Law Could Save Florida Landlords Hundreds of Hours Per Year

To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances becomes law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real… more

Amended Legislation, Commercial Leases, Landlords, Rental Property, Residential Leases

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Mike Miller

Independent Sponsors: Section 1202 Qualified Small Business Stock

The tax benefits conveyed by Section 1202 of the Internal Revenue Code to owners of qualified small business stock (QSBS) have been available to small business owners in some form since Section 1202 was first enacted in 1993… more

Acquisitions, C-Corporation, Corporate Taxes, Internal Revenue Code (IRC), Investment Funds

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Kate Minnich

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Derrick Mitchell

Commerce Department Announces BEAD Program State Funding Totals

The U.S. Department of Commerce on June 26, 2023, announced funding for each state, U.S. territory and the District of Columbia for high-speed internet infrastructure development through the Broadband Equity Access and… more

Bonds, Broadband, FCC, Federal Funding, Government Bonds

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Jeffrey Mittleman

U.S. Pharmaceutical Manufacturing and Supply Chain: 2025 Risks, Opportunities for Stakeholders

The U.S. House of Representatives Committee on Energy and Commerce's Subcommittee on Health held a recent hearing titled "Made in America: Strengthening Domestic Manufacturing and the Health Care Supply Chain." The hearing… more

APIs, Congressional Committees, Congressional Investigations & Hearings, Drug Pricing, Food and Drug Administration (FDA)

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Sadie Mlika

New Guidance Regarding Fintiv Discretionary Denial at the PTAB

Two recent memoranda from the Patent Trial and Appeal Board (PTAB or Board) have sought to clarify the factors by which boards will evaluate discretionary denial under Fintiv. This guidance follows the U.S. Patent and Trademark… more

America Invents Act, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Litigation Strategies, Multi-Factor Test

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Kamran Mohiuddin

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget would… more

Budget Cuts, Clean Air Act, Clean Water Act, Deregulation, Enforcement Priorities

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Victor Moldovan

Healthcare Law Update: February 2020

Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims - In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark Act… more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Diagnostic Tests

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John Monaghan

First Circuit: Trademark Licensee Doesn't Retain Rights After Rejection by Bankrupt Licensor - Court's Decision Causes Circuit Split, Sheds Different Light on Section 365 of Bankruptcy Code

• Considered without reference to a corresponding definition, Section 365(n) of the Bankruptcy Code seems clear. If the trustee or debtor-in-possession, as licensor, rejects an executory intellectual property license, the… more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Taylor Monnig

CMS Proposes Minimum Staffing Standards for Long-Term Care Facilities

The Centers for Medicare & Medicaid Services (CMS) published a proposed rule on Sept. 1, 2023, that, if finalized, would impose minimum staffing standards for long-term care facilities participating in Medicare or Medicaid… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Long Term Care Facilities, Long-Term Care, Medicaid

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Paul Monsour

SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules… more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Heather Montoya

Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery (Cybergenics),… more

Aiding and Abetting, Bad Faith, Bankruptcy Court, Breach of Duty, Commercial Bankruptcy

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Milton Montoya

UPME publica nuevo Plan Nacional de Desarrollo Minero para Colombia

La Unidad de Planeación Minero-Energética (UPME) publicó la versión definitiva del Plan Nacional de Desarrollo Minero para Colombia con visión a 2035. Este documento se erige como la ruta estratégica que llevará al desarrollo… more

Colombia, Corporate Social Responsibility, Economic Development, Energy Policy, Environmental Policies

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Danielle Moore

Leasing Guidance During COVID-19: A Look at Various Lease Covenants

As large retailers, small shops, restaurants, entertainment venues, gyms and movie theaters have shut their doors in response to social distancing efforts and mandated closures by governmental authorities, many of these affected… more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords

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Letitia Moore

California's Microplastics Proposal: Impacts on the Consumer Products Supply Chain: The Proposed Listing of Microplastics Reflects Ongoing Regulatory Scrutiny of Plastic Products, Usage and Supply Chain. What Should Consumer Product Companies Do Now? Proactive Steps Can Position Companies as Leaders, Reduce Risk and Enhance Brand Resilience.

California's Department of Toxic Substances Control (DTSC) has proposed listing microplastics on its "Candidate Chemicals List" under the Safer Consumer Products (SCP) Program, a regulatory framework designed to reduce toxic… more

Comment Period, Consumer Protection Laws, Environmental Policies, Manufacturers, NPRM

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Humberto Morales

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Eamonn Moran

CFPB Announces Updated Regulatory and Rulemaking Priorities

The CFPB released its semiannual Unified Rulemaking Agenda update on Aug. 15, 2025, outlining its rulemaking initiatives. The CFPB releases regulatory updates twice per year reflecting the agency's plans to propose, finalize or… more

Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank, Final Rules, Mortgage Servicers

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John Moran

Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible… more

Abstract Ideas, Apple, Cameras, Claim Construction, Patents

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Henry Moreno

To Compete or Non-Compete: Rulemaking Proposal Aims to Ban Non-Competes Nationally

A majority of states currently recognize the enforceability of non-compete agreements to some extent. Generally, these agreements prohibit employees from working in the same or similar profession for a period of time following… more

Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Jaime Israel Moreno

Virtual Shareholders Meetings: Draft Decree Amends Mexico's General Law of Commercial Companies

The Mexican Senate, on Sept. 12, 2023, unanimously approved the draft Decree reforming several provisions of the General Law of Commercial Companies (Ley General de Sociedades Mercantiles or LGSM). By virtue of this reform, it… more

Bylaws, Corporate Governance, General Corporation Law, Mexico, Pending Legislation

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Francesca Morris

NYC's Guaranty Law Violated the Contracts Clause of the U.S. Constitution

Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults that… more

Business Interruption, Commercial Leases, Commercial Property Owners, Constitutional Challenges, Contracts Clause

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Barton Morrison

Holland & Knight's Israel Practice Newsletter: Spring 2018

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than… more

Aircraft, Anti-Discrimination Policies, Collective Bargaining, Commercial Leases, Cryptocurrency

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Gerald Morrissey III

USTR Announces Streamlined Notice of Action to Counter Chinese Dominance in the Maritime Sector

The U.S. Trade Representative (USTR) on April 17, 2025, announced its long-awaited final proposed measures to combat China's dominance in the maritime sector by imposing fees on Chinese-linked ships. Public criticism of new… more

China, Executive Orders, Fees, International Trade, Maritime Transport

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Anita Mosner

Commercial Aviation Regulatory Policies and Priorities in the Trump Administration

The incoming Trump Administration has strongly signaled its intent to narrow the role and scope of government regulation. Although aviation will always be subject to stringent and pervasive safety regulation, this post examines… more

Antitrust Provisions, Aviation Industry, Biden Administration, Chevron Deference, Chevron v NRDC

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Anthony Mulrain

Private Equity's Time on the Bench Is Over: NFL Owners Allow Private Equity Fund Investments

Private equity funds have been patiently waiting on the sidelines for their chance to invest in the NFL, and they have finally been called off the bench to show what they can do. Every NFL team owner except for one has voted to… more

Franchises, Investment Opportunities, Investors, NFL, Private Equity

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Neely Munnerlyn

IRS Proposes Key Changes to Roth Catch-Up Contributions Under SECURE 2.0

The IRS has issued proposed regulations that clarify and implement catch-up contribution changes introduced by the SECURE 2.0 Act of 2022. Although these changes affect various forms of retirement plans, including 401(k), 403(b)… more

401k, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employee Contributions

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Franklin Muñoz

California's Summer Blockbuster, Continued!: CEQA Administrative Record Requirements Revised

Senate Bill (SB) 131 includes reforms to litigation procedure under the California Environmental Quality Act (CEQA) intended to relieve the burden on CEQA litigants when preparing the CEQA administrative record and speed up the… more

Administrative Record, CEQA, Housing Developers, Infill Development, New Legislation

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William Mureiko

House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning

The House Committee on Ways and Means has proposed a tax plan intended to fund President Joe Biden's "Build Back Better" $3.5 trillion infrastructure program. Among the many changes in this proposed tax plan are three that will… more

Biden Administration, Business Valuations, Congressional Committees, Estate Planning, Estate Tax

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Cesar Murillo

México impulsa la economía circular con reformas legales y polos de desarrollo

En un movimiento estratégico para impulsar un modelo económico más sostenible, el gobierno de la administración de Claudia Sheinbaum ha puesto en marcha un ambicioso plan para impulsar la economía circular en las nuevas áreas de… more

Circular Economy, Economic Development, Economic Growth, Environmental Policies, Federal Land

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Christopher Murphy

Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of the… more

Appeals, Surveys, TCPA, Unsolicited Advertisements, Unsolicited Faxes

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Brian Murray

Healthcare Law Update: February 2021

To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements or… more

Anti-Kickback Statute, Attorney-Client Privilege, Civil Monetary Penalty, Data Collection, Department of Health and Human Services (HHS)

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Sean Muzquiz

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Lance Myers

New York LLC Transparency Act Update: Finally, Some Clarity

The New York LLC Transparency Act (NY LLCTA) will become effective as of Jan. 1, 2026, and will require limited liability companies (LLCs) formed, or qualified to do business, in the state of New York to disclose individual… more

Annual Reports, Attestation Requirements, Beneficial Owner, Corporate Governance, Corporate Transparency Act

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Hannah Myslik Maloney

Baby HSRs: States Are Modeling Laws After Federal Act to Investigate More Transactions

In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the… more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Health Care Providers, Mergers

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Charles Naftalin

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Christian Nagel

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case provides… more

Army, Bid Protests, COFC, Contract Disputes, Court of Federal Claims

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Andrew Namkung

Office of Inspector General Highlights Flat Fee Structures Not Immune From Anti-Kickback Statute

The U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 25-08 (Opinion) on July 7, 2025, highlighting the limitations of the often-leveraged Personal Services and Management… more

Advisory Opinions, Anti-Kickback Statute, Competition, Department of Health and Human Services (HHS), Flat Fees

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Stuart Nash

Hemp Industry Brings Case Against DEA to Clarify DEA's Hemp Rule

A hemp trade association and a hemp company have filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit challenging the U.S. Drug Enforcement Administration's (DEA) Interim Final Rule (IFR). The DEA… more

Appeals, Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Farm Bill

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Bryan Neal

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley submitted… more

ADEA, Age Discrimination, Algorithms, Artificial Intelligence, Collective Actions

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Jesse Neil

Podcast - Conversions of Public Hospitals

In this episode of "Counsel That Cares," healthcare attorney Jesse Neil examines the unique challenges and strategic options facing public hospitals, with a focus on navigating the turbulent waters of healthcare transformation… more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Hospitals, Physicians

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Evan Nelson

Chevron Deference Running on Fumes?

Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision in… more

Administrative Interpretation, Chevron Deference, Clean Air Act, Congressional Intent, Constitutional Challenges

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Phillip Nelson

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's 2016… more

Bankruptcy Court, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Stacie Polashuk Nelson

The Donald Sterling Case Provides Valuable Trustee Incapacity Insights - Establishing the Most Effective Instruments to Evaluate Trustees Can Be a $2 Billion Issue

The ideal individual trustee has a wide variety of real world experience and judgment that can only be acquired over decades. Thus, many trustees are middle-aged or older at the start of their tenure. While some people remain… more

Fiduciary Duty, Succession Planning, Trustees, Trusts

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Yasmin Nelson

Executive Order Briefing: Guaranteeing Fair Banking for All Americans

President Donald Trump on Aug. 7, 2025, signed an executive order (EO or order) titled "Guaranteeing Fair Banking for All Americans," which declares that no American should be denied access to financial services based on… more

Anti-Money Laundering, Banking Sector, Banks, Department of Justice (DOJ), Discriminatory Lending Practices

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Judy Nemsick

Trump 2.0: Will This Administration Ratify Montreal Protocol 2014?

In January 2017, Holland & Knight wrote about whether the first Trump Administration would sign and ratify the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, known as Montreal… more

Aviation Industry, Compliance, Foreign Policy, International Treaties, National Security

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Daniel Neustadt

U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee… more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Michael Brill Newman

Big Changes on the Horizon for Alcohol Licensing in Alaska

Recently signed legislation in Alaska promises to upend the alcohol industry and rework the state's licensing structure. On June 16, 2022, Alaska Gov. Mike Dunleavy signed into law Senate Bill 9 – a comprehensive rewrite of the… more

Alcohol Beverage Control, Amended Legislation, Governor Dunleavy, Liquor Licences, New Legislation

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Kathleen Nicholas

Capturing Industrial Base from the DoD

With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is… more

Appropriations Bill, Biden Administration, CARES Act, China, Defense Contracts

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Tracy Nichols

Knee Deep in the Big Muddy of Director Compensation and Stockholder Ratification

• The Delaware Supreme Court delivered a gift to the plaintiffs' bar with its recent opinion reversing the Court of Chancery's In Re Investors Bancorp, Inc. Stockholder Litigation decision. • This decision, the first Delaware… more

Appeals, Board of Directors, Corporate Counsel, DE Supreme Court, Director Compensation

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Mary Kate Nicholson

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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John Nix

U.S. Patent and Trademark Office Set to Increase Trademark Fees

The Director of the U.S. Patent and Trademark Office (USPTO) has notified the Trademark Public Advisory Committee (TPAC) of the USPTO's intent to restructure existing trademark fees and released its preliminary trademark fee… more

Comment Period, Effective Date, Filing Fees, NPRM, Public Hearing

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Jim Noe

Interior Department Streamlines Oil and Gas Leasing Process on Public Lands

In a significant policy shift, the U.S. Department of the Interior announced a Bureau of Land Management (BLM) policy update designed to expedite the oil and gas leasing process on public lands. Through a newly issued… more

Bureau of Land Management, Department of the Interior, Energy Policy, Energy Sector, Expedited Actions Process

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Christopher Nolan

The Scope of "As-Is" Provisions in Your Vessel's Purchase and Sales Agreement

An "as-is" provision in a purchase and sale agreement is a key component of said agreement. As such, litigation over the scope of this type of clause is noteworthy. While an ongoing dispute in the U.S. District Court for the… more

As-Is Clauses, Breach of Contract, Business Litigation, Contract Disputes, Contract Terms

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Jeffrey Nolan

Civil Rights Laws and False Claims Act: What Colleges and Universities Need to Know Now

The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws and… more

Anti-Discrimination Policies, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions

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Elizabeth Noll

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Santiago Noriega

Mexico Approves Bill Regarding Electronic Financial Transactions

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the… more

Certificate of Deposit, Covered Transactions, Cryptoassets, Cryptocurrency, Digital Signature Standards

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Daniel Noste

FinCEN Geographic Targeting Order Imposes Additional Recordkeeping and Reporting Requirements

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 11, 2025, issued a Geographic Targeting Order (the Southwest GTO) as part of a "whole-of-government approach" to leverage all available… more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cartels, Executive Orders

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Carolina Nuche

Tax Liability Issues to Consider for High-Net-Worth Couples in Divorce

Divorce is not a topic most clients or tax advisors enjoy discussing. Nevertheless, it is important in today's day and age to advise clients, especially high-net-worth individuals with substantial assets located in the U.S. and… more

Alimony, Divorce, FIRPTA, Gift Tax, Grantor Trusts

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Amy O'Brien

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Joe O'Brien

A New House Speaker: Who Is Michael Johnson?

Rep. Mike Johnson (R-La.) was elected Speaker of the U.S. House of Representatives on Oct. 25, 2023, by a vote of 220-209, with all Republicans voting in his favor. Johnson, the 56th Speaker of the House, is now tasked with… more

Legislative Agendas, Political Parties, Speaker of the House

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Marina Veljanovska O'Brien

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Molly O'Casey

China's Comprehensive Retaliation Against U.S. Tariffs

China on April 4, 2025, announced a third and significantly escalated round of retaliatory measures in response to the United States' latest tariff action. This follows President Donald Trump's Executive Order (EO) 14257 issued… more

China, Economic Sanctions, Executive Orders, Export Controls, Exports

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Scott O'Connell

Empowering and Guiding Professionals with Mentorship: Holland & Knight's 2025 National Mentoring Month Video

This National Mentoring Month, we are proud to highlight the inspiring stories of mentorship among our attorneys. Offering guidance and coaching to our younger professionals is crucial for their development and growth. For… more

Business Development, Career Development, Mentors, Professional Development

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Olivia O'Dwyer

New Law Expands Covered Sick Time Under Massachusetts Earned Sick Time Law

The Massachusetts law, An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options (the Act), provides comprehensive access and coverage for midwifery, birth centers, doulas and related screening and treatment… more

Covered Employees, Earned Sick Time, Effective Date, Employee Rights, New Legislation

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Courtney Oakes

Update on Hunstein Decision: Eleventh Circuit Vacates Original Panel Decision

The U.S. Court of Appeals for the Eleventh Circuit issued its initial opinion on Hunstein v. Preferred Collection and Management Services, Inc., No. 8:19-cv-00983-TPB-TGW on April 21, 2021. As previously discussed in a Holland &… more

Appeals, Data-Sharing, Debt Collection, Debt Collectors, En Banc Review

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Kathryn Oberto

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a… more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

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Manuel Ocampo

UPME publica nuevo Plan Nacional de Desarrollo Minero para Colombia

La Unidad de Planeación Minero-Energética (UPME) publicó la versión definitiva del Plan Nacional de Desarrollo Minero para Colombia con visión a 2035. Este documento se erige como la ruta estratégica que llevará al desarrollo… more

Colombia, Corporate Social Responsibility, Economic Development, Energy Policy, Environmental Policies

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Carlos Ochoa

Mexico's Energy Secretary Resumes Deadlines and Timeframes for CNH Matters

The Ministry of Energy (Secretaría de Energía or SENER) published on April 29, 2025, in the Federal Official Gazette, the "Agreement resuming the deadlines and terms for the reception and proceeding on matters within the… more

Deadlines, Electronic Filing, Energy Policy, Energy Sector, Filing Deadlines

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Joshua Odintz

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Alexander Olama

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Ronald Oleynik

Reciprocal Tariff Update: State of Bilateral Negotiations

As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential… more

Canada, China, India, International Emergency Economic Powers Act (IEEPA), International Trade

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Jackson Oliver

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Juan Felipe Fontecha Mejía

Nuevo proyecto de decreto para el sistema de finanzas abiertas en Colombia

La Unidad de Regulación Financiera (URF) publicó para comentarios al público una nueva versión del proyecto de decreto por medio del cual se pretende regular el sistema de finanzas abiertas en Colombia… more

Colombia, Consumer Privacy Rights, Data Privacy, Data Protection, Financial Regulatory Reform

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Kristine Orozco-Little

The Upcoming Trump Administration and Its Impact on Motor Carrier Regulations

In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump… more

Commercial Truck Drivers, Department of Transportation (DOT), FMCSA, Motor Carriers, Regulatory Agenda

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Adrián Ortiz de Elguea

México publica reformas y actualizaciones en la normativa energética

México publicó reformas y actualizaciones a diversas leyes y regulaciones energéticas, como se describe a continuación. Simplificación fiscal al régimen fiscal de PEMEX. Ahora PEMEX sólo está obligada a pagar el Derecho… more

Electricity, Energy Policy, Energy Projects, Energy Reform, Energy Sector

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Maria Otero

IRS, State of California Offer Tax Relief for Wildfire-Impacted Taxpayers in Los Angeles County

In response to a Federal Emergency Management Agency (FEMA) declaration on the Los Angeles wildfires, the IRS on Jan. 10, 2025, issued a news release, IR-2025-10, which postpones certain tax-filing and tax-payment deadlines for… more

Business Entities, Business Taxes, California, Corporate Counsel, FEMA

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Marcelo Ovejero

Justice Department Announces New Corporate Whistleblower Pilot Program

After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot… more

CFTC, Corruption, Department of Justice (DOJ), Extortion, Federal Pilot Programs

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Kevin Packman

FinCEN Issues Additional Helpful Guidance on How to Report a Dissolution of a Company

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Sept. 10, 2024, issued four FAQs to update and clarify how reporting should be undertaken for reporting companies that are dissolved prior to… more

Beneficial Owner, Compliance, Corporate Dissolution, Corporate Transparency Act, FinCEN

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Kristin Padgett

SEC Adopts Exhibit Hyperlink Requirement

•The U.S. Securities and Exchange Commission has adopted amendments (final rules) that will require registrants to include hyperlinks to exhibits. •The final rules apply to certain periodic reports under the Securities… more

Foreign Private Issuers, Hyperlink, New Amendments, Registration Statement, Securities Act of 1933

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Maggie Pahl

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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James Paine

Recommendations to Manage Business Costs in Preparation for a Recession

As inflation hits a 40-year high and stock market valuations decline, many economists agree that a recession is looming in the U.S. While the timing or extent of a recession cannot be predicted, it is important to be prepared… more

Business Strategies, Economic Downturn, Financial Markets, License Agreements, Outsourcing

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Estefanny Pardo

Colombia emite nuevo informe de la Superintendencia de Sociedades

La Superintendencia de Sociedades de Colombia, el 14 de marzo de 2025, emitió una circular externa encargada de integrar las disposiciones de presentación de los informes 75, 58 y 67, así como de la adición del Informe 08 –… more

Business Entities, Colombia, Corporate Governance, Environmental Social & Governance (ESG), Filing Requirements

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Gustavo Pardo

Colombia: Planeación tributaria frente al impuesto de timbre nacional

El artículo 8 del Decreto 0175 de 14 de febrero de 2025 modificó el parágrafo 2 del artículo 519 del Estatuto Tributario Nacional de Colombia, reviviendo desde el 22 de febrero de 2025 hasta el 31 de diciembre de 2025 el… more

Colombia, Documentary Stamp Tax, Stamp Taxes, Tax Authority, Tax Planning

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Josafat Paredes

Decree Limiting Fuel Imports in Mexico

The Secretary of Energy in Mexico (Secretaría de Energía en México o SENER) on Oct. 23, 2023, published in the Official Gazette of the Federation (Diario Oficial de la Federación o DOF) the "Decree establishing measures to… more

Compliance, Energy Sector, Hydrocarbons, Illegal Imports, Imports

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Sarah Parker

Recommendations to Manage Business Costs in Preparation for a Recession

As inflation hits a 40-year high and stock market valuations decline, many economists agree that a recession is looming in the U.S. While the timing or extent of a recession cannot be predicted, it is important to be prepared… more

Business Strategies, Economic Downturn, Financial Markets, License Agreements, Outsourcing

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Barbra Parlin

Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery (Cybergenics),… more

Aiding and Abetting, Bad Faith, Bankruptcy Court, Breach of Duty, Commercial Bankruptcy

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Kenneth Parsons

Impact of the One Big Beautiful Bill Act on Tax-Exempt Organizations

President Donald Trump signed into law the One Big Beautiful Bill Act (OBBB) on July 4, 2025, marking a victory for his administration's ability to advance major policy priorities in his second term domestic agenda, including… more

Charitable Organizations, Colleges, Donors, Educational Institutions, Excise Tax

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Sarah Korapaty

Flying with COVID-19: Navigating Potential Passenger Claims Against Airlines

On March 16, 2020, a U.S. carrier was held before takeoff at JFK International Airport in New York after a passenger alerted flight attendants that they were exposed to someone who had tested positive for coronavirus. The… more

Airline Passengers, Airlines, Aviation Industry, Coronavirus/COVID-19, Corporate Liability

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Adam Paterno

New York Could Further Limit Retainage on Public and Private Construction Projects

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical bills,… more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Prompt Payment

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Daniel Patten

Podcast - Innovations and Insights in the Palliative Care Space

In this episode of "Counsel That Cares," Daniel Patten, a partner in Holland & Knight's Healthcare Regulatory & Enforcement Practice, and Spencer Freeman, chief strategy officer at Gentiva, discuss the challenges and… more

Artificial Intelligence, Health Care Providers, Hospice, Medicare, Risk Management

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Melissa Pereira

Corporate Transparency Act: Government Appeals Smith Case, Seeks Reporting Rule Reinstatement

Here are the latest developments in the ongoing Corporate Transparency Act (CTA) saga… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Anna Catalina Perez

Podcast - Betty … "Llegaron los meseros"

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Anna Catalina Pérez, abogada corporativa, sobre una escena icónica de la famosa novela colombiana "Betty la Fea". Dicha escena narra una reunión… more

Colombia, Corporate Governance, Podcasts, Television Shows

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Monica Perkowski

Department of Labor Weighs in on 401(k) Forfeiture Class Actions

Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974 (ERISA)… more

401k, Benefit Plan Sponsors, Class Action, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Ed Perlmutter

Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?

In this episode of "The Eyes on Washington Podcast," Public Policy & Regulation attorneys Michael Werner, Sara Klock, Joshua Odintz and Ed Perlmutter discuss the proposed rule by the U.S. Drug Enforcement Administration (DEA) to… more

Controlled Substances, Controlled Substances Act, DEA, Marijuana, Schedule I Drugs

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Mark Peters

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is… more

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

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Sara Peters

Executive Order Tightens Federal Grant Oversight: What Grant Recipients Need to Know

The Trump Administration on Aug. 7, 2025, issued a sweeping executive order titled "Improving Oversight of Federal Grantmaking" (the Order or EO), which is aimed at overhauling the federal grantmaking process. Framed as a… more

Corporate Counsel, Executive Orders, Federal Grants, Funding Opportunities, Government Agencies

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Rafe Petersen

Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law

In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's decision… more

Automotive Industry, Clean Air Act, Clean Energy, Constitutional Challenges, Electric Vehicles

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Ryan Phelps

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Ashley Phillips

The Path to Class VI Primacy in Texas: MOA Reveals State and Federal Priorities for Program

Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between the… more

Carbon Capture and Sequestration, Environmental Protection Agency (EPA), Memorandum of Agreement, Notice and Comment, Oil & Gas

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Christopher Phillips

Fourth Circuit Limits Beneficiary Bank Liability in BEC Schemes, Requires Actual Knowledge

Business email compromise (BEC) fraud, driven by technology and increasing sophistication by criminal organizations, has become a major issue for both consumers and financial institutions. According to a September 2024… more

Appeals, Corporate Liability, Credit Unions, Electronic Communications, Email

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Dianne Phillips

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Rich Phillips

SEC in Constitutional Danger Zone Following Several Recent Decisions

The constitutional spotlight is shining on the U.S. Securities and Exchange Commission (SEC). In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional… more

Administrative Law Judge (ALJ), Administrative Proceedings, Appellate Courts, Appointments Clause, Certiorari

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Willie Phillips Jr.

Building Your Future at Holland & Knight: Willie Phillips' Transition from Public Sector to Partner

Public Policy & Regulation attorney Willie Phillips discusses his transition from serving as chairman of the Federal Energy Regulatory Commission (FERC) to becoming a partner at Holland & Knight. With extensive experience as a… more

Business Development, Career Development, FERC, Firm Leadership, Law Firm Partners

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Nicholas Pierre-Paul

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow… more

Administrative Procedure Act, Automotive Industry, Car Dealerships, CARS Rule, Enforcement

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Zach Pilchen

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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Tanisha Pinkins

First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and… more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

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Pamela Pinto Rangel

90-Day Suspension of the U.S. Application of 30 Percent Tariffs on Products from Mexico

U.S. President Donald Trump announced on July 12, 2025, the imposition of an additional 30 percent tariff on imports originating from Mexico, with an effective date of Aug. 1, 2025. This measure was introduced independently of… more

Imports, International Trade, Mexico, Tariffs, Time Extensions

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Andrew Piper

Florida Gov. Ron DeSantis Signs 2025 Tax Bill into Law

Florida Gov. Ron DeSantis recently signed House Bill 7031 into law, enacting sweeping changes to Florida's tax statutes that include updates to the sales tax on commercial leases, sales tax relief, certain corporate income tax… more

Commercial Leases, Corporate Taxes, Governor DeSantis, New Legislation, Property Tax

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Elizabeth Pitman

HIPAA's Reproductive Health Rule Is Vacated Nationally

The U.S. District Court for the Northern District of Texas on June 18, 2025, issued an order vacating the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, published on April 26, 2024, which amended the Health… more

Data Privacy, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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James Pittman

FY 2025 Budget Support Act Funds New Tax Abatement in Central Washington, D.C.

The Council of the District of Columbia held its second vote on the fiscal year (FY) 2025 Budget Support Act (BSA), which was unanimously approved on June 25, 2024. As part of the amended text, the Council funded the Central… more

Budgets, Commercial Property Owners, Conversion, Conversion Requirements, Residential Property Owners

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Karla Pizarro

Canceling the Word "Shall" in Leases, Contracts and Legal Forms

The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and arduous… more

Commercial Leases, Contract Drafting, Contract Terms, Standard Forms

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Kurt Plankl

BIMCO's New USTR Clause for Time Charter Parties 2025: Key Takeaways for Owners and Charterers

The Baltic and International Maritime Council (BIMCO) on July 22, 2025, published a standard clause for time charter parties to address contractual uncertainties arising from the U.S. Trade Representative's (USTR) recent actions… more

Charter, China, Contract Terms, Fees, International Maritime Organization (IMO)

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Rebecca Plasencia

Holland & Knight's China Practice Newsletter: May-June 2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making… more

Attorney-Client Privilege, China, Class Action, Construction Project, Due Diligence

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Brian Platton

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient… more

Business Associates, Data Privacy, Data Security, Data Selling, De-Identification

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Tamsen Plume

"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing the… more

Affordable Housing, CEQA, General Plan, Grace Period, Housing Developers

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Leslie Pollner

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the… more

Appropriation, Biden Administration, Federal Acquisition Regulations (FAR), Federal Budget, Federal Funding

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Scott Ponce

Prior Restraint Vacated in Lawsuit by Haiti's Prime Minister

A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for… more

Defamation, Free Speech, Prior Restraint

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Alexa Póo

Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions… more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Vlad Popik

New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,… more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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Joshua Porte

Law Firm MSOs and Legal Ethics Regulations: Lessons from Texas Opinion 706

The Professional Ethics Committee for the State Bar of Texas (Committee) in February 2025 issued Opinion No. 706, the first ethics opinion that squarely addressed the use of law firm management service organizations (MSOs). The… more

Business Strategies, Conflicts of Interest, Ethics, Fee-Splitting, Law Firm Ownership

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Javan Porter

Former MoviePass Executive Consents and Pleads Guilty in Parallel SEC and DOJ Cases

In Hollywood, the sequel (or, even more so, the third installment) is rarely as good as the original movie. In the world of enforcement, the same rings true… more

Artificial Intelligence, Consent Order, Corporate Governance, Corporate Misconduct, Criminal Conspiracy

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Jeff Porter

Hopefully EPA Will Soon Pass Judgment on New Technologies to Destroy PFAS

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) announced "major EPA actions to combat PFAS contamination." EPA Administrator Lee Zeldin said that he has "long been concerned about PFAS and the efforts to help… more

Contaminated Properties, Department of Defense (DOD), Drinking Water, Environmental Protection Agency (EPA), Groundwater

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Aaron Powell

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the… more

Carbon Capture and Sequestration, Contract Terms, Energy Storage, Mineral Leases, Mineral Rights

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James Harold Power

O.W. Bunker Aftermath: Actions Every Owner Should Take to Protect Against Secret Liens

• The high-profile collapse of the O.W. Bunker Group has caused havoc in the maritime industry and illustrated the need for owners to take every step possible to avoid allowing any lien for bunkers attached to its vessel. •… more

Commercial Bankruptcy, Contract Terms, Indemnity Insurance, Lack of Authority, Maritime Liens

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Gerardo Prado Hernandez

Mexico and PODECIBI: The New Regional Frontier for Investment in the Circular Economy

The "Decree granting tax benefits in the Circular Economy Development Poles for Well-Being" in Mexico was published on July 4, 2025. This decree will grant tax benefits to companies and developers that invest in the Circular… more

Circular Economy, Economic Development, Environmental Policies, Incentives, Investment

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Kayla Leland Pragid

The Tax and Trade Outlook from Washington, D.C., for Equine Businesses

As Congress shifts into gear on the budget reconciliation process and tax day approaches, there are several key issues for horse owners to keep in mind. In the 119th Congress, there are two proposals that have been reintroduced… more

Budget Reconciliation, Capital Gains, Corporate Taxes, Depreciation, Estate Tax

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Lauren Caverly Pratt

First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and… more

Artificial Intelligence, Artists, Clones, Criminal Liability, Deep Fake

See all updates »

Douglas Praw

What to Consider When Buying Real Estate Promissory Notes

Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for… more

Chain of Title, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Creditors

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David Preiss

California Court Clarifies 5-Acre Maximum Project Site Requirement Under CEQA Infill Exemption

In a recently published decision and a case of first impression, the California Court of Appeal has held that development limited to a 2.38-acre portion of an existing 12-acre shopping center qualified for the "infill exemption"… more

CEQA, Construction Project, Environmental Review, Infill Development, Shopping Centers

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Joshua Prever

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,… more

Appeals, Banking Sector, Constitutional Challenges, Due Process, Foreclosure

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Sean Pribyl

Importers Beware: Signals Point to Significant Enforcement Risks for Tariff Evasion

As importers await outcomes from the Trump Administration's trade negotiations, a series of newly imposed tariffs continues to impact a broad spectrum of imported products and related supply chains. Businesses are currently… more

Customs, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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John Pritchard

The Ex-Im Bank as Biden Begins

For several years, until May 2019, the Export-Import Bank of the United States (Ex-Im Bank) lacked sufficient directors to field a quorum for approval of any new commitments for transactions other than to approve short-term to… more

Aircraft, Airlines, Banking Sector, Biden Administration, Borrowers

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Rachel Provencher

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Alec Puig

Holland & Knight's Israel Practice Newsletter - Winter 2017

Holland & Knight invites you to read our Winter 2017 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than… more

Anti-Bribery, Critical Infrastructure Sectors, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ)

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Roberto Pupo

CMS Expands Groups Eligible for Accelerated Medicare Payments Program During COVID-19 Emergency

On the day following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), the Centers for Medicare & Medicaid Services (CMS) made clear its intention to expand the groups of medical providers… more

Accelerated Payments, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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Wendy Qiu

DOJ Expands Framework for Cracking Down on Corporate Crime

In a speech to prosecutors, policymakers and academics on Sept. 15, 2022, U.S. Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) would no longer "accept business as usual" when it comes… more

Compliance, Corporate Crimes, Corporate Culture, Corporate Misconduct, Department of Justice (DOJ)

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Norberto Quintana

Argentina Announces Preliminary Highway P3 Bidding Guidelines

On Dec. 7, 2017, the Ministry of Finance of the Republic of Argentina published the preliminary terms and conditions and technical specifications for Stage 1 of its first public-private partnership (P3) initiative in the… more

Argentina, Bid Solicitation, Construction Industry, Infrastructure, Project Finance

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Kenneth Racowski

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York… more

Acquisitions, Antitrust Division, Antitrust Provisions, Compliance, Department of Justice (DOJ)

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Steven Raffaele

SCOTUS Continues to Limit the Exercise of Specific Personal Jurisdiction

Three years after its decision in Walden v. Fiore, the U.S. Supreme Court issued another decision that continues its trend of limiting the exercise of specific personal jurisdiction over non-resident defendants. In Bristol-Myers… more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Forum Selection, Minimum Contacts, Non-Residents

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Jessica Ragosta Early

Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a safe… more

Affordable Housing, Fair Market Value, LIHTC, Low Income Housing, Nonprofits

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Krithika Rajkumar

Empowering and Guiding Professionals with Mentorship: Holland & Knight's 2025 National Mentoring Month Video

This National Mentoring Month, we are proud to highlight the inspiring stories of mentorship among our attorneys. Offering guidance and coaching to our younger professionals is crucial for their development and growth. For… more

Business Development, Career Development, Mentors, Professional Development

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Meg Raker

Understanding the Landlord's Lien

In the world of commercial leases, a landlord's lien can be a critical tool that provides an additional layer of security for the landlord against tenant defaults. But what exactly does this mean for the landlord, the tenant and… more

Commercial Leases, Commercial Tenants, Landlords, Liens, Perfected Security Interest

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Turenna Ramirez

90-Day Suspension of the U.S. Application of 30 Percent Tariffs on Products from Mexico

U.S. President Donald Trump announced on July 12, 2025, the imposition of an additional 30 percent tariff on imports originating from Mexico, with an effective date of Aug. 1, 2025. This measure was introduced independently of… more

Imports, International Trade, Mexico, Tariffs, Time Extensions

See all updates »

J. Keith Ramsey

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state… more

Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts

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Jennifer Rangel

Upcoming Utilization Review Restrictions in Light of Emerging Artificial Intelligence

With the rapid development of artificial intelligence (AI), state legislatures have been attempting to keep up with the technological advancing surge. Most recently, Texas enacted Senate Bill (SB) 815, a law imposing greater… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Health Insurance, Insurance Industry

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Harshita Rathore

New York Aims to Restore Choice in CDPAP with Expanded Fiscal Intermediary Licensure

New York State lawmakers introduced a new bill this past week hoping to reverse recent structural changes to the Consumer Directed Personal Assistance Program (CDPAP) by allowing multiple licensed Fiscal Intermediaries (FIs) to… more

Consumer Protection Laws, Healthcare, Home Health Care, Intermediaries, Medicaid

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Pooja Ravisankar

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Eric Ray

Can a Commercial Landlord Engage in Self-Help Against a Tenant in Default?

The COVID-19 pandemic caused unprecedented financial damage to the commercial real estate sector. Commercial landlords were forced to make difficult decisions, including whether to accept rent abatements, payment deferrals,… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Conversion, Eviction

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Timothy Ray

Juneteenth

Holland & Knight stands in recognition of Juneteenth, the oldest nationwide observance of the emancipation of enslaved persons in the United States. This day serves as a tribute to the liberty, culture and accomplishments of… more

Diversity, Diversity and Inclusion Standards (D&I), Race Relations

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Colbey Reagan

Rescission of the DHS Protected Areas Policy: Implications for Healthcare Systems

On the newly installed Trump Administration's first day, the U.S. Department of Homeland Security (DHS) rescinded the Biden Administration's guidelines for immigration enforcement actions in or near protected areas, such as… more

Churches, Data Privacy, Department of Homeland Security (DHS), Enforcement Priorities, Health Care Providers

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Patrick Reagin

Litigation Funding in Georgia: New Registration and Disclosure Requirements

Georgia Gov. Brian Kemp on April 21, 2025, signed into law Senate Bills (SB) 68 and 69 – Georgia's headline-grabbing tort reform bills (the Tort Reform Package). Though much has been published about the Tort Reform Package's… more

Contract Terms, Disclosure Requirements, Foreign Entities, Governor Kemp, Joint and Several Liability

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Anne Redcross Beehler

Avoiding Pitfalls Around New Calif. Commercial Lease Law

Litigation attorney Anne Beehler and real estate attorney Andrew Starrels co-authored a Law360 article examining the Commercial Tenant Protection Act (S.B. 1103) in California that grants new rights to qualified commercial… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Renewal, Contract Terms

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Alexis Reeves Alonzo

Holland & Knight's China Practice Newsletter: March-April 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics… more

China, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Joint Venture

See all updates »

Blaine Remmick

Private Equity's Time on the Bench Is Over: NFL Owners Allow Private Equity Fund Investments

Private equity funds have been patiently waiting on the sidelines for their chance to invest in the NFL, and they have finally been called off the bench to show what they can do. Every NFL team owner except for one has voted to… more

Franchises, Investment Opportunities, Investors, NFL, Private Equity

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María Paulina Rendón

Proyecto de Decreto para la implementación del Acuerdo de Escazú en Colombia

El Ministerio de Ambiente y Desarrollo Sostenible de Colombia publicó para comentarios un Proyecto de Decreto "Por el cual se crea la Comisión Intersectorial para la implementación del Acuerdo Regional sobre el Acceso a la… more

Access To Justice, Advisory Commissions, Colombia, Disclosure Requirements, Environmental Policies

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Jose Rengifo

Proceso constituyente en Colombia Parte II

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés continúa su conversación con José Rengifo, abogado de derecho constitucional, retomando el tema del proceso constitucional en Colombia. Discuten la… more

Administrative Procedure, Colombia, Constitutional Challenges, Constitutional Courts, Legislative Agendas

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Laura Renstrom

Florida Supreme Court Adopts Amendments to the Florida Rules of Civil Procedure

The Florida Supreme Court (Court), on its own motion, adopted amendments to the Florida Rules of Civil Procedure (Rules) earlier this year. Interested persons were given time to file comments and, upon consideration of those… more

Amended Rules, Case Management, Discovery, FL Supreme Court, Motion for Summary Judgment

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Emily Butcher Repetto

Regulation of AI in Healthcare Utilization Management and Prior Authorization Increases

Over the past two years, federal and state government agencies have moved to regulate the deployment of artificial intelligence (AI) in the healthcare setting, including in the utilization management (UM) and prior authorization… more

Artificial Intelligence, Biden Administration, Congressional Intent, Department of Health and Human Services (HHS), Executive Orders

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Parker Reynolds

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,… more

Cosmetics, Distributors, Enforcement Actions, Hazardous Substances, Importers

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Thomas Reynolds

Tax Reform Bill Awaits President Trump's Signature After Passage by Congress

Congress has passed the conference report accompanying H.R. 1, the Tax Cuts and Jobs Act. First, the House agreed to the conference report by a vote of 227-203 on Dec. 19, 2017, and the Senate passed the report by a vote of… more

Business Taxes, Corporate Taxes, Income Taxes, Legislative Agendas, Pending Legislation

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Magda Karina Reza

Agreement Facilitates Investments in Mexico Through the RUPI and Single Window for Investors

The National Development Plan 2019-2024 was designed to promote private investment with a framework of legal certainty and transparency. Through the Decree of July 26, 2023, the Single Window for Investors and the Single… more

Administrative Procedure, Compliance, Foreign Investment, Investment Opportunities, Investors

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Christopher Riano

New York State Restaurant Reservation Anti-Piracy Act Cracks Down on a "Leech Industry"

In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt, speak with New York State Assemblymember… more

Business Litigation, Hospitality Industry, New Legislation, New York, Regulatory Reform

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Kristen Ricci

Holland & Knight's China Practice Newsletter: January-February 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics… more

CFIUS, China, Enforcement, Enforcement Actions, NYDFS

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Jameson Rice

One Month In: No Supply Chain Can Keep Pace

In the leadup to President Donald Trump taking office, I wrote an article asking, "How Nimble Is Your Supply Chain?" He has now been president for four weeks. Let's recap the actions that have most directly affected supply… more

China, Export Controls, Imports, International Trade, National Security

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Trisha Rich

Law Firm MSOs and Legal Ethics Regulations: Lessons from Texas Opinion 706

The Professional Ethics Committee for the State Bar of Texas (Committee) in February 2025 issued Opinion No. 706, the first ethics opinion that squarely addressed the use of law firm management service organizations (MSOs). The… more

Business Strategies, Conflicts of Interest, Ethics, Fee-Splitting, Law Firm Ownership

See all updates »

John Riley

TCEQ Guidance on Enforcement Discretion Requests for Operational Noncompliance Tied to COVID-19

The Texas Commission on Environmental Quality (TCEQ), through its Office of Compliance and Enforcement (OCE), issued a statement on March 18, 2020, detailing its procedures for enforcement discretion requests for potential… more

Coronavirus/COVID-19, Department of Environmental Quality, Enforcement, Environmental Violations, Relief Measures

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William Ringhofer

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party sellers –… more

Amazon, Amazon Marketplace, Consumer Product Companies, Consumer Product Safety Commission (CPSC), Distributors

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Lara Rios

Status and Outlook for the U.S. Department of Energy's Loan Programs Office

The Trump Administration is leveraging the U.S. Department of Energy's Loan Programs Office (LPO) as a strategic tool to catalyze private sector investment in energy infrastructure. This approach aims to enhance U.S… more

Coal, Coal Industry, Critical Infrastructure Sectors, Department of Energy (DOE), Energy Policy

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Juan Camilo Riveira

Ley Mbappé

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Juan Camilo Riveira, abogada tributario, sobre la nuevamente propuesta Ley de Mbappé, que propone incentivos fiscales en España para atraer a… more

Entrepreneurs, International Tax Issues, Student Athletes, Tax Incentives, Tax Planning

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Christopher Rizek

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Robert Rizzi

The Executive Appointment Process

Private Wealth Services attorney Patrick Duffey, Political Law attorney Charles Borden and Tax attorney Robert "Bob" Rizzi share insights on the executive appointment process as the 2024 election approaches. The new… more

Election Results, Executive Appointments, Legislative Agendas, Political Appointments, Presidential Elections

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Arianna Robbins

NLRB Increases Penalties for Repeat Labor Law Violators

The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the remedies… more

Bad Faith, Contract Negotiations, NLRA, NLRB, Remedies

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Joel Roberson

Drone Beyond Line of Sight Proposed Rule: Top 10 Things You Need to Know

U.S. Department of Transportation (DOT) Secretary Sean Duffy on Aug. 5, 2025, unveiled a proposed rule, "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" (BVLOS), to further the integration of… more

Beyond Visual Line Of Sight (BVLOS), Comment Period, Department of Transportation (DOT), Drones, Federal Aviation Administration (FAA)

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Josh Roberts

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all… more

Appeals, Auto-Dialed Calls, Corporate Counsel, Enforcement, Oral Contracts

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Lauren Robertson

Delaware Supreme Court: Permissive Business Judgment Rule Applies to Corporate Conversions

everal 2024 decisions by the Delaware Court of Chancery led some prominent corporate leaders to express frustration over perceived increased liability standards for corporate officers and directors, even publicly advising new… more

Board of Directors, Business Judgment Rule, Corporate Conversions, Corporate Governance, Corporate Officers

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Ariel Robinson

Holland & Knight's China Practice Newsletter: March-April 2023

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics… more

China, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Joint Venture

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David Robinson

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should… more

Breach of Contract, Business Torts, Commercial Contracts, Contract Drafting, Contract Negotiations

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Tiffany Roddenberry

Florida Enacts Major Tort Reform and Bad-Faith Insurance Claim Legislation

Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day… more

Bad Faith, Damages, Governor DeSantis, Insurance Claims, Insurance Industry

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Elvira Rodriguez

President Trump Issues New Travel Ban: 19 Countries Face Restrictions Starting June 9, 2025

President Donald Trump signed a proclamation on June 4, 2025, placing restrictions on certain foreign nationals from entering the U.S., effective June 9, 2025. President Trump cited the need to protect the U.S. from foreign… more

Foreign Nationals, Immigration Enforcement, National Security, Non-Immigrant Visas, Presidential Proclamations

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Chelsea Rogas

COVID-19 Civil Immunity Under Proposed Federal SAFE TO WORK Act and State Laws

As the first wave of COVID-19 exposure lawsuits begins to spread across the country, already-struggling businesses are looking to state and federal governments for immunity from liability. However, state laws regarding COVID-19… more

Coronavirus/COVID-19, Immunity, Liability, Proposed Legislation, Risk Management

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Edward Rojas

IRS Releases Final Regulations on Reissuance and Retirement of Tax-Exempt Tender Option Bonds

The IRS released on Dec. 30, 2024, final regulations on Sections 1.150-3 and 1.1001-3(a)(2) (the Regulations) regarding the reissuance and retirement (debt extinguishment) of tax-exempt tender option bonds… more

Bonds, Capital Markets, Final Report, Final Rules, Internal Revenue Code (IRC)

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Danilo Romero Raad

Cuando la marca viaja en turista y sin registro

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés conversa con Danilo Romero, socio del área de propiedad intelectual y derecho de la competencia, sobre la importancia de proteger las marcas a nivel internacional. A… more

Business Development, Cross-Border Transactions, Intellectual Property Protection, International Trade, Law Firm Partners

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Richard Roper

DOJ Makes Significant Revisions to Corporate Enforcement Policy

The U.S. Department of Justice (DOJ), through Assistant Attorney General Kenneth A. Polite Jr., announced on Jan. 17, 2023, "the first significant changes" to its Corporate Enforcement Policy (CEP) since 2017. The revisions are… more

Compliance, Cooperation, Corporate Misconduct, Corruption, Criminal Investigations

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Arthur Rosenberg

Chapter 15 Ruling by New York Bankruptcy Court Recognizes Debtor's "Synthetic" Restructuring

Judge Michael Wiles of the U.S. Bankruptcy Court for the Southern District of New York issued a decision earlier this year that had the effect of recognizing under Chapter 15 of the U.S. Bankruptcy Code an English Scheme of… more

Bankruptcy Code, Chapter 15, Creditors, Cross-Border Transactions, Debt Restructuring

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Ira Rosner

Treasury Department Announcement on Enforcement and Scope of Corporate Transparency Act

In a press release on March 2, 2025, the U.S. Department of the Treasury announced that it will not enforce any penalties or fines associated with the beneficial ownership information (BOI) reporting rule under the existing… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, FinCEN, Foreign Entities

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Molly Ross

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Holly Roth

GSA Expands Transactional Data Reporting Requirements for MAS Contract Holders

Multiple Award Schedule (MAS) contractors not presently participating in transactional data reporting (TDR) will now have to do so and come into compliance with the TDR rule soon after their MAS contract's Special Item Numbers… more

Contract Terms, Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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Phil Rothschild

Florida Legislature Clarifies FCCPA to Allow Overnight Email Contact with Debtors

The Florida Legislature unanimously approved Senate Bill (SB) 232 on April 29, 2025, to update and clarify the Florida Consumer Collections Practices Act (FCCPA) by removing email communications from the list of prohibited… more

Class Action, Consumer Lenders, Consumer Protection Laws, Debt Collection, Email

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Tatyana Rozenberg Bloom

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the Texas… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Governor Abbott, Lenders

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Marci Rubensohn

Georgia Governor Updates Legislation Impacting Banking and Financial Services Industries

Georgia Gov. Brian Kemp recently signed legislation that will impact the banking and financial services industries in the state. It becomes effective July 1, 2025. The Georgia General Assembly adjourned the 2025 legislative… more

Banking Sector, Banks, Consumer Protection Laws, Credit Unions, Fees

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Abbey Mansfield Ruby

CMS Moves Skilled Nursing Facility Revalidation Deadline to Aug. 1

The Centers for Medicare & Medicaid Services (CMS) again has delayed the deadline for its mandatory provider revalidation program for skilled nursing facilities (SNFs), this time to Aug. 1, 2025. The change was made because only… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Final Rules, Healthcare Facilities, Medicare

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Rodolfo Rueda

México impulsa la economía circular con reformas legales y polos de desarrollo

En un movimiento estratégico para impulsar un modelo económico más sostenible, el gobierno de la administración de Claudia Sheinbaum ha puesto en marcha un ambicioso plan para impulsar la economía circular en las nuevas áreas de… more

Circular Economy, Economic Development, Economic Growth, Environmental Policies, Federal Land

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Gabriel Ruiz

Mexico's Energy Secretary Resumes Deadlines and Timeframes for CNH Matters

The Ministry of Energy (Secretaría de Energía or SENER) published on April 29, 2025, in the Federal Official Gazette, the "Agreement resuming the deadlines and terms for the reception and proceeding on matters within the… more

Deadlines, Electronic Filing, Energy Policy, Energy Sector, Filing Deadlines

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Veronica Ruiz

Know Now or Pay Later: Navigating New York's Buy-Now-Pay-Later Act

Once hailed as the sleek, interest-free alternative to credit cards, buy-now-pay-later (BNPL) loans have become a defining feature of modern consumer finance. Consumers like them because with just a few clicks, they can… more

Biden Administration, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

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Tim Ryan

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's 2016… more

Bankruptcy Court, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Maria Juliana Saa

Holland & Knight’s Women's Initiative

¡Conozca más sobre la Iniciativa de Mujeres de Holland & Knight! En este episodio, nuestro socio Edwin Cortés Mejía conversa con María Juliana Saa, líder del comité Women’s Initiative y socia en el área de Banca y Finanzas de la… more

Career Development, Firm Leadership, Professional Development, Women in the Law

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Travis Sabalewski

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)… more

Chevron Deference, Debt Collection, Debt Collectors, Electronic Communications, Email

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Chiara Kalogjera-Sackellares

Generative AI and the Duty of Competence Conundrum

With its promise to generate written work product in a fraction of the time it takes for a seasoned attorney to do so, generative artificial intelligence (GAI) is becoming a regular part of legal work at large law firms. Its… more

American Bar Association (ABA), Artificial Intelligence, Duty of Competence, Ethics, Information Reports

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Stuart Saft

New York Enacts Affordable Housing Retention Act

New York Gov. Kathy Hochul recently signed into law the Affordable Housing Retention Act (AHRA), which for the next four years enables condo conversions of specific buildings in New York City with a presale requirement for… more

Affordable Housing, Apartments, Condominiums, Conversion Requirements, Housing Market

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Jorge Sagarra

Maximize Your Legacy: Take Advantage of the High Estate and Gift Tax Exemption Sunset

As part of the Tax Cuts and Jobs Act (TCJA), the estate and gift tax exemption was doubled for tax years 2018-2025. In 2018, the exemption doubled from $5.49 million in 2017 to $11.18 million in 2018, and that amount has been… more

Estate Planning, Gift Tax, Gift-Tax Exemption, High Net-Worth, Income Taxes

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Caitlin Saladrigas

Google Search: Data Sharing as a Risk or Remedy?

Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the… more

Abuse of Dominance, Antitrust Litigation, Antitrust Violations, Commercial Contracts, Competition

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Mariana Salinas

México impulsa la economía circular con reformas legales y polos de desarrollo

En un movimiento estratégico para impulsar un modelo económico más sostenible, el gobierno de la administración de Claudia Sheinbaum ha puesto en marcha un ambicioso plan para impulsar la economía circular en las nuevas áreas de… more

Circular Economy, Economic Development, Economic Growth, Environmental Policies, Federal Land

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Francesco Salpietro

Independent Sponsors: Section 1202 Qualified Small Business Stock

The tax benefits conveyed by Section 1202 of the Internal Revenue Code to owners of qualified small business stock (QSBS) have been available to small business owners in some form since Section 1202 was first enacted in 1993… more

Acquisitions, C-Corporation, Corporate Taxes, Internal Revenue Code (IRC), Investment Funds

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Keith Sambur

Holland & Knight's Energy and Natural Resources Quarterly Newsletter: Spring 2021

Holland & Knight invites you to read the Spring 2021 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and… more

Agricultural Sector, Biden Administration, Clean Energy, Clean Tech, Colombia

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Alessandria San Roman

2025 Updates to Florida's Live Local Act

Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical… more

Affordable Housing, Florida, Housing Developers, New Legislation, Property Owners

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Francisco Sanchez

Importers Beware: Signals Point to Significant Enforcement Risks for Tariff Evasion

As importers await outcomes from the Trump Administration's trade negotiations, a series of newly imposed tariffs continues to impact a broad spectrum of imported products and related supply chains. Businesses are currently… more

Customs, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Jonathan Alexander Sanchez

Falta de conocimiento tecnológico y acceso al expediente es violación al debido proceso en Colombia

El pasado 11 de septiembre de 2020, la Corte Suprema de Justicia (CJS) Sala de Casación Civil de Colombia, con Ponencia del magistrado Octavio Augusto Tejeiro, procedió amparar el derecho fundamental al debido proceso de un… more

Colombia, Due Process, Remote Hearings, Rules of Civil Procedure, Technology

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Lee Sands

Trump Administration Seeks to Stop Federal Enforcement of Disparate Impact Liability

President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of liability… more

Civil Rights Act, Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Priorities

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Curtis Sano

Highlighting API Contributions to the U.S. Military

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

Diversity and Inclusion Standards (D&I), Employee Engagement, Heritage & Culture, Military Service Members

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David Santeusanio

A Look at Changes to Department of Labor Office of Federal Contract Compliance Programs

Recently issued Executive Order (EO) 14173 revoked EO 11246, which prohibited employment discrimination and required that federal contractors develop written affirmative action programs for women and minorities. The U.S… more

Affirmative Action, Department of Labor (DOL), Employment Discrimination, Executive Orders, Federal Contractors

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John Saran

Podcast - Navigating the New Landscape of Private Equity in Healthcare

In this episode of "Counsel That Cares," Arjan Peters from Capstone moderates a conversation with his colleague Grace Totman, Holland & Knight healthcare attorney John Saran and Association for Responsible Healthcare Investment… more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Healthcare, Healthcare Facilities

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Edward Sarnowski

SEC Files Initial Brief in Conflict Minerals Rule Case

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business… more

Conflict Mineral Rules, Consumer Protection Act, De Minimis Claims, Dodd-Frank, First Amendment

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Eric Scalzo

Podcast - Rewriting the Narrative of Private Equity in Healthcare

In this episode of "Counsel That Cares," Healthcare Transactions attorneys David Marks and Eric Scalzo, along with Chartis Strategic Innovation Partners Sri Mani and Eric Mayeda, discuss the increasing scrutiny of investor-owned… more

Federal Trade Commission (FTC), Health Care Providers, New Regulations, Popular, Private Equity

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Tonya Scharf

OIG to Audit CMS Oversight of Nursing Home Surveys by Third-Party Contractors

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), a top federal watchdog tasked with overseeing Medicare, Medicaid and other HHS programs, recently announced that it will audit the Centers… more

Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Nursing Homes

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Elizabeth Schartz

Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions… more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Michael Scheinberg

Treasury Department Announcement on Enforcement and Scope of Corporate Transparency Act

In a press release on March 2, 2025, the U.S. Department of the Treasury announced that it will not enforce any penalties or fines associated with the beneficial ownership information (BOI) reporting rule under the existing… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, FinCEN, Foreign Entities

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Gary Schill

Washington State Budget Triggers Higher Business, Capital Gains and Estate Taxes in 2025

Thanks to three primary revenue bills that were signed into law earlier this year, taxes are going up in the state of Washington, in particular for large service businesses, estates and individuals earning capital gains… more

Business Taxes, Capital Gains, Estate Tax, New Legislation, Retail Sales

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David Schneider

Creating Development Opportunities in Fairfax County, Virginia

Fairfax County, Virginia, has officially launched its next round of the Site-Specific Plan Amendment (SSPA) cycle by releasing the 2025 Nominator Guide. The SSPA process – which will begin on Jan. 13, 2025 – offers a unique… more

Community Development, General Plan, Real Estate Development, Site Plans, Urban Planning & Development

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Jacob Schneider

Rescission of the Fintiv Guidance Memorandum, and What Comes Next

The U.S. Patent and Trade Office (PTO) on February 28, 2025, rescinded former PTO Director Kathi Vidal's June 21, 2022, memorandum (Memorandum) addressing discretionary denial of inter partes review (IPR) of patents that are… more

America Invents Act, Apple, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Gary Schoenbrun

CARES Act: Key Tax Provisions Affecting Private Equity Funds and Portfolio Companies

President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) into law on March 27, 2020. In addition to other stimulus provisions benefitting individuals and businesses in response to the… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Portfolio Companies, Private Equity

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Madeline Schonberger

Taxpayer Loses Charitable Deduction Due to Lack of Documentation

Each year, individuals and families contribute thousands of pounds of tangible personal property – such as gently used clothing, old toys, furniture and household appliances – to local charities. In turn, charities provide all… more

Audits, Charitable Deductions, Charitable Donations, Documentation, One Big Beautiful Bill Act

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Phillip Schreiber

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has… more

Biden Administration, Employee Benefits, Enforcement Actions, NLRA, NLRB

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David Schulte

Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence in Effecting Service of Process Soon After the Limitations Period Has Expired

• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a… more

Appeals, Due Diligence, Memorandum Opinions, Service of Process, Statute of Limitations

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Abigail Schultz

Collaboration Station: Director Grewal Touts Benefits and Efficiency of Cooperation

In recent remarks at the Securities Enforcement Forum West 2024, U.S. Securities and Exchange Commission (SEC) Director of the Division of Enforcement Gurbir Grewal extolled the benefits of and expounded on the elements of… more

Collaboration, Compliance, Cooperation, Remediation, Securities and Exchange Commission (SEC)

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Alan Schwartz

Inflation Reduction Act: Answers to Key Questions on Direct Pay and Transferability

The U.S. Department of the Treasury (Treasury Department) and Internal Revenue Service (IRS) released much-anticipated guidance in the form of two notices of proposed rulemaking (NOPRs) regarding the direct payment of tax… more

Energy Sector, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Christina Schwing

Electric Cooperative Receives Favorable Interpretation of Excess Revenue Statute and Class Action Dismissal

A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging the distribution of patronage… more

Class Action, Distribution Rules, Electric Cooperative, FDUTPA, Motion to Dismiss

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Shane Segarra

Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC Transactions… more

Biden Administration, China, Climate Change, Corporate Governance, Disclosure Requirements

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Orlando Segura Jr.

Maintaining a Safe Workplace: Screening Employees as They Return to Work During a Pandemic

As states and local governments phase out their stay-at-home orders enacted in response to COVID-19, businesses will be faced with new challenges regarding the safety of workers, including whether it is permissible to ask… more

Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Re-Opening Guidelines, Workplace Safety

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Martin Seidel

The Nice List: Rounding Up Some Notable SCOTUS and Delaware Decisions in 2024

2024 brought several important decisions of the U.S. Supreme Court (SCOTUS) and the courts of the state of Delaware concerning how corporations, their boards of directors and officers interact with investors, regulators and… more

Administrative Law Judge (ALJ), Board of Directors, Business Judgment Rule, Bylaws, DE Supreme Court

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Alex Selarnick

The Implications and Scope of the NAIC Model Bulletin on the Use of AI by Insurers

The National Association of Insurance Commissioners' (NAIC) model bulletin governing the use of artificial intelligence (AI) by insurers provides guidance on the legal and ethical use of AI within the insurance industry,… more

Algorithms, Artificial Intelligence, Enforcement Authority, Ethics, Insurance Industry

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Lawrence Sellers

2025 Updates to Florida's Live Local Act

Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical… more

Affordable Housing, Florida, Housing Developers, New Legislation, Property Owners

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Bradley Seltzer

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Daniel Sennott

Holland & Knight Defense Situation Report: July 2025

Welcome to Holland & Knight's monthly defense news update. We are pleased to bring you the latest in defense policy, regulatory updates and other significant developments… more

Appropriations Bill, Artificial Intelligence, Budget Reconciliation, Coast Guard, Confirmation Proceedings

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Marissa Serafino

America's AI Action Plan: What's In, What's Out, What's Next

The White House released "Winning the Race: America's AI Action Plan" (Plan) on July 23, 2025, in accordance with President Donald Trump's Jan. 23, 2025, executive order on "Removing Barriers to American Leadership in Artificial… more

Artificial Intelligence, Cybersecurity, Data Centers, Executive Orders, Export Controls

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Rebecca Sereboff

Fiscal Year 2025 Department of Energy Funding: House vs. Senate Markups

The Subcommittees on Energy and Water Development (EWD) for both chambers of Congress have released proposed bills for funding the U.S. Department of Energy (DOE) in fiscal year (FY) 2025. As seen consistently from the 118th… more

Appropriations Bill, Biden Administration, Congressional Committees, Energy Policy, Federal Budget

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Diana Paola Serrano

Plazo para la presentación del PTEE para las ESAL en Bogotá, Colombia para el año 2024

De acuerdo con los lineamientos publicados por la Secretaría Jurídica Distrital de la Alcaldía Mayor de Bogotá DC, a través de la Circular 013 del 14 de abril de 2023,1 la presentación del Programa de Transparencia y Ética… more

Colombia, Compliance, Ethics, Filing Requirements, Nonprofits

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Jeffrey Seul

SBA Paycheck Protection Program Loans: Forgiveness Guidance, Part II

Employers rushed to apply for the first $349 billion in Paycheck Protection Program (PPP) loans made available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which Congress has increased to $670… more

CARES Act, Certification Requirements, Coronavirus/COVID-19, Federal Loans, Full-Time Employees

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Amish Shah

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Richard Sharman

Briefing Sheet on EU Sanctions and Aviation Insurance Prohibition

Regulation 2022/328 was adopted by the European Union (EU) on Feb. 25, 2022, in relation to the Russia-Ukraine crisis. The Regulation took effect on Feb. 26, 2022… more

Aircraft, Aviation Industry, EU, Export Controls, Financial Services Industry

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William Sharp

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Roza Sheffield

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case provides… more

Army, Bid Protests, COFC, Contract Disputes, Court of Federal Claims

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Qian Shen

A Brief History of Discrimination Against Asian and Pacific Islander Americans

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

Diversity, Heritage & Culture, Leadership

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William Shepherd

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was… more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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William Sherman

CTA: Government's Emergency Application to Supreme Court to Impose Stay – What's Next?

As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again" saga… more

Appeals, Appellate Courts, Constitutional Challenges, Corporate Transparency Act, Department of Justice (DOJ)

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Charles Shewmake

Rail Strike Could Cause Supply Chain, Commuter Issues

Railroads are covered by the federal Railway Labor Act (RLA), a piece of legislation that historically was the result of compromise between rail labor and rail management. One of the ostensible compromises in the RLA is that… more

Biden Administration, Collective Bargaining, Commuting, Mediation, NLRA

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Christine Shiker

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy… more

Abandoned Property, Neighborhood Revitalization, Property Tax, Public Hearing, Tax Rates

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Jina Shin

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Ashley Shively

California Attorney General Enters $1.55 Million CCPA Settlement with Healthline Media

California Attorney General Rob Bonta has settled claims against Healthline Media (Healthline) for violations of the California Privacy Protection Act (CCPA) related to the company's sharing of personal information and alleged… more

Advertising, California Privacy Protection Agency (CPPA), Civil Monetary Penalty, Data Privacy, Data-Sharing

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Jennifer Sickler

Now Available for Publishers: Group Copyright Registration of Online News Content

For years, publishers have been without a cost-effective way to register the full content of news media websites. The U.S. Copyright Office recently addressed this need by creating a new "group" registration for online news… more

Copyright, Copyright Registration, Journalism, Media, News Stories

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Stosh Silivos

U.S. Supreme Court Rejects Challenge to Registration Statute Requiring Consent to Jurisdiction

In Mallory v. Norfolk Southern Railway Co., Robert Mallory (a Virginia resident) sued his former employer, Norfolk Southern (a Virginia-based railroad), over his alleged exposure to toxic chemicals while working for Norfolk… more

Commerce Clause, Consent, DaimlerChrysler v Bauman, Domestic Corporations, Due Process

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Dan Silverboard

Ninth Circuit Clarifies Permissible Marketing Activity Under EKRA

As Holland & Knight previously reported, since its enactment in 2018, the Eliminating Kickbacks Recovery Act (EKRA) has been a source of anxiety and confusion for the clinical laboratory and behavioral health industries in part… more

Appellate Courts, Clinical Laboratory Testing, Criminal Prosecution, Department of Justice (DOJ), Eliminating Kickbacks in Recovery Act of 2018 (EKRA)

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Andrew Silvia

Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

The Massachusetts Supreme Judicial Court (SJC) has ruled that a forfeiture clause triggered by a breach of a non-solicitation agreement is not a "forfeiture for competition agreement" under the Massachusetts Noncompetition… more

Appeals, Breach of Contract, Contract Disputes, Contract Terms, Employee Benefits

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Tara Singh Param

U.S. Supreme Court Holds No Higher Standard for "Majority Group" Discrimination Claims

The U.S. Supreme Court issued a unanimous decision on June 5, 2025, resolving a U.S. Court of Appeals for the Sixth Circuit split in the matter of Ames v. Ohio Dep't. of Youth Servs., 605 U.S. ____ (2025). The Supreme Court… more

Anti-Discrimination Policies, Appeals, Civil Rights Act, Employment Discrimination, Employment Litigation

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Jose Sirven

Venezuela Update: August 20, 2025

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors… more

Chevron, Colombia, Economic Development, Economic Sanctions, Exports

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Justin Michael Sizemore

Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of… more

Auto-Dialed Calls, Class Action, Do Not Call List, Facebook Inc v Duguid, Putative Class Actions

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Brooke Sizer

A Closer Look at Nettye Engler Energy, LP, v. BlueStone Natural Resources II, LLC

The Supreme Court of Texas has once again tackled the heavily contested issue of postproduction costs in royalty calculations. In Nettye Engler Energy, LP, v. BlueStone Natural Resources II, LLC, No. 20-0639, the Court was… more

Contract Disputes, Contract Interpretation, Contract Terms, Exploration and Production Assets, Mineral Leases

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Samantha Skabelund

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Briahnna Skinner

Developments in the Texas Top Cop Shop Case Impact Corporate Transparency Act

The U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued a nationwide preliminary injunction suspending the government's enforcement of the Corporate Transparency Act (CTA) and its Implementing… more

Appeals, Beneficial Owner, Business Entities, Commerce Clause, Constitutional Challenges

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Allison Skopec

Navigating the Waters: Another ILA Strike on the Horizon?

The International Longshoremen's Association (ILA) strike in October 2024 sent ripples through the global shipping industry, affecting operations, logistics and supply chains worldwide. As we look toward 2025, understanding the… more

Collective Bargaining, Labor Disputes, Logistics, Longshoremen, Ports

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Tanner Slaughter

GSA Expands Transactional Data Reporting Requirements for MAS Contract Holders

Multiple Award Schedule (MAS) contractors not presently participating in transactional data reporting (TDR) will now have to do so and come into compliance with the TDR rule soon after their MAS contract's Special Item Numbers… more

Contract Terms, Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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Aaron Slavens

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing… more

Acquisitions, Breach of Contract, Commercial Insurance Policies, Contract Terms, Escrow Accounts

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David Scott Sloan

Potential Transfer Tax Reform and 2016 Year-End Tax Planning Considerations

With the upcoming Republican control of the executive and legislative branches, tax changes are certain to occur. As articulated thus far, President-Elect Donald Trump has proposed the elimination of the federal estate tax in… more

Capital Gains, Estate Planning, Estate Tax, Tax Rates, Tax Reform

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Ben Slocum

FAA to Review Scope of Authorized On-Demand Air Services

The Federal Aviation Administration (FAA) has issued an advance copy of its Notice of Intent (Notice) to initiate a rulemaking to reconsider the way in which the FAA regulates certain air carriers that perform public charter… more

Air Carriers, Airlines, Charter, Comment Period, Federal Aviation Administration (FAA)

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Daniel Small

Podcast - The Godfather of Houston

In the 100th episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces his listeners to Sam Cammarata, a career criminal who tried to follow his dreams and become the "Godfather of… more

Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), DOJ Strike Force

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Brian Smith

Court Orders Avianca to Comply with Post-Petition Lease Obligations Payable to Non-Lessors

Bankruptcy Code Section 365(d)(5) provides personal property lessors with important rights concerning lease payments that come due after a lessee commences a U.S. bankruptcy proceeding. Generally, that section requires that the… more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Executory Contracts

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Colby Smith

Pennsylvania DEP Accepting Applications for $320M RISE PA Program

With a total funding of $396 million, the Reducing Industrial Sector Emissions in Pennsylvania (RISE PA) Program's goal is to significantly reduce greenhouse gas (GHG) emissions and co-pollutants from Pennsylvania's industrial… more

Carbon Capture and Sequestration, Department of Environmental Protection, Energy Efficiency, Energy Projects, Energy Sector

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Colin Smith

Proposed California Bar Opinion Seeks to Clarify Advertising Rules for Lawyer Blogs - California Joins Growing Number of States in Attempting to Tackle Emerging Lawyer Advertising Issue

There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging… more

Advertising, Bar Associations, Blogs, Ethics, Rules of Professional Conduct

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Richard Smith

Will New Jersey Reregulate Utility Rates?

With New Jersey's gubernatorial election campaign season underway, increasingly high energy costs have become a contentious, high-profile issue. Some blame the state's focus on alternative energy over traditional fossil… more

Deregulation, Electricity, Energy Market, Energy Policy, Natural Gas

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David Sofge

Offering Exemptions Available to Companies Issuing ICOs

• Issuing an initial coin offering (ICO) is a new and innovative way for companies to infuse capital into their enterprise. However, several regulatory agencies have increased their scrutiny of ICOs, including the U.S… more

Capital Raising, Corporate Counsel, Cryptocurrency, Exemptions, Initial Coin Offering (ICOs)

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Howard Sokol

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)… more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Miriam Soler Ramos

Local Governments in Florida Can No Longer Require Electric Vehicle Charging Stations

Florida Senate Bill 1084 (the Bill), which was passed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on May 1, took effect on July 1, 2024. The Bill addresses myriad issues, including the regulation of… more

Charging Stations, Electric Vehicles, Governor DeSantis, Infrastructure, Motor Vehicles

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Andrew Solinger

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them… more

Covered Entities, Cyber Attacks, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance

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Joseph Sopcisak

New Executive Order Supports Deep Sea Critical Minerals Development

President Donald Trump on April 24, 2025, issued an executive order, "Unleashing America's Offshore Critical Minerals and Resources" (the EO), that aims to promote the development of offshore critical minerals in the oceans… more

Defense Production Act, Department of the Interior, Energy Policy, Executive Orders, International Trade

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Carson Southard

Federal Judge Cites Ambiguous Coding Guidance, Vacates Doctor's Healthcare Fraud Conviction

A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal jury… more

Burden of Proof, Convictions, Coronavirus/COVID-19, Criminal Convictions, Department of Justice (DOJ)

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Katherine Speece

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Michelle Sperling

Programa de Transparencia y Ética Empresarial para las ESAL en Bogotá, Colombia

A partir de la expedición de la Ley 2196 de 2022, las entidades sin ánimo de lucro (ESAL) en Colombia por parte de las entidades obligadas a contar con un Programa de Transparencia y Ética Empresarial (PTEE o el Programa) para… more

Anti-Bribery, Anti-Corruption, Compliance, Internal Controls, Nonprofits

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Kathleen St. John

Landlords Beware: Bankruptcy Court Litigation Could Come at a Cost

Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the "property of… more

American Rule, Attorney's Fees, Bankruptcy Code, Cal Code of Civil Procedure, Chapter 11

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Christopher Stagg

A Look at Anticipated ITAR Rulemaking Developments for 2025

The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) has unveiled an ambitious regulatory agenda for 2025, with 14 planned actions that will significantly revise the International Traffic in Arms… more

Compliance, Defense Sector, Department of Defense (DOD), Directorate of Defense Trade Controls (DDTC), Export Controls

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Sara Schretenthaler Staha

Change Is Coming: Texas Healthcare Provider Non-Competes Subject to New Strict Limits

Texas Gov. Greg Abbott on June 20, 2025, signed into law Senate Bill (SB) 1318, which creates greater restrictions on physician non-compete agreements in Texas and, for the first time, extends such restrictions to non-compete… more

Contract Terms, Dentists, Employee Rights, Governor Abbott, Health Care Providers

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John Stansbury

Regulatory Update: Final Regulations on Portability of the DSUE

Portability of the deceased spousal unused exclusion (DSUE) amount between spouses was first introduced by Congress in December 2010, applicable to estates of married decedents dying on or after Jan. 1, 2011. Although originally… more

American Taxpayer Relief Act, Deceased Spousal Unused Exclusion, Estate Tax, Exclusions, IRS

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Monte Starr

Florida's Sea Level Impact Project Study Requirement Takes Effect July 1

The Florida Legislature in 2020 enacted Florida Statute 161.551, which requires "state-financed constructors" – defined as public entities that commission or manage a construction project within the coastal building zone using… more

Coastal Real Estate, Construction Project, Department of Environmental Protection, Environmental Impact Report (EIR), Public Projects

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Andrew Starrels

Avoiding Pitfalls Around New Calif. Commercial Lease Law

Litigation attorney Anne Beehler and real estate attorney Andrew Starrels co-authored a Law360 article examining the Commercial Tenant Protection Act (S.B. 1103) in California that grants new rights to qualified commercial… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Renewal, Contract Terms

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Meital Stavinsky

Holland & Knight's Israel Practice Newsletter: Winter 2020

Holland & Knight invites you to read our Winter 2020 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than… more

Abraham Accords Peace Agreement, Biden Administration, Cannabidiol (CBD) oil, Clean Tech, Coronavirus/COVID-19

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Frank Stearns

Boston Passes Ambitious Ordinance Targeting Zero Emissions for Large Buildings by 2050

Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended… more

Building Codes, Carbon Emissions, Climate Change, Green Buildings, Greenhouse Gas Emissions

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Ilenna Stein

Massachusetts to Begin Licensing Nonresident Pharmacies and In-State Compounding Pharmacies

The Massachusetts Board of Pharmacy (Board) announced in September 2024 that it would soon require licensure for all nonresident pharmacies to dispense prescriptions, including sterile and nonsterile compounded products, to… more

Drug Compounding, Licensing Boards, Licensing Rules, Pharmaceutical Industry, Pharmacies

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James Steinbauer

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Ben Steinberg

New York State Department of Health Issues Long-Awaited Guidance on Material Transactions Law

The New York State Department of Health (DOH) has published a set of Frequently Asked Questions (FAQs) to provide guidance on the "Disclosure of Material Transactions" law that took effect on Aug. 1, 2023. Pursuant to Article… more

Acquisitions, Clinical Laboratories, Corporate Practice of Dentistry, Corporate Practice of Medicine, Disclosure Requirements

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Richard Stephens

Interest Rate Increase Coming for Many Tax-Exempt Borrowers

Many states, local governments and conduit borrowers (e.g., 501(c)(3) not-for-profit corporations) have directly placed tax-exempt loans (secured by the issuance of notes or bonds) with lenders, such as banks and their non-bank… more

Banks, Borrowers, Corporate Taxes, Interest Rates, Lenders

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Tom Stephenson

Ninth Circuit Clarifies Permissible Marketing Activity Under EKRA

As Holland & Knight previously reported, since its enactment in 2018, the Eliminating Kickbacks Recovery Act (EKRA) has been a source of anxiety and confusion for the clinical laboratory and behavioral health industries in part… more

Appellate Courts, Clinical Laboratory Testing, Criminal Prosecution, Department of Justice (DOJ), Eliminating Kickbacks in Recovery Act of 2018 (EKRA)

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William Sterling

California's 2025 Housing Laws: What You Need to Know

As in previous years, California saw a significant volume of new housing legislation emerge from Sacramento in 2024. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) This… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Permits, CEQA, Coastal Real Estate

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Jeremy Sternberg

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes. Establishing… more

Controlled Substances Act, Criminal Prosecution, Expert Witness, Federal Rules of Evidence, Healthcare Fraud

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David Stevens

Qualified Broadband Projects Added to Private Activity Bonds by Jobs Act

More than 30 million Americans still lack access to reliable high-speed internet. The need for reliable and affordable internet access has become increasingly important as the economy becomes more dependent on internet access,… more

Broadband, Critical Infrastructure Sectors, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Private Activity Bonds

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Jon Steverson

Recent Developments in Florida Energy and Environmental Legislation

In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in… more

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

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Paul Stimers

President Trump Signs Executive Order on Enabling Competition in the Commercial Space Industry

In a move he characterized as building on his far-reaching actions to promote U.S. space leadership in his first term, President Donald Trump signed an Executive Order (EO) on "Enabling Competition in the Commercial Space… more

Competition, Department of Transportation (DOT), Deregulation, Environmental Review, Executive Orders

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Michael Stockham

SPAC Update: Tremors Felt from Proposed SPAC Rules as Investment Bank Signals Retreat

In a little more than a month, the SEC's proposed special purpose acquisition company (SPAC) rules have started to reshape the market landscape. In a concise statement issued on May 9, a prominent investment bank announced it… more

Initial Public Offering (IPO), Investment Banks, Proposed Regulation, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Mark Stone

U.K., U.S. Reach Competent Authority Agreement on "Equivalent Beneficiary" Status

The United Kingdom and the U.S. Competent Authorities published on July 28, 2021, a Competent Authority Agreement (the Agreement) under the bilateral U.K.-U.S. Income Tax Treaty (the U.K. Treaty). It provides for purposes of… more

EU, Foreign Equivalency Determination, International Tax Issues, IRS, Member State

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Samuel Stone

A Look at New California Labor and Employment Laws for 2025

The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated… more

Anti-Discrimination Policies, Corporate Counsel, Exempt-Employees, FEHA, General Meetings

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Daniel Strickland

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Sonya Strnad

U.S. Supreme Court to Hear Challenge to Fraud-on-the-Market Presumption

On June 11, 2012, the U.S. Supreme Court granted certiorari to a biotechnology company's challenge of the fraud-on-the-market presumption in a securities fraud case. This rebuttable presumption was first approved by the Court in… more

Fraud, Fraud-on-the-Market

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Don Stuart

Podcast - Charity Care: A Discussion on Tax-Exempt Hospitals

In this episode of “Counsel That Cares,” tax attorney Don Stuart and Public Policy & Regulation attorney Chris Armstrong discuss the criteria that grant hospitals tax-exempt status, including several newly adopted standards… more

Charitable Organizations, Health Care Providers, Hospitals, Internal Revenue Code (IRC), IRS

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Jose Suarez

Guidelines on the Processing of Personal Data Through Artificial Intelligence (AI) in Colombia

The Superintendence of Industry and Commerce (SIC) of Colombia issued External Circular No. 2 of 2024, establishing guidelines regarding personal data processed through artificial intelligence (AI) systems… more

Artificial Intelligence, Colombia, New Guidance, Personal Data

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Sofia Suarez

Estado Colombiano establece funciones legales de los territorios indígenas mediante Decreto 488

El Ministerio del Interior de Colombia, el 5 de mayo de 2025, expidió el Decreto 488 de 2025, por medio del cual dictó el funcionamiento de las competencias legales de los territorios indígenas y estableció las condiciones para… more

Colombia, Federal Funding, Financing, Ministry of Interior, New Legislation

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Vanessa Suarez

Texas Business Court Will Have Broader Jurisdiction Over Complex Business Disputes

The Texas Legislature in 2023 created its first Business Court, making Texas the 31st state to establish a specialized court to adjudicate complex business disputes. The Business Court is divided into 11 divisions encompassing… more

Business Court, Business Litigation, Commercial Litigation, Dispute Resolution, Intellectual Property Litigation

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Nellie Sullivan

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding… more

Breach of Contract, Commercial Leases, Contract Disputes, Contract Terms, Due Diligence

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Sean Sullivan

Health Reimbursement Arrangements: An Option for Small Employers

Though the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) do not apply to small employers (generally, employers with fewer than 50 full-time equivalent employees), many small… more

Affordable Care Act, Benefit Plan Sponsors, COBRA, Compliance, Employee Retirement Income Security Act (ERISA)

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Ram Sunkara

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity to… more

Advertising, Carbon Off-Set Credits, Climate Change, Environmental Claims, Environmental Social & Governance (ESG)

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Laura Supple

SBA Announces Full-Scale Audit of 8(a) Program to Uncover Fraud and Bribery

The U.S. Small Business Administration (SBA) on June 27, 2025, announced a comprehensive, full-scale audit of its 8(a) Business Development Program (8(a) Program), marking a significant escalation in federal oversight of small… more

8(a) Program, Audits, Bribery, Department of Justice (DOJ), Enforcement Actions

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Charnae Supplee

Department of Labor Releases New ERISA Fiduciary Rule

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security… more

401k, Amended Rule 702, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary

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Marne Sussman

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012 and… more

Clean Air Act, Comment Period, Conflicts of Laws, Deregulation, Endangerment Finding

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Douglas Sweeney

Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

The Massachusetts Supreme Judicial Court (SJC) has ruled that a forfeiture clause triggered by a breach of a non-solicitation agreement is not a "forfeiture for competition agreement" under the Massachusetts Noncompetition… more

Appeals, Breach of Contract, Contract Disputes, Contract Terms, Employee Benefits

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Daniel Sylvester

Lenders and Borrowers Beware: EIDL Fraud Alert

Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have been… more

Borrowers, CARES Act, Coronavirus/COVID-19, Due Diligence, Economic Injury Disaster Loans

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Peter Tabor

Reciprocal Tariff Update: State of Bilateral Negotiations

As the Aug. 1, 2025, end date for President Donald Trump's most recent suspension of country-specific reciprocal tariffs approaches, stakeholders should consider where ongoing bilateral negotiations stand, what the potential… more

Canada, China, India, International Emergency Economic Powers Act (IEEPA), International Trade

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Maddie Tansey

SEC Settlements Over Whistleblower Protections Pile Up

As the SEC closed its fiscal year, it filed three separate enforcement actions against companies for purported violations of Rule 21F-17 under the Securities and Exchange Act of 1934, which prohibits persons from impeding… more

Civil Monetary Penalty, Compliance, Contract Terms, Employment Contract, Enforcement Actions

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Nicholas William Targ

California's Microplastics Proposal: Impacts on the Consumer Products Supply Chain: The Proposed Listing of Microplastics Reflects Ongoing Regulatory Scrutiny of Plastic Products, Usage and Supply Chain. What Should Consumer Product Companies Do Now? Proactive Steps Can Position Companies as Leaders, Reduce Risk and Enhance Brand Resilience.

California's Department of Toxic Substances Control (DTSC) has proposed listing microplastics on its "Candidate Chemicals List" under the Safer Consumer Products (SCP) Program, a regulatory framework designed to reduce toxic… more

Comment Period, Consumer Protection Laws, Environmental Policies, Manufacturers, NPRM

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Pirjin Tayip Laser

Q2 2025 Update on State Efforts to Regulate Healthcare Consolidation

New state healthcare transaction reporting and corporate practice of medicine (CPOM) laws faced significant headwinds in 2024 with increased opposition by state legislators and advocacy participation by industry stakeholders… more

Acquisitions, Antitrust Provisions, Corporate Practice of Medicine, Healthcare, Healthcare Facilities

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Timothy Taylor

Executive Orders Issued to Overhaul FAR, Direct Procurement of Commercial Products and Services

President Donald Trump issued an executive order on federal procurement titled "Restoring Common Sense to Federal Procurement" on April 15, 2025 (the April 15 EO), directing that the Federal Acquisition Regulation (FAR) be… more

Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Tamar Tellado

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has… more

Biden Administration, Employee Benefits, Enforcement Actions, NLRA, NLRB

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Gabriela Tellez

Resolución que modifica fechas para el registro de Beneficiarios Finales en Colombia

Tal como lo anticipó la alerta del 27 de septiembre de 2022, la Dirección de Impuestos y Aduanas Nacionales (DIAN) de Colombia expidió la Resolución 001240 de 28 de septiembre de 2022, por la cual modificó los artículos 10, 13 y… more

Colombia, Corporate Taxes, Income Taxes, Relief Measures, Tax Authority

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Jovi Tenev

Bipartisan Bill Reintroduced to Enhance U.S. Shipbuilding, Maritime Sector, National Security

The Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act (the Act) was reintroduced on April 30, 2025, with bipartisan support from legislators. It aims to expand the U.S.-flag international… more

Biden Administration, Executive Orders, International Trade, Maritime Transport, National Security

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Sean Tevel

Biden Administration's FY 2022 Budget and Its Tax Increases for Corporations, Wealthy

By way of background, the budget that the president submits to Congress contains estimates of federal government income and spending for the upcoming fiscal year and also recommends funding levels for the federal government… more

Appropriations Bill, Biden Administration, Corporate Taxes, Federal Budget, Green Book

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David Thaxton

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the… more

Carbon Capture and Sequestration, Contract Terms, Energy Storage, Mineral Leases, Mineral Rights

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Ashley Thomas

Podcast - Insights on the FTC's Approach to Digital Health Companies

In this episode of "Counsel That Cares," privacy and cybersecurity attorney Ashley Thomas discusses the Federal Trade Commission (FTC) and its more stringent approach toward digital health companies. She discusses the FTC's… more

Cybersecurity, Digital Health, Federal Trade Commission (FTC), Life Sciences, Proposed Rules

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Stacy Byrd Thomas

SEC's Division of Investment Management Updates Marketing Rule FAQs

The SEC's Division of Investment Management (Division) on March 19, 2025, updated its Marketing Compliance Frequently Asked Questions (FAQs) with respect to Rule 206(4)-1 under the Investment Advisers Act of 1940 (Marketing… more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, New Guidance

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Tyrone Thomas

IRS Section 457(f) Plans: An Update Amid Regulatory Uncertainty

Section 457(f) of the U.S. Internal Revenue Code provides a framework for nonqualified deferred compensation arrangements commonly offered by tax-exempt and governmental employers. These plans are frequently used to recruit and… more

Benefit Plan Sponsors, Employee Benefits, Excise Tax, Executive Compensation, Federal Trade Commission (FTC)

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Vivian Lee Thoreen

FINRA Proposal Lets Financial Firms Hold Funds of Elder Abuse Victims

The Financial Industry Regulatory Authority (FINRA) will soon be soliciting public comment on a proposal allowing financial institutions to put a hold on customer funds and notify a customer's "trusted contact" when the… more

Bank Accounts, Banking Sector, Banks, Customer Funds, Customer Funds Protection

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Mike Timpone

BIMCO's New USTR Clause for Time Charter Parties 2025: Key Takeaways for Owners and Charterers

The Baltic and International Maritime Council (BIMCO) on July 22, 2025, published a standard clause for time charter parties to address contractual uncertainties arising from the U.S. Trade Representative's (USTR) recent actions… more

Charter, China, Contract Terms, Fees, International Maritime Organization (IMO)

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Michael Titens

Corporate Transparency Act Interim Final Rule Issued

In the latest development of the ongoing Corporate Transparency Act (CTA) saga, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on March 21, 2025, issued an interim final rule that… more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Domestic Corporations, Enforcement Priorities

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Jasmine Tobias

District Court in Texas Sets Aside FTC Non-Compete Rule

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6 (Rule)… more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Rachel Tom-Quinn

DEI in Flux: Fourth Circuit's Decision Resuscitates DEI Executive Orders

The U.S. Court of Appeals for the Fourth Circuit issued an order on March 14, 2025, lifting the nationwide injunction on President Donald Trump's executive orders (EOs) targeting diversity, equity and inclusion (DEI) programs… more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Enforcement Priorities, Executive Orders, False Claims Act (FCA)

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Robert Tompkins

Executive Orders Issued to Overhaul FAR, Direct Procurement of Commercial Products and Services

President Donald Trump issued an executive order on federal procurement titled "Restoring Common Sense to Federal Procurement" on April 15, 2025 (the April 15 EO), directing that the Federal Acquisition Regulation (FAR) be… more

Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Robert Tonn

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party sellers –… more

Amazon, Amazon Marketplace, Consumer Product Companies, Consumer Product Safety Commission (CPSC), Distributors

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Bruce Toppin

CFPB Finalizes New "Open Banking" Rule; Prompt Court Challenge Is Pending

The Consumer Financial Protection Bureau (CFPB) on Oct. 23, 2024, issued its final "open banking" rule. Starting for some institutions as early as 2026, financial service providers must, upon a consumer's request, make financial… more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry

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John Toriello

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational… more

Aircraft, Airline Passengers, Airplane Accidents, Amended Legislation, Aviation Industry

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Juan Carlos Torra

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030… more

Employees, Employer Responsibilities, Employment Policies, Federal Labor Laws, Hiring & Firing

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Halley Townsend

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Talia Townsend

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Haylie Treas

FTC Cracks Down on Selling Sensitive Location Info, Restricts Use of Consumer Data for 1st Time

The Federal Trade Commission (FTC) announced two significant enforcement actions last week – one against data broker Mobilewalla, Inc. and the other against data analytics provider Gravy Analytics, Inc. (and its subsidiary… more

Advertising, Analytics, Auction, Compliance, Consumer Privacy Rights

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Talis Trevino

Guidelines for Seeking Damages in Dispossessory Actions in Georgia Magistrate Court

Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court – is… more

Appellate Courts, Counterclaims, Damages, Jurisdiction, State Courts

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Wells Trompeter

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare… more

Ambulatory Surgery Centers, Certificate of Need, Emergency Rooms, Health Care Providers, Healthcare Facilities

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Luca Trumbull

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

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Ross Tuminello

IRS Issues Private Ruling That Entity with Zero Gross Income or Assets Can Qualify as a REIT

In private letter ruling (PLR) 202440007, the taxpayer (Taxpayer REIT) elected to be treated as a real estate investment trust (REIT) for its initial tax year. The Taxpayer REIT was formed as a vehicle to invest indirectly… more

IRS, Multi-Family Housing, Private Letter Rulings, Real Estate Investments, REIT

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Kyle Turnbull

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's 2016… more

Bankruptcy Court, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Shawn Turner

FDIC Proposes Significant Revisions to Brokered Deposit Regulations

The Federal Deposit Insurance Corporation (FDIC) announced a proposed rule that would revise brokered deposit regulations promulgated under Section 29 of the Federal Deposit Insurance Act… more

Asset Management, Broker-Dealer, Brokered Deposits, Comment Period, Depository Institutions

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Melissa Turra

FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a… more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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Antonia Tzinova

Suirui International Ordered to Divest from Jupiter Systems

President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong… more

Acquisitions, Business Assets, CFIUS, China, Cross-Border Transactions

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Guillermo Uribe Lara

CNBV propone obligaciones en materia de información de sostenibilidad en México

La Comisión Nacional Bancaria y de Valores (CNBV) de México, el 13 de septiembre de 2024, publicó en el portal de la Comisión Nacional de Mejora Regulatoria (CONAMER) el anteproyecto de la resolución que modifica las… more

Environmental Social & Governance (ESG), Financial Markets, Foreign Relations, International Tax Issues, Mexico

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Matthew Vafidis

California Set to Expand At-Berth Rules

California is in the final stages of adopting the latest regulation to impose its own air quality rules upon ocean-going vessels calling in the state. On Aug. 27, 2020, the California Air Resources Board (CARB) approved the… more

California, CARB, Carbon Emissions, Environmental Protection Agency (EPA), New Regulations

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Aymee Valdivia Granda

Trump Threatens Retaliatory Measures vs. Latin American Countries Refusing Repatriation Flights

President Donald Trump on Jan. 20, 2025, issued various immigration-related Executive Orders (EOs) and presidential actions that could have an immediate and lasting impact on Latin American countries. President Trump's… more

Economic Sanctions, Executive Orders, Foreign Policy, Immigration Procedures, International Emergency Economic Powers Act (IEEPA)

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Camila Vivas Valencia

Nuevo proyecto de decreto para el sistema de finanzas abiertas en Colombia

La Unidad de Regulación Financiera (URF) publicó para comentarios al público una nueva versión del proyecto de decreto por medio del cual se pretende regular el sistema de finanzas abiertas en Colombia… more

Colombia, Consumer Privacy Rights, Data Privacy, Data Protection, Financial Regulatory Reform

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Juan Carlos Valencia Marquez

Proyecto de reforma tributaria de Colombia 2024: Lo destacable y lo cuestionable

El Gobierno Nacional de Colombia radicó, estratégicamente, el proyecto de Ley de Financiamiento 2024, el 10 de septiembre de 2024, buscando con ello justificar el Presupuesto General de la Nación 2025 por $523 billones,… more

Colombia, Corporate Taxes, Economic Development, Federal Budget, Federal Funding

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Bradley Van Buren

FinCEN Proposal Potentially Impacts Registered Investment, Exempt Reporting Advisers

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has issued a new notice of proposed rulemaking (NPRM), referred to herein as the "Proposed Rule," that would subject SEC-registered investment… more

AML/CFT, Anti-Money Laundering, Anti-Terrorism Financing, Bank Secrecy Act, BSA/AML

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Tara Vance

Registration Opens for Information on Trump Gold Card Residency Permit

As of June 12, 2025, individuals and businesses can register to receive information on the Trump Gold Card – a proposed alternative or possible replacement to the EB-5 visa, also known as the Immigrant Investor Visa… more

EB-5, Immigrant Investment Visas, Immigration Procedures, Internal Revenue Code (IRC), IRS

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Chad Vanderhoef

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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John Vaughan

Podcast - Regulating AI in Healthcare: The Road Ahead

In this episode of "Counsel That Cares," Public Policy & Regulation attorney John Vaughan, Healthcare attorney Dan Silverboard and Public Affairs Advisor Sarah Starling Crossan discuss the rapidly evolving landscape of… more

Algorithms, Artificial Intelligence, Bias, Compliance, Data Privacy

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Woody Vaughan

Commerce Department Announces BEAD Program State Funding Totals

The U.S. Department of Commerce on June 26, 2023, announced funding for each state, U.S. territory and the District of Columbia for high-speed internet infrastructure development through the Broadband Equity Access and… more

Bonds, Broadband, FCC, Federal Funding, Government Bonds

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Beth Vecchioli

A Look at Increased Oversight of Financial Institutions in Florida

For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3 was… more

Banking Sector, Bonds, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Financial Institutions

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Inés Elvira Vesga

Podcast - Gestión del gobierno en el sector de energía: Una mirada desde los entes de control

En este episodio de nuestra serie "A Lo Legal Con Energía", Inés Elvira Vesga, socia del área de Energía y Recursos Naturales, conversa con Gustavo Adolfo Guerrero, Procurador Delegado para Asuntos Ambientales, Mineros,… more

Clean Energy, Corporate Social Responsibility, Electricity, Energy Policy, Energy Projects

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Beth Evans Vessel

FTC Issues New HSR Rules Significantly Expanding Current Antitrust Reporting Obligations

The Federal Trade Commission (FTC) voted unanimously on Oct. 10, 2024, to substantially amend the Hart-Scott-Rodino Act (HSR) premerger notification rules, HSR form and instructions, expanding the scope of information and… more

Acquisitions, Department of Justice (DOJ), Disclosure Requirements, Effective Date, Federal Trade Commission (FTC)

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Emily Vest

No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business reports… more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Jose Luis Villareal

Mexico's Senate Approves Bill on Cannabis Regulation Allowing Recreational Use

Mexico's Senate has approved a bill for the issuance of the Federal Law for the Regulation of Cannabis (Ley Federal para la Regulación del Cannabis or LFRC), and for the amendment and addition of several provisions to the… more

Agricultural Sector, Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Hemp

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Beth Viola

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S. Environmental… more

Appellate Courts, Clean Air Act, Environmental Litigation, Environmental Protection Agency (EPA), Environmental Protection Agency v Calumet Shreveport Refining LLC

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Jose Vivas

Colombia: Planeación tributaria frente al impuesto de timbre nacional

El artículo 8 del Decreto 0175 de 14 de febrero de 2025 modificó el parágrafo 2 del artículo 519 del Estatuto Tributario Nacional de Colombia, reviviendo desde el 22 de febrero de 2025 hasta el 31 de diciembre de 2025 el… more

Colombia, Documentary Stamp Tax, Stamp Taxes, Tax Authority, Tax Planning

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Adrianne Waddell

Adrianne Waddell Expresses the Importance of Giving Back and Embracing Your Culture

Holland & Knight's Diversity Council and Hispanic Affinity Group are proud to celebrate Hispanic Heritage Month and pay tribute to the generations of Hispanics who have enriched America's history and continue to play a role in… more

Discrimination, Diversity, Diversity and Inclusion Standards (D&I), Education Reform, Employee Benefits

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Courtney Wagner

IRS Releases New Beginning of Construction Rules for Clean Energy Tax Credits

The IRS on Aug. 15, 2025, released Notice 2025-42, which provides new guidance on how taxpayers can establish that they have begun construction of a wind or solar facility for purposes of determining whether such facility is… more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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Mike Wakefield

New Executive Orders Seek to Improve Acquisition in the Defense Industrial Base

President Donald Trump on April 9, 2025, signed three executive orders (EOs) focused on accelerating defense procurement, improving foreign defense sales between the U.S. and its allies and revitalizing American maritime… more

Defense Contracts, Defense Sector, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR)

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Karen Walker

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of… more

Bond Issuers, Bonds, Environmental Social & Governance (ESG), Financial Institutions, Financial Regulatory Agencies

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Teresa Walker

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Christine Walz

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Stacey Wang

A Series Introduction from Asian/Pacific Islander Affinity Group Chair Stacey Wang

Holland & Knight's Diversity Council and Asian/Pacific Islander (API) Affinity Group are proud to celebrate Asian/Pacific American Heritage Month and pay tribute to the generations of Asians and Pacific Islanders who have… more

Career Development, Corporate Culture, Diversity, Heritage & Culture, Professional Development

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Alexandra Ward

New Executive Action Aims to Streamline Environmental Reviews Through Digital Modernization

The Trump Administration has issued a Presidential Memorandum, "Updating Permitting Technology for the 21st Century," aimed at modernizing and streamlining the federal environmental review and permitting processes through… more

Environmental Policies, Environmental Review, Executive Orders, Expedited Actions Process, Information Technology

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Stephen Warren

Delaware Master Recommends Dismissing Books and Records Request by Activist Shareholder

On August 16, 2013, a master in chancery issued a draft report recommending that the Delaware Chancery Court dismiss a request by an activist stockholder to inspect the books and records of a large corporation that produces and… more

Books & Records, Corporate Governance, Corporate Records, Inspections, Shareholders

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Shalyn Watkins

New Year, Same Bill: California Reintroduces Bill Aimed at Healthcare Private Equity Investment

The California Senate on Feb. 12, 2025, introduced SB351 – a bill nearly identical to a portion of AB3129 from the previous legislative session. The bill, largely aimed at codifying corporate practice of medicine (CPOM) and… more

Corporate Governance, Corporate Practice of Medicine, Enforcement Actions, Health Care Providers, Healthcare Facilities

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Shawna Francis Watley

A Look at the Upcoming Trump Administration's Policy Priorities

President-Elect Donald Trump is poised to expand upon policies he implemented during his first term in office, such as those emphasizing limited government, states' rights and lower taxes. Additionally, it is anticipated that… more

Affirmative Action, Affordable Care Act, Canada, Centers for Disease Control and Prevention (CDC), Climate Change

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Alan Watson

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent from a… more

CA Supreme Court, Email, Public Employees, Public Policy, Public Records

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Nicole Osborne Watson

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies… more

Class Action, Corporate Liability, Cybersecurity Information Sharing Act (CISA), Data Breach, New Legislation

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Stacy Watson May

CMS Memorandum Requires Legionella Risk Reduction in Healthcare Facilities

According to a recent review of Legionnaires' disease outbreaks, 34 percent were associated with long-term care facilities and hospitals. Patients at risk of contracting Legionnaires' disease include smokers, those with… more

Centers for Medicare & Medicaid Services (CMS), Citations, Contamination, Department of Health and Human Services (HHS), Healthcare Facilities

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Jennifer Weaver

Understanding Trends and Challenges in the Behavioral Health Sector

In this episode of "Counsel That Cares," healthcare litigation attorneys Sandra Heller and Jennifer Weaver discuss behavioral health sector trends, providing insights from the commercial and government perspectives. Ms. Heller… more

Health Care Providers, Healthcare Facilities, Mental Health, Physicians

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Mark Weibel

A Look at the CTA's Subsidiary Exemption as Applied to CMBS Special Purpose Entities

The Corporate Transparency Act (CTA) requires certain domestic and foreign entities, called "reporting companies," to file a beneficial ownership information (BOI) report – which provides information about their owners,… more

Beneficial Owner, Commercial Property Owners, Compliance, Corporate Governance, Corporate Transparency Act

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Loren Weil

Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest

The U.S. Bankruptcy Court for the Southern District of Texas awarded on Oct. 26, 2020, a make-whole premium and post-petition interest at the contractual default rate (as opposed to the materially lower federal judgment rate) to… more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Debtors

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William Weiner

FDA's Final Rule on Laboratory Developed Tests Comes with Controversy and Concerns

The U.S. Food and Drug Administration's (FDA) recent announcement of a final rule extending regulatory oversight to laboratory developed tests (LDTs) has sparked controversy. As discussed in a previous Holland & Knight alert,… more

American Hospital Association, CLIA, Clinical Laboratories, Exemptions, Federal Food Drug and Cosmetic Act (FFDCA)

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Andrew Weinstein

The IRS and Gun Control

Earlier this month, the First Circuit Court of Appeals held in a case of first impression that evidence seized by IRS special agents from the taxpayer's home was admissible even though IRS Special Agents were armed when they… more

Conspiracies, Fraud, Gun Laws, IRS, Payroll Taxes

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Charles Weiss

New York State Restaurant Reservation Anti-Piracy Act Cracks Down on a "Leech Industry"

In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt, speak with New York State Assemblymember… more

Business Litigation, Hospitality Industry, New Legislation, New York, Regulatory Reform

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Charles Welch Tiedemann

EEOC Update Clarifies Guidance on Mandating and Incentivizing COVID-19 Vaccination

This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The U.S. Equal Employment Opportunity Commission (EEOC)… more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), GINA

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Mark Wells Miller

Section 1202 Gross Assets and Basis Issues for Qualified Small Business Stock

In order for stock to be qualified for an exclusion on gain under Internal Revenue Code (Code) Section 1202, the issuing corporation must, among other requirements, have aggregate gross assets of no more than $75 million at the… more

Business Assets, Capital Gains, Corporate Governance, Corporate Issuers, Exclusions

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Seth Welner

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff prevailed… more

Breach of Contract, Confidential Information, Confidentiality Agreements, Contract Terms, General Contractors

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Michael Werner

New Florida Law Attempts to Provide Leeway for Certain Stem Cell Treatments

A new law in Florida, CS/CS/SB 1768, allows physicians to market and administer stem cell therapies that have not been approved by the U.S. Food and Drug Administration (FDA) for orthopedic conditions, wound care and pain… more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences, New Legislation

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Brock Whalen

IRS Releases Guidelines for Speeding Up Audits of Large Businesses

The IRS has issued new guidance to its Large Business and International Division (LB&I) in an attempt to expedite audits. The interim guidance, released on July 23, 2025, outlines procedural changes that will further… more

Audits, Comment Period, Expedited Actions Process, Interim Guidance, IRS

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Amelia White

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

See all updates »

Brandon White

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)… more

Chevron Deference, Debt Collection, Debt Collectors, Electronic Communications, Email

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David Whitestone

Private Equity and Other Carried Interest Funds – Federal Tax Policy Tip Sheet: Issue 4

The House of Representatives on Nov. 16, 2017, voted on and passed their tax reform bill, along party lines (227-205). Passage was expected in the House, where the GOP hold a significant enough majority needed to move the… more

Carried Interest, Corporate Taxes, Federal Taxes, Income Taxes, Markups

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Keith Wiener

DOT Announces Pilot Program Permitting Local Hiring Preferences - FHWA-Funded Projects Require Prior Approval; FTA-Funded Projects Do Not

The U.S. Department of Transportation (DOT) announced a pilot program that would permit state and local recipients of federal highway and federal transit funds to issue solicitations with "local hire" preferences. DOT also… more

Construction Industry, Department of Transportation (DOT), Federal Contractors, Highways, Hiring & Firing

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Michael Wiener

New Florida Law Provides More Public-Private Partnership Opportunities

The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,… more

Amended Legislation, Bid Proposals, New Legislation, Public Agencies, Public Comment

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Adrianna Williams

Government Shutdown Advisory: Summary of Contingency Plans for Lapse in Appropriations

The federal fiscal year for 2024 (FY 2024) begins on Oct. 1, 2023, and if appropriations bills have not been enacted before that date or a temporary funding measure – known as a continuing resolution (CR) – has not been enacted,… more

Administrative Agencies, Appropriations Bill, Contingency Plans, Continuing Resolution, Federal Budget

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Gavin Williams

Lessons from 5Pointz: Avoiding Potential Tension Between Artists and Property Owners

• From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the… more

Artists, Damages, Property Owners, Redevelopment, Visual Artists Rights Act (VARA)

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Eddie Williams III

Podcast: Addressing Patient Complaints About Privacy Violations

In the third and final episode of Florida Capital Conversations' healthcare privacy series, Tallahassee attorneys Shannon Hartsfield and Eddie Williams join hosts Nathan Adams and Mia McKown to discuss the challenges of patient… more

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

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John Wesley Williamson

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare… more

Ambulatory Surgery Centers, Certificate of Need, Emergency Rooms, Health Care Providers, Healthcare Facilities

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Kwamina Thomas Williford

Fourth Circuit Limits Beneficiary Bank Liability in BEC Schemes, Requires Actual Knowledge

Business email compromise (BEC) fraud, driven by technology and increasing sophistication by criminal organizations, has become a major issue for both consumers and financial institutions. According to a September 2024… more

Appeals, Corporate Liability, Credit Unions, Electronic Communications, Email

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Benjamin Wilson

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757… more

Arrearages, Business Closures, Business Interruption, Commercial Leases, Commercial Property Owners

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Chris Wilson

Tennessee Removes Alternative Measure for Franchise Tax, Creates Automatic Refund Period

Gov. Bill Lee recently signed into law Public Chapter 950, which creates significant changes in how Tennessee's franchise tax is calculated. Until now, the franchise tax has been calculated based on 1) a taxpayer's… more

Franchise Taxes, Governor Lee, Income Apportionment, Property Owners, State Taxes

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Richard Winter

Illinois Bill Modifying Non-Competition Agreements Nears Enactment

Illinois Gov. JB Pritzker is expected to soon sign into law a bill that will make significant changes to the Illinois Freedom to Work Act and affect the enforceability of employee non-competition provisions. The General Assembly… more

Collective Bargaining Agreements (CBA), Consideration, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract

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David Wirt

A Tale of 2 Rulings: Serta, Mitel Cases Remind Why Contract Language Matters in Debt Documents

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's 2016… more

Bankruptcy Court, Breach of Contract, Chapter 11, Commercial Bankruptcy, Commercial Loans

See all updates »

Jonathan Wolcott

SBA Set to Take Over Certification of Veteran-Owned Small Businesses

The U.S. Small Business Administration (SBA) published a final rule on Nov. 29, 2022, establishing its Veteran Small Business Certification Program for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned… more

Certification Requirements, Department of Veterans Affairs, Federal Contractors, NAIC, NDAA

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Doug Wolford

New Year, Same Bill: California Reintroduces Bill Aimed at Healthcare Private Equity Investment

The California Senate on Feb. 12, 2025, introduced SB351 – a bill nearly identical to a portion of AB3129 from the previous legislative session. The bill, largely aimed at codifying corporate practice of medicine (CPOM) and… more

Corporate Governance, Corporate Practice of Medicine, Enforcement Actions, Health Care Providers, Healthcare Facilities

See all updates »

Melissa Wong

Regulation of AI in Healthcare Utilization Management and Prior Authorization Increases

Over the past two years, federal and state government agencies have moved to regulate the deployment of artificial intelligence (AI) in the healthcare setting, including in the utilization management (UM) and prior authorization… more

Artificial Intelligence, Biden Administration, Congressional Intent, Department of Health and Human Services (HHS), Executive Orders

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John Wood

What's Next for the Regulatory Landscape Post-Chevron?

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

See all updates »

Thomas Woodrow

Prejudgment Interest on Personal Injury Claims Becomes Law in Illinois

Illinois Gov. JB Pritzker has signed Senate Bill 72 (Prejudgment Interest Act) into law, which provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per… more

Bodily Injury, Governor Pritzker, Prejudgment Interest, Settlement

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Todd Wooten

Elections Make Budget Reconciliation a Tool for Significant Legislation Early Next Year

Following the results of the 2024 elections, Republicans will have unified control of the federal government with President-Elect Donald Trump's inauguration on Jan. 20, 2025, and the seating of the 119th Congress on Jan. 3,… more

Budget Reconciliation, Congressional Budget Act of 1974, Election Results, Federal Budget, Legislative Agendas

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Courtney Worcester

Delaware Supreme Court Adopts Universal 3-Part Test to Assess Demand Futility

In a Sept. 23, 2021, decision that may make it easier for Delaware boards of directors to obtain an early dismissal of derivative suits brought against them, the Delaware Supreme Court in United Food and Commercial Workers Union… more

Board of Directors, Class Action, DE Supreme Court, Demand Futility, Derivative Suit

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Todd Wozniak

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every… more

401k, Benefit Plan Sponsors, Cryptocurrency, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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Barak Wrobel

Zoning Change Allows Conversion of Ground Floor Nonresidential Uses to Residential Uses

As discussed in previous Holland & Knight alerts on Dec. 10 and Dec. 18, 2024, New York City recently made comprehensive changes to its Zoning Resolution, known collectively as City of Yes for Zoning for Housing Opportunity… more

Accessory Dwelling Units (ADUs), Affordable Housing, Amended Legislation, Apartments, Co-Op

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Lynne Xerras

American Tire: Rubber Hits the Road in Non-Ratable Chapter 11 Liability Management Transaction

Minority senior secured lenders in syndicated deals rely on, among other provisions, the "sacred right" protections contained in the credit documents to protect the benefit of their bargained-for agreement: primarily, that they… more

Bankruptcy Court, Chapter 11, Contract Terms, Creditors, Debt Collection

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Genna Yarkin

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the… more

Accessory Dwelling Units (ADUs), Affordable Housing, Building Codes, CEQA, Civil Code

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Hassan Yassine

Algeria Seeks Oil and Gas Investment

Algeria, a country with a rich history in hydrocarbon production, is making significant strides in attracting global oil and gas investments. The National Agency for the Valorization of Hydrocarbon Resources (ALNAFT) has… more

Algeria, Commercial Contracts, Contract Terms, Energy Policy, Energy Projects

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Nili Yolin

New York Aims to Restore Choice in CDPAP with Expanded Fiscal Intermediary Licensure

New York State lawmakers introduced a new bill this past week hoping to reverse recent structural changes to the Consumer Directed Personal Assistance Program (CDPAP) by allowing multiple licensed Fiscal Intermediaries (FIs) to… more

Consumer Protection Laws, Healthcare, Home Health Care, Intermediaries, Medicaid

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Scott Yoo

A Cautionary Tale from arrivia Inc. v. Rowley

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov. 8,… more

Breach of Contract, Confidential Information, Contract Disputes, Defend Trade Secrets Act (DTSA), Misappropriation

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Ken Yood

New Year, Same Bill: California Reintroduces Bill Aimed at Healthcare Private Equity Investment

The California Senate on Feb. 12, 2025, introduced SB351 – a bill nearly identical to a portion of AB3129 from the previous legislative session. The bill, largely aimed at codifying corporate practice of medicine (CPOM) and… more

Corporate Governance, Corporate Practice of Medicine, Enforcement Actions, Health Care Providers, Healthcare Facilities

See all updates »

G Michael Yopp

Side-by-Side Comparison of State Private Trust Company Laws Shows Key Advantages by Location

There are numerous laws and regulatory issues to take into account when considering a state in which to form a Private Trust Company (PTC), including requirements around annual reporting, residency of personnel and capital… more

Corporate Governance, Family Trusts, Nonprofits, Private Trust Companies, Trusts

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Douglas Youngman

CFTC Seeks Comments on Use of AI in Derivatives Markets

The Commodity Futures Trading Commission (CFTC) has issued a request for comment (RFC) seeking public input on the use of artificial intelligence (AI) in CFTC-regulated markets. The RFC – distributed jointly by the CFTC's… more

Artificial Intelligence, Automation Systems, Biden Administration, Brokers, CFTC

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Vicky Yuan

A Closer Look at California's Recently Passed Responsible Textile Recovery Act of 2024

With Gov. Gavin Newsom's signature in late September 2024, Senate Bill (SB) 707, the Responsible Textile Recovery Act of 2024 (the Act), made California the first state to adopt the Extended Producer Responsibility (EPR) textile… more

Compliance, Consumer Product Companies, Environmental Policies, EU, France

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Mackenzie Zales

DOE Announces 4 New Critical Minerals Funding Opportunities

The U.S. Department of Energy (DOE) on Aug. 13, 2025, unveiled four major funding initiatives aimed at accelerating the domestic production, processing and recycling of critical minerals and materials. Collectively, these… more

Department of Energy (DOE), Energy Projects, Energy Storage, Federal Funding, Grants

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Jose Zapata

Venezuela Update: August 20, 2025

Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors… more

Chevron, Colombia, Economic Development, Economic Sanctions, Exports

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Michael Zdeb

Independent Directors on Family Business Boards

...Legal Circumstances in Which Independence Is Important - The "business-judgment rule" is a presumption that in making business decisions the directors or managers acted or chose not to act on an informed basis, in good… more

Business Judgment Rule, Conflicts of Interest, Family Businesses, Independent Directors

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Victoria Zerjav

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every… more

401k, Benefit Plan Sponsors, Cryptocurrency, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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Hongjun Zhang Ph.D.

FinCEN Warns of Scams Relating to PPE and Other Medical Goods During COVID-19 Pandemic

In struggling to address the evolving COVID-19 pandemic, the United States and many other countries continue to face major shortages of Personal Protective Equipment (PPE), such as N95 masks, gowns and other vital materials… more

Bank Secrecy Act, Coronavirus/COVID-19, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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Matthew Zimmerman

Payment Card Data is Not Trade Secret Information under the DTSA

In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment card… more

Credit Unions, Customer Information, Cybersecurity, Data Breach, Data Privacy

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