Kelley Drye & Warren LLP

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3 World Trade Center
175 Greenwich Street
New York, NY 10007, United States
Phone: (212) 808-7800
Fax: (212) 808-7897
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • New Jersey
  • New York
Other Countries
  • Belgium
Number of Attorneys
200+ Attorneys

COVID-19: Small Business Bankruptcy Relief

Last week, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, implementing broad relief for individuals and businesses affected by COVID-19. One of the sections of the CARES Act receiving less… more

CARES Act, Coronavirus/COVID-19, Infectious Diseases, Small Business, Small Business Reorganization Act of 2019 (SBRA)

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Summary of the Pallone-Thune TRACED Act - Passed the House of Representatives (12/4) and the U.S. Senate (12/19) Signed by President Trump (12/31)

The Pallone-Thune TRACED Act, S. 151, is bipartisan legislation designed to focus on telemarketers who make unlawful robocalls to consumers. “Robocalling” – a term which sometimes lumps unlawful practices with lawful but… more

Auto-Dialed Calls, FCC, Robocalling, TCPA, Telecommunications

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Employee Benefit Highlights of the ​“One Big Beautiful Bill Act”

Public Law 119-21, generally referred to as the ​“One Big Beautiful Bill” Act (the ​“Act”) and signed into law on July 4, 2025, includes several employee benefit provisions that employers will want to be aware of. Below is an… more

Dependent Care Assistance Program (DCAP), Employee Benefits, Health Savings Accounts, HSA, Individual Retirement Account (IRA)

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EPA Proposes First National Drinking Water Standard for PFAS

The United States Environmental Protection Agency (EPA) today released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant to the federal Safe Drinking Water Act (SDWA)—a key… more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Simplified Option for Correcting Certain Retirement Plan Failures

Earlier this year, the U.S. Department of Labor (“DOL”) amended its Voluntary Fiduciary Compliance Program (“VFCP”) to provide retirement plan sponsors with a simplified option for correcting certain specified prohibited… more

401k, Compliance, Department of Labor (DOL), Employee Benefits, Employer Responsibilities

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

DEA Publishes Long Awaited Proposed Rules for Grower Licenses

In an important step intended to expand marijuana research, the Drug Enforcement Administration (DEA) unveiled a long-awaited rule proposal last week that would permit the agency to issue additional growing licenses for… more

DEA, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement

Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively… more

Advertising, Class Action, Consumer Fraud, Dietary Supplements, False Advertising

See all updates »

U.S. increases tariffs on European aircraft: EU response a litmus test for transatlantic trade relations

Last Friday the United States Trade Representative (USTR) ramped up its tariffs on European aircraft, increasing the duty from 10% to 15%, effective March 18. It also announced it would make minor modifications to 25% tariffs… more

EU, Imports, Tariffs, Trade Relations, US Trade Policies

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Vaccinating the Unvaccinated: Employers Take Heed

Do you have 100 or more employees? Are you a federal government contractor? A healthcare provider? A large entertainment venue? If the answer to any of these questions is yes—and as you’ve already probably heard—President Biden… more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims

California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for residents of… more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, General Data Protection Regulation (GDPR)

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Illinois Equal Pay Act Compliance Deadline

If your company qualifies for the EPRC requirement, but has not yet applied for an EPRC, you should act now to meet compliance requirements. In the summer of 2021, Illinois Governor J.B. Pritzker signed into law several… more

Employer Liability Issues, Equal Pay, Equal Pay Act, State Labor Laws, Wage and Hour

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The Impact of PDR Network LLC v. Carlton & Harris Chiropractic

Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district… more

Administrative Orders, Administrative Procedure, Appellate Courts, Binding Precedent, Dismissals

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Reminder: Federal Communications Commission – August and September Filings 2025

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. The successor to the Form 477 Local Competition and Broadband Report, the BDC Report… more

Broadband, Comment Period, Compliance, FCC, Filing Deadlines

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CBP Posts Interim Instructions for USMCA Implementation

On Monday, April 20, 2020, U.S. Customs and Border Protection (CBP) issued interim instructions for implementation of the U.S.-Mexico-Canada Agreement (USMCA).* The instructions provide guidance regarding preferential tariff… more

Customs and Border Protection, NAFTA, United States-Mexico-Canada Agreement (USMCA), US Trade Policies

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California AG focuses on contracts, opt-outs, and consumer disclosures in Healthline settlement

On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million proposed settlement order with Healthline Media – the largest California Consumer Privacy Act (CCPA) settlement to date. The proposed settlement… more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Compliance, Consumer Privacy Rights

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New Study Finds Widespread PFAS Contamination in Freshwater Fish, Implications to Loss of Use and Natural Resource Damages Claims

A new study conducted by the Environmental Working Group (EWG) and released on January 17, 2023, found that fish consumption across the United States is a significant source of PFAS exposure, especially in communities that… more

Contamination, Environmental Justice, Natural Resources, PFAS

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Unauthorized Blockchain Domain Names: What's a Brand to Do?

Just when you thought you had a handle on domain name enforcement, blockchain technology has given rise to blockchain domain names, which bring novel and complex challenges. There are currently millions of blockchain domain… more

Blockchain, Brand, Cybersquatting, Domain Names, ICANN

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Tariffs and Trade Actions: Summing Up the Last Few Days

The tariff news of the last day has been coming at full speed. Whether a small manufacturer or part of a multinational group company; a firm that manages cross-border supply chains on a daily basis or one that rarely thought… more

Agribusiness, Canada, China, Executive Orders, Exports

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Landlords Without Borders: Challenges in Canadian/U.S. Cross-Border Retail Restructurings

As with its neighbor to the south, Canada faced an influx of retail insolvencies during the midst of the COVID-19 pandemic. For example, in 2020, Canadian-based clothing retailers such as the Aldo Group and Groupe Dynamite filed… more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Cross-Border, Foreign Bankruptcies

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DOJ Provides Guidance on Website Accessibility Programs

Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that… more

Contract Terms, Department of Justice (DOJ), Employee Training, Mobile Apps, State and Local Government

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COVID-19 Relief Triggers ERISA Participant Notice Requirements

In response to the COVID-19 outbreak, Congress, the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) have each offered temporary relief from certain legal requirements applicable to employee benefit plans… more

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

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Impact of Dobbs Decision on Employee Benefits

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and holding that there is no constitutionally protected right to abortion. While the Dobbs… more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Health Insurance

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Alaska and Missouri AGs Announce Resignations

Last week, Missouri Attorney General Andrew Bailey announced his resignation from the position effective September 8. He issued a press release reporting that he is leaving to serve as the Co-Deputy Director of the FBI, in… more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Cybersecurity, Data Security

See all updates »

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have a Discrimination Claim for ​“PierogiGate”?

Alan Dershowitz, retired Harvard Law professor and former attorney for Jeffrey Epstein and President Trump, has made some headlines over the past week over his feud with a pierogi vendor on Martha’s Vineyard. According to news… more

California, Discrimination, First Amendment, Liability, Political Affiliation

See all updates »

The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health… more

Data Privacy, Data Security, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Information Security

See all updates »

FinCEN Exempts Domestic Reporting Companies and Persons from CTA Reporting Requirements

On March 26, 2025, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an interim final rule which narrows the scope of existing beneficial ownership reporting requirements under the Corporate… more

Beneficial Owner, Business Ownership, Comment Period, Corporate Transparency Act, Financial Crimes

See all updates »

Federal Communications Commission FY 2024 Regulatory Fees Are Due Thursday September 26, 2024.

Recently, we provided guidance regarding the upcoming deadline for payment of FCC annual regulatory fees, which are due this Thursday, September 26, 2024. Parties that have not yet addressed this payment are advised to do so… more

Deadlines, FCC, Fees, Telecommunications

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Proposed German Regulations To Require Additional Security Measures for Telecom Carriers

Editor’s note: CommLaw Monitor primarily addresses developments in communications and technologies in the United States. We provide this special update regarding new regulations in Germany for the benefit of U.S. and foreign… more

Germany, Telecommunications

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Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of… more

Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions, Mootness

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Trade Cheats Evading AD\CVD Duties Beware – Recent Developments at Customs and the GAO

AD/CV duty evasion has increased significantly in recent years, with Customs and Border Protection (“CBP”) having failed to collect $2.3 billion in such duties since 2000.[1] Examples of evasion include misrepresentation of the… more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, GAO

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UPDATED: China, Canada, EU Impose Retaliatory Tariffs as Reciprocal Tariffs Come into Effect

UPDATE: On April 9, just hours after higher country-specific reciprocal tariffs took effect on imports from a wide-range of countries, President Trump announced a 90-day pause for countries that have not retaliated against the… more

Canada, China, EU, Executive Orders, International Trade

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BIS Issues Guidance on Addressing Export Diversion Risks

On July 10, the Department of Commerce’s Bureau of Industry and Security (BIS) published guidance on how to identify parties that present a heightened risk of diversion to Russia’s military-industrial sector, as well as… more

Bureau of Industry and Security (BIS), Export Controls, Popular, Russia, U.S. Commerce Department

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Environmental Auditing and Penalty Mitigation under the Trump Administration

For companies that are subject to environmental regulation, the Trump Administration’s U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) Audit Policy presents an opportunity to reduce enforcement risks while… more

Audits, Compliance, Compliance Management Systems, Enforcement Actions, Environmental Policies

See all updates »

Alaska and Missouri AGs Announce Resignations

Last week, Missouri Attorney General Andrew Bailey announced his resignation from the position effective September 8. He issued a press release reporting that he is leaving to serve as the Co-Deputy Director of the FBI, in… more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Cybersecurity, Data Security

See all updates »

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to include… more

Consent, Corporate Counsel, Do Not Call List, Marketing, New Legislation

See all updates »

Federal Communications Commission FY 2024 Regulatory Fees Are Due Thursday September 26, 2024.

Recently, we provided guidance regarding the upcoming deadline for payment of FCC annual regulatory fees, which are due this Thursday, September 26, 2024. Parties that have not yet addressed this payment are advised to do so… more

Deadlines, FCC, Fees, Telecommunications

See all updates »

Ghirardelli Defeats White Baking Chips False Advertising Claims Premised On Faulty Survey Evidence

Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product… more

Advertising, CLRA, False Advertising, Unfair Competition Law (UCL)

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The CDC Will Extend its Eviction Moratorium through the End of June, Despite Mixed Reception in the Federal Courts

The COVID-19 pandemic has fueled fears about mounting evictions, prompting the federal government, as well as many states, cities, and counties, to minimize the impact of the crisis on tenants, including by placing moratoria on… more

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

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COVID-19: “Avoiding” Harm to Corporate Good Samaritans

The impact of COVID-19 is being felt at all levels of the economy and will work its way through bankruptcy courts for years to come. In these early days, many creditors who are themselves suffering are providing assistance to… more

Avoidance, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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White House Imposes Additional 25% Tariffs on Indian Goods

Wednesday morning, the White House declared a new national emergency on products of countries that are ​“directly or indirectly” importing crude oil and petroleum products from the Russian Federation. The executive order… more

Crude Oil, Economic Sanctions, Energy Sector, Executive Orders, Imports

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Insurance Coverage for Opioid Litigation Costs

Pharmaceutical companies at risk of opioid-related litigation should consider whether they are covered by their insurance policy. Liability insurance coverage may be available for defense costs under Comprehensive General… more

Insurance Industry, Opioid, Pharmaceutical Industry, Prescription Drugs

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FTC Revises Hart-Scott-Rodino Thresholds for 2023

On January 23, 2023, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification with… more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Mergers

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Upcoming Compliance Date: The T+1 Settlement Cycle

The Securities and Exchange Commission (the ​“SEC”) adopted changes to Rule 15c6-1 under the Securities Exchange Act of 1934, as amended on February 15, 2023, to shorten the standard settlement cycle from T+2 to T+1. See 17 CFR… more

Broker-Dealer, Final Rules, Rule 15c6-1(a), Securities and Exchange Commission (SEC), Securities Exchange Act

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Too Close for Comfort? LATAM Judge Upholds $1.3 Billion in Intercompany Loans

A decision earlier this year in the LATAM Airlines Group bankruptcy addressed the validity of claims arising from intercompany loans between a corporate debtor’s affiliates. Judge James L. Garrity’s opinion overruling… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement

Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively… more

Advertising, Class Action, Consumer Fraud, Dietary Supplements, False Advertising

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Tariff Update: UK, Canada, and Mexico, Oh My!

We provide two tariff program updates, of relevance to the steel and aluminum Section 232 tariff programs and the IEEPA tariff programs specific to Canada and Mexico. First, last week, the United States and the United Kingdom… more

Canada, Customs and Border Protection, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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FLETF Expands UFLPA Entity List with Chinese Cotton Traders: What It Means for Every Industry

On May 16, 2024, the U.S. government’s Forced Labor Enforcement Task Force (“FLETF”) announced the addition of 26 new entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List. The announcement was published on… more

China, Department of Homeland Security (DHS), Forced Labor, Supply Chain, Uyghur Forced Labor Prevention Act (UFLPA)

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NJ Employers On Notice: Use of AI Tools Must Comply With New Jersey’s Law Against Discrimination

Unlike other jurisdictions, New Jersey has not yet implemented legislation directly governing the use of AI tools in employment practices. But, earlier this month, New Jersey Attorney General Matthew J. Platkin announced that… more

Artificial Intelligence, Bias, Corporate Counsel, Employer Liability Issues, Employment Discrimination

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U.S. Fish & Wildlife Service Suspends Commercial Trade from Mexico in All CITES-Regulated Products

On March 27, 2023, the United States Fish & Wildlife Service (USFWS) suspended trade in all trans-border shipments from Mexico that contain specimens managed under the Convention on International Trade in Endangered Species of… more

Conservation, Endangered Species, Environmental Policies, Mexico, US Fish and Wildlife Service

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

U.S. Fish & Wildlife Service Suspends Commercial Trade from Mexico in All CITES-Regulated Products

On March 27, 2023, the United States Fish & Wildlife Service (USFWS) suspended trade in all trans-border shipments from Mexico that contain specimens managed under the Convention on International Trade in Endangered Species of… more

Conservation, Endangered Species, Environmental Policies, Mexico, US Fish and Wildlife Service

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IRS Withdraws Controversial Pronouncement on “Bad Boy” Guarantees

In a client advisory dated February 25, 2016, we described a legal memorandum released by the Office of Chief Counsel of the Internal Revenue Service (the “Memorandum”) which took the position that a typical “carve-out” or “bad… more

Bad Boy Liability, IRS, Limited Liability Company (LLC), Partnerships, Real Estate Investments

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Recent Measures in the District of Columbia Negatively Impact Opportunity Zone Investment Returns

The District of Columbia is implementing certain new regulations and has also enacted new legislation that will likely result in a reduction in expected investment returns and create overly burdensome government oversight that… more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

See all updates »

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion (“DEI”) initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173 – titled… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Enforcement Actions

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EPA Proposes Designating Two PFAS “Forever Chemicals” as CERCLA Hazardous Substances

On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive… more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Bipartisan Coalition of State AGs Oppose Federal Effort to Block State AI Laws

If you’ve been keeping tabs on the AI legal landscape lately, one thing is clear: states aren’t waiting. Over the past year, lawmakers across the country have introduced—and in some cases passed—a flurry of bills aimed at… more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Preemption, Proposed Legislation

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Misguided:  The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently announced… more

Advertising, Dietary Supplements, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Environmental Auditing and Penalty Mitigation under the Trump Administration

For companies that are subject to environmental regulation, the Trump Administration’s U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) Audit Policy presents an opportunity to reduce enforcement risks while… more

Audits, Compliance, Compliance Management Systems, Enforcement Actions, Environmental Policies

See all updates »

The 2018 Midterms Election Results And Policy Implications

The results of Tuesday's election will bring sweeping changes to Washington, D.C. To help you evaluate these changes and understand their potential implications on your business practices, Kelley Drye's Government Relations &… more

Election Results, Federal Elections, Political Candidates, Political Parties, Popular

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Adtech Privacy Pain Points: Top 7 List for Effective Opt-Out Compliance

As privacy enforcement ramps up, effectively managing opt-out requirements under state privacy laws is a top risk mitigation measure. But complying with opt-outs is not just a matter of providing a consumer-facing opt-out… more

Advertising, California Consumer Privacy Act (CCPA), Compliance, Consent, Consumer Privacy Rights

See all updates »

Maryland State Bar Association Proposes an Overhaul to Maryland’s Business & Technology Courts

A Maryland State Bar Association task force has issued a comprehensive Report and Proposed Recommendations calling for sweeping changes to improve the effectiveness of the state’s Business & Technology Case Management Program… more

Business Court, State and Local Government, State Bar Associations

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Spotlight on Business Courts

The New York Commercial Division celebrated its 20th anniversary in 2015. In the last 20 years, we have watched the creation and development of business courts or commercial courts within state-trial-court civil systems. The… more

Business Court, Commercial Court, Judges

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California Publishes New Regulations Governing Charitable Campaigns

Doing good just got a little more complicated for companies that run charitable campaigns in California. In January 2023, we posted that California had passed a new law governing certain types of charitable campaigns… more

Charitable Donations, Charitable Organizations, Co-Ventures, Commercial Co-Ventures (CCVs)

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Spilling the Tea on Made in USA Claims

We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the… more

Country of Origin, False Advertising, Made in the USA, Product Labels

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Trump Announces Sweeping Reciprocal Tariffs

On April 2, 2025, President Trump signed an Executive Order (EO) imposing reciprocal tariffs on most nations. The new tariffs, which include a baseline rate of 10 percent as well as higher rates for dozens of trading partners,… more

Canada, China, Economic Sanctions, Executive Orders, Imports

See all updates »

Misguided:  The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently announced… more

Advertising, Dietary Supplements, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims

See all updates »

AI Alert: CFPB Tightens FCRA Rules for Employers

On October 22, 2024 the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule (that we reported about here). However, the CFPB did not rest there, two days later it… more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Consumer Reports, Credit Reports, Fair Credit Reporting Act (FCRA)

See all updates »

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have a Discrimination Claim for ​“PierogiGate”?

Alan Dershowitz, retired Harvard Law professor and former attorney for Jeffrey Epstein and President Trump, has made some headlines over the past week over his feud with a pierogi vendor on Martha’s Vineyard. According to news… more

California, Discrimination, First Amendment, Liability, Political Affiliation

See all updates »

Recent Measures in the District of Columbia Negatively Impact Opportunity Zone Investment Returns

The District of Columbia is implementing certain new regulations and has also enacted new legislation that will likely result in a reduction in expected investment returns and create overly burdensome government oversight that… more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

See all updates »

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that the… more

California, City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Constitutional Challenges, Discharge of Pollutants

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EPA Announces Final Rule Designating Two PFAS as ​“Hazardous Substances” under CERCLA

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms of… more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

FinCEN Exempts Domestic Reporting Companies and Persons from CTA Reporting Requirements

On March 26, 2025, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an interim final rule which narrows the scope of existing beneficial ownership reporting requirements under the Corporate… more

Beneficial Owner, Business Ownership, Comment Period, Corporate Transparency Act, Financial Crimes

See all updates »

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to include… more

Consent, Corporate Counsel, Do Not Call List, Marketing, New Legislation

See all updates »

SEC Releases Final Crowdfunding Rules

On October 30, 2015, the Securities and Exchange Commission (“SEC”) released its highly anticipated final rules regarding equity crowdfunding, which will permit companies to raise up to $1 million per year from investors on… more

Crowdfunding, Investors, JOBS Act, Offerings, Popular

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[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances… more

CERCLA, Clean-Up Costs, Contamination, Continuing Legal Education, Due Diligence

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Court of International Trade Finds Tariffs Imposed Pursuant to IEEPA Unlawful

On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic… more

Appeals, Court of International Trade, Executive Orders, International Trade, Jurisdiction

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New Tariff Actions Announced Back-to-Back from the White House: Copper 232, Brazil Tariffs, and De Minimis

On July 30, the White House issued three executive orders in another flurry of changes to the tariff landscape. As a result of the executive orders, certain copper products and products of Brazil will be subject to 50 percent… more

Customs and Border Protection, Economic Sanctions, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

EPA Announces Drinking Water Standards for Six PFAS

On April 10, 2024, the United States Environmental Protection Agency (“EPA”) announced the first enforceable federal drinking water standards under the Safe Drinking Water Act (“SDWA”) for six per- and polyfluoroalkyl substances… more

CERCLA, Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances

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Clocking in on Los Angeles County’s New Fair Work Week Ordinance

Los Angeles County has joined the ranks of other urban governments, including the City of Los Angeles, that have enacted fair workweek ordinances in attempt to provide workers with more predictable schedules and fairer pay. This… more

California, City of Los Angeles, Employee Rights, Employee Training, Employees

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Tariff Update: List of Products Covered by the Autos Tariffs

On April 3, 2025, the Presidential Proclamation Adjusting Imports of Automobiles and Automobile Parts into the United States, and its accompanying Annex I, were published in the Federal Register. The text of the Proclamation was… more

Automotive Industry, Imports, International Trade, Tariffs, United States-Mexico-Canada Agreement (USMCA)

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White House Terminates Most Syria Sanctions

On June 30, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) implemented the President’s Executive Order ​“Providing for the Revocation of Syria Sanctions,” (Syria EO) which removes U.S. sanctions on… more

Biden Administration, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Economic Sanctions, Executive Orders

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Bid Protests: A Buy American Enforcement Tool, At Least Sometimes

For nearly a century, “Buy American” provisions and similar laws have mandated or otherwise instituted purchasing preferences for U.S. materials and products when using federally-appropriated funds. Recently, these requirements… more

Bid Protests, Buy American Act, Federal Contractors

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Employee Benefit Highlights of the ​“One Big Beautiful Bill Act”

Public Law 119-21, generally referred to as the ​“One Big Beautiful Bill” Act (the ​“Act”) and signed into law on July 4, 2025, includes several employee benefit provisions that employers will want to be aware of. Below is an… more

Dependent Care Assistance Program (DCAP), Employee Benefits, Health Savings Accounts, HSA, Individual Retirement Account (IRA)

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In an En Banc Decision, the Fourth Circuit Clarifies the Appealability of Dismissals Without Prejudice - Britt v. DeJoy

In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is… more

Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation, Retaliation

See all updates »

Insurance Coverage for Opioid Litigation Costs

Pharmaceutical companies at risk of opioid-related litigation should consider whether they are covered by their insurance policy. Liability insurance coverage may be available for defense costs under Comprehensive General… more

Insurance Industry, Opioid, Pharmaceutical Industry, Prescription Drugs

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Federal Communications Commission FY 2024 Regulatory Fees Are Due Thursday September 26, 2024.

Recently, we provided guidance regarding the upcoming deadline for payment of FCC annual regulatory fees, which are due this Thursday, September 26, 2024. Parties that have not yet addressed this payment are advised to do so… more

Deadlines, FCC, Fees, Telecommunications

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Committee’s Letter to DOE Signals Heightened Scrutiny of Foreign Funding in Higher Education

On February 19, 2025, the Committee on Oversight and Government Reform – specifically, Rep. Virginia Foxx and Committee Chairman James Comer – sent a letter to the U.S. Department of Education (DOE) Acting Secretary, Denise… more

Department of Education, Educational Institutions, Enforcement Actions, Federal Funding, Foreign Governments

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FLETF Expands UFLPA Entity List with Chinese Cotton Traders: What It Means for Every Industry

On May 16, 2024, the U.S. government’s Forced Labor Enforcement Task Force (“FLETF”) announced the addition of 26 new entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List. The announcement was published on… more

China, Department of Homeland Security (DHS), Forced Labor, Supply Chain, Uyghur Forced Labor Prevention Act (UFLPA)

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U.S. Government Accountability Office Agrees to Review 232 Tariff Exclusion Process

In response to Congressional concerns, the U.S. Government Accountability Office (“GAO”) has agreed to review the process by which the U.S. Department of Commerce (“Commerce”) has been processing steel and aluminum tariff… more

Aluminum Sales, GAO, Imports, Section 232, Steel Industry

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SEC Stays Climate Disclosure Rules After Legal Challenges Consolidated in MDL

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) issued a stay of its final rules on climate-related disclosures. As detailed in our previous advisory on the topic, days after the final rules were issued in… more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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The New York State Legislative Push for Minimum Review Periods in Severance Agreements

Employers are already familiar with the age-related requirements of federal law applicable to an employee’s release of claims if the employee is 40 or older: they have up to 21 days to consider the release, and seven… more

Contract Terms, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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Upcoming Compliance Date: The T+1 Settlement Cycle

The Securities and Exchange Commission (the ​“SEC”) adopted changes to Rule 15c6-1 under the Securities Exchange Act of 1934, as amended on February 15, 2023, to shorten the standard settlement cycle from T+2 to T+1. See 17 CFR… more

Broker-Dealer, Final Rules, Rule 15c6-1(a), Securities and Exchange Commission (SEC), Securities Exchange Act

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Unauthorized Blockchain Domain Names: What's a Brand to Do?

Just when you thought you had a handle on domain name enforcement, blockchain technology has given rise to blockchain domain names, which bring novel and complex challenges. There are currently millions of blockchain domain… more

Blockchain, Brand, Cybersquatting, Domain Names, ICANN

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NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?

As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken… more

Corporate Counsel, Electronic Monitoring, Employee Handbooks, Employee Monitoring, Employer Liability Issues

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NLRB Overturns Obama-era Rules

On December 17, 2019, the National Labor Relations Board issued two decisions which dramatically overturn a pair of hotly debated Obama-era rules. The first sets down a rule allowing employers to limit an employee’s use of… more

Email, NLRB, Purple Communications, Unions, Workplace Investigations

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Biden Administration to Evaluate Critical U.S. Supply Chains for Resiliency

On February 24, 2021, President Biden issued Executive Order 14017 (“EO 14017”) establishing a wide-ranging evaluation of America’s supply chains that will take place over the next twelve months. The assessment will follow two… more

Biden Administration, Executive Orders, Export Controls, Supply Chain

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The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect. The… more

Comment Period, Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act

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What’s in the Newly Enacted One Big Beautiful Bill Act

On July 4, 2025, President Trump signed into law the ​“One Big Beautiful Bill Act” (the ​“2025 Act”). The Act makes permanent some provisions originally enacted in 2017 as part of the Tax Cuts and Jobs Act (the ​“2017 Act”),… more

Business Income, Business Taxes, Charitable Donations, Corporate Taxes, Estate Tax

See all updates »

Minnesota Proposes Rules for Reporting PFAS-Containing Products by January 2026

On April 21, 2025, the Minnesota Pollution Control Agency (“MPCA” or ​“the Agency”) released proposed rules that if finalized would help effectuate the Gopher State’s ban on per- and polyfluoroalkyl substances (“PFAS”) in… more

Chemicals, Disclosure Requirements, Filing Deadlines, Manufacturers, PFAS

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Nobody’s Default? Ninth Circuit to Decide Whether Defaults Need to be ‘Material’ Before Landlords Get Adequate Assurance Under the Bankruptcy Code

Section 365 of the Bankruptcy Code allows debtors to “assume” unexpired leases, recommitting themselves and their counterparties to the existing lease terms, subject to approval by the Bankruptcy Court. If there are existing… more

Bankruptcy Code, Counterparties, Debtors, Section 365

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

NLRB Leadership in Flux: Chair Gwynne Wilcox’s Unprecedented Firing, a Quorum-Less Board, and Implications for Employers

President Trump wasted no time shaking up the labor and employment law landscape. As anticipated, Trump discharged NLRB General Counsel, Jennifer Abruzzo, a Biden appointee serving a four-year term… more

Equal Employment Opportunity Commission (EEOC), Labor Reform, Labor Relations, NLRA, NLRB

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Trump Issues Executive Orders Imposing Tariffs on Goods from Canada, Mexico, and China

Tonight, the White House released Executive Orders placing additional duties on all imports from Canada, Mexico, and China under the International Emergency Economic Powers Act (IEEPA), among other authorities. The Executive… more

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

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[Webinar] Avoiding Pitfalls and Trolls in Payment Agreements: Understanding How AI, Open Source and Licenses Impact the Payment Industry - July 31st, 12:00 pm - 1:00 pm CDT

Join Kelley Drye for a practical CLE webinar, “Avoiding Pitfalls and Trolls in Payment Agreements: Understanding How AI, Open Source and Licenses Impact the Payment Industry.” This session will help payments attorneys move… more

Artificial Intelligence, Best Practices, Continuing Legal Education, Intellectual Property Protection, Non-Compete Agreements

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New York Employers Must Take Action to Secure Insurance Coverage for the Coming Wave of Sexual Abuse

On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against responsible… more

Child Abuse, Child Protection Laws, Crime Victims, Insurance Industry, Sexual Abuse

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A Viewer’s Guide to FTC’s Vote on Banning Noncompete Clauses

The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024. Commissioners will decide whether to issue a rule that declares most noncompete clauses in employment… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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EPA Announces Drinking Water Standards for Six PFAS

On April 10, 2024, the United States Environmental Protection Agency (“EPA”) announced the first enforceable federal drinking water standards under the Safe Drinking Water Act (“SDWA”) for six per- and polyfluoroalkyl substances… more

CERCLA, Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances

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Trade Updates (July 31) - New Reciprocal Tariff Rates, an Increase in IEEPA Tariffs for Canadian Goods, and a 90-Day Pause on Tariff Increases for Mexico

On July 31, 2025, President Trump issued an executive order modifying the so-called reciprocal tariffs implemented under IEEPA. Country-specific rates, originally announced on April 2 through Executive Order 14527, have been… more

Canada, Customs and Border Protection, EU, Executive Orders, International Emergency Economic Powers Act (IEEPA)

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Second Round Of Miscellaneous Tariff Bill Process To Launch

On October 15, 2019, the US International Trade Commission (ITC) will begin accepting a new round of petitions to suspend/reduce tariffs under a process commonly known as the Miscellaneous Tariff Bill or MTB process. Under this… more

Imports, International Trade Commission (ITC), Tariffs, Trump Administration, U.S. Commerce Department

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Telecommunications Companies Face Potential Government Investigations Related to Lead-Sheathed Cables

Concerns about potential widespread lead contamination of residential neighborhoods, schools and drinking water supplies from lead sheathing in telecommunications wires, fueled by a series of recent articles in the Wall Street… more

CERCLA, Contamination, Department of Justice (DOJ), Environmental Protection Agency (EPA), Telecommunications

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The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health… more

Data Privacy, Data Security, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Information Security

See all updates »

New Tariff Actions Announced Back-to-Back from the White House: Copper 232, Brazil Tariffs, and De Minimis

On July 30, the White House issued three executive orders in another flurry of changes to the tariff landscape. As a result of the executive orders, certain copper products and products of Brazil will be subject to 50 percent… more

Customs and Border Protection, Economic Sanctions, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

White House Terminates Most Syria Sanctions

On June 30, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) implemented the President’s Executive Order ​“Providing for the Revocation of Syria Sanctions,” (Syria EO) which removes U.S. sanctions on… more

Biden Administration, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Economic Sanctions, Executive Orders

See all updates »

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has… more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Safety

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$1.2 Trillion Bipartisan Infrastructure Bill Heads to President’s Desk

LANDMARK BILL REPRESENTS A MAJOR COMPONENT OF THE BIDEN ADMINISTRATION'S BUILD BACK BETTER AGENDA - On November 5, the U.S. House of Representatives passed a bipartisan $1.2 trillion “physical” infrastructure bill, paving the… more

Airports, Biden Administration, Bridges, Broadband, Carbon Capture and Sequestration

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New DEI Executive Order Signals New Potential Enforcement of The False Claims Act

President Trump recently issued Executive Order 14173 titled ​“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“Order”). The Order broadly aims to eliminate diversity, equity, and inclusion (“DEI”) policies… more

Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders, False Claims Act (FCA)

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Insurance Recovery for the Supply Chain Crunch

As the world economy continues its rapid but unpredictable rebound from the COVID-19 pandemic, record shortages and shipping delays due to global supply chain issues have become commonplace. If your business has experienced… more

Business Interruption, Coronavirus/COVID-19, Insurance Industry, Supply Chain

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No Pain, No Grain: Golden Grain Company’s Slack Fill Victory

In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline… more

Class Action, Food Manufacturers, Product Packaging, Slack-Fill Suits

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What’s in the Newly Enacted One Big Beautiful Bill Act

On July 4, 2025, President Trump signed into law the ​“One Big Beautiful Bill Act” (the ​“2025 Act”). The Act makes permanent some provisions originally enacted in 2017 as part of the Tax Cuts and Jobs Act (the ​“2017 Act”),… more

Business Income, Business Taxes, Charitable Donations, Corporate Taxes, Estate Tax

See all updates »

White House Terminates Most Syria Sanctions

On June 30, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) implemented the President’s Executive Order ​“Providing for the Revocation of Syria Sanctions,” (Syria EO) which removes U.S. sanctions on… more

Biden Administration, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Economic Sanctions, Executive Orders

See all updates »

Second Circuit Urges District Court to Require Brooklyn Prison to Provide Defense Attorneys with Remote Access to Inmates During The COVID-19 Pandemic

On March 20, 2020, the Second Circuit granted the Federal Defenders of New York, Inc. (“Federal Defenders”) a second shot at their suit against the Federal Bureau of Prisons (“BOP”) concerning the lawfulness of the BOP’s… more

Coronavirus/COVID-19, Federal Rules of Criminal Procedure, Prisoners, Telecommunications

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NAD Considers Material Connection Disclosures on LinkedIn

Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD… more

Advertising, Clinical Laboratory Testing, Comparative Advertising, Disclosure Requirements, Endorsements

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EPA Announces Final Rule Designating Two PFAS as ​“Hazardous Substances” under CERCLA

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms of… more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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New Tariff Actions Announced Back-to-Back from the White House: Copper 232, Brazil Tariffs, and De Minimis

On July 30, the White House issued three executive orders in another flurry of changes to the tariff landscape. As a result of the executive orders, certain copper products and products of Brazil will be subject to 50 percent… more

Customs and Border Protection, Economic Sanctions, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

The Future of NEPA: Supreme Court Resets the Rules

On June 11, the Supreme Court issued a major decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that could reshape how infrastructure projects are reviewed, approved, and challenged under the National… more

Administrative Procedure Act, Energy Projects, Environmental Impact Statements, Environmental Litigation, Infrastructure

See all updates »

New York Employers Must Take Action to Secure Insurance Coverage for the Coming Wave of Sexual Abuse Claims Under the Adult Survivors Act

On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against responsible… more

Child Abuse, Crime Victims, Insurance Industry, Sexual Abuse, Statute of Limitations

See all updates »

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that, in… more

Civil Rights Act, Department of Justice (DOJ), Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders

See all updates »

Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to include… more

Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB

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In an En Banc Decision, the Fourth Circuit Clarifies the Appealability of Dismissals Without Prejudice - Britt v. DeJoy

In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is… more

Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation, Retaliation

See all updates »

“Junk Fee” Legislative Roundup

For the past several years, state AGs have been ​“checked-in” when it comes to hidden hotel and resort fees. (Revisit our round-up of AG actions against those fees here). To date, these enforcers have largely relied on their… more

Fees, Hidden Fees, State and Local Government, State Legislatures, Unfair or Deceptive Trade Practices

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“Vanilla Vigilante” Spencer Sheehan Grounded After Targeting Starbucks

Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or… more

Class Action, Food Manufacturers, Product Labels, Starbucks

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Recapping The Last Ten Days In Trade and Tariffs

In the past 10 days, we’ve seen multiple Executive Orders issued from the Trump Administration related to international trade and tariffs. We’ve issued multiple Client Advisories related to these actions and offer this recap to… more

Canada, China, Executive Orders, Imports, Mexico

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Videoconferencing and Potential Security, Confidentiality and Discovery Issues

With most employees working remotely amidst the COVID-19 pandemic, the use of videoconferencing platforms like Zoom, Microsoft Teams, Skype, WebEx, GoTo, Ring, and BlueJeans in everyday business has risen dramatically. Unlike a… more

Coronavirus/COVID-19, Cybersecurity, Discovery, Electronically Stored Information, FRCP 37(e)

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New Tariff Actions Announced Back-to-Back from the White House: Copper 232, Brazil Tariffs, and De Minimis

On July 30, the White House issued three executive orders in another flurry of changes to the tariff landscape. As a result of the executive orders, certain copper products and products of Brazil will be subject to 50 percent… more

Customs and Border Protection, Economic Sanctions, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

Significant Expansion of $600 Billion Main Street Loan Programs for Small- and Medium-Sized Businesses

On April 30, 2020, the Federal Reserve (the Fed) announced the expansion in scope and eligibility of its forthcoming Main Street Lending Program (MSLP). The expansion comes in response to public comment on the MSLP as initially… more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility

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New EPA Enforcement and Compliance Assistant Administrator Expected to Advance Environmental Justice Enforcement Efforts

On July 20, 2023, the U.S. Senate confirmed the long-awaited appointment of David Uhlmann as the new Assistant Administrator of the Environmental Protection Agency’s (“EPA”) Enforcement and Compliance Division. Mr. Uhlmann… more

Department of Justice (DOJ), Environmental Crimes, Environmental Justice, Environmental Protection Agency (EPA)

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AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that, in… more

Civil Rights Act, Department of Justice (DOJ), Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders

See all updates »

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by regulators… more

California, Chemicals, Consumer Product Companies, Corporate Counsel, Enforcement

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The Bulk Data Access Rule: What Advertisers Need to Know

On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it ​“will not prioritize civil enforcement actions against any person for violations” of the Rule through July… more

Advertising, Compliance, Data Brokers, Data Privacy, Department of Justice (DOJ)

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Nasdaq Amends Minimum Bid Price Rule to Prevent Companies from Resetting the Compliance Period for Subsequent Listing Failures

On October 7, 2024, the Securities and Exchange Commission (the SEC) approved an amendment (the Amendment) to the rules governing The Nasdaq Stock Market (Nasdaq) minimum bid price requirement. The changes resulting from the… more

Bids, Nasdaq, Proposed Amendments, Publicly-Traded Companies, Reverse Stock Splits

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Auto-Renewal Laws: 2025 Round Up

Businesses offering subscriptions or other ongoing services continue to face a growing, and increasingly complex, patchwork of state auto-renewal laws (ARLs). 2025 brings a fresh wave of developments across the states. In… more

Consent, Consumer Protection Laws, Disclosure Requirements, New Legislation, Notice Requirements

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Subchapter V Changed The Chapter 11 Bankruptcy Landscape – How Should A Creditor Protect Itself?

Subchapter V was intended to be the faster, easier, and cheaper version of Chapter 11 bankruptcy, allowing small “Main Street” businesses to reorganize like mid-size and large companies. After participating in Subchapter V… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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EPA Proposes First National Drinking Water Standard for PFAS

The United States Environmental Protection Agency (EPA) today released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant to the federal Safe Drinking Water Act (SDWA)—a key… more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

United States and India Announce Agreement Resolving Certain Trade Disputes

On June 22, 2023, shortly before the start of President Biden’s state dinner at the White House in honor of Indian Prime Minister Modi’s visit to Washington, U.S. Trade Representative Katherine Tai announced an agreement to… more

International Trade Disputes, Trade Relations, WTO

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White House Imposes Additional 25% Tariffs on Indian Goods

Wednesday morning, the White House declared a new national emergency on products of countries that are ​“directly or indirectly” importing crude oil and petroleum products from the Russian Federation. The executive order… more

Crude Oil, Economic Sanctions, Energy Sector, Executive Orders, Imports

See all updates »

MAHA Movement Continues to Invite Significant Change for Food Regulation at Federal and State Levels

Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has… more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Safety

See all updates »

EU Imposes Seventh Round of Sanctions: Ban on Russian Gold; New Asset Freezes; Expansion of Existing Measures

Last week, the European Union imposed its seventh round of sanctions on Russia, imposing a range of new restrictive measures. The new sanctions include a ban on dealings in Russian-origin gold, updates to existing sanctions to… more

Asset Freeze, Economic Sanctions, EU, Russia

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FinCEN Exempts Domestic Reporting Companies and Persons from CTA Reporting Requirements

On March 26, 2025, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an interim final rule which narrows the scope of existing beneficial ownership reporting requirements under the Corporate… more

Beneficial Owner, Business Ownership, Comment Period, Corporate Transparency Act, Financial Crimes

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Big Government? FTC Advocates for More Authority in Congressional Hearing

Last week, the House Committee on Energy and Commerce held a Committee Hearing on the Oversight of the Federal Trade Commission. All five Commissioners attended and their message was largely the same: the FTC needs additional… more

Administrative Procedure Act, Cybersecurity, Data Privacy, Data Security, Federal Trade Commission (FTC)

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Court of International Trade Finds Tariffs Imposed Pursuant to IEEPA Unlawful

On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic… more

Appeals, Court of International Trade, Executive Orders, International Trade, Jurisdiction

See all updates »

Upcoming Compliance Date: The T+1 Settlement Cycle

The Securities and Exchange Commission (the ​“SEC”) adopted changes to Rule 15c6-1 under the Securities Exchange Act of 1934, as amended on February 15, 2023, to shorten the standard settlement cycle from T+2 to T+1. See 17 CFR… more

Broker-Dealer, Final Rules, Rule 15c6-1(a), Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

“Vanilla Vigilante” Spencer Sheehan Grounded After Targeting Starbucks

Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or… more

Class Action, Food Manufacturers, Product Labels, Starbucks

See all updates »

What’s Next for the Green Guides? Insights from Commissioner Holyoak’s Remarks at CPG

Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the… more

Advertising, Competition, Consumer Protection Laws, Environmental Policies, Environmental Social & Governance (ESG)

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Fragmentation of Privacy Requirements Accelerates as Four States Amend Nascent Laws

On June 25, 2025, Connecticut Governor Ned Lamont signed into law a major amendment to the state’s comprehensive privacy law (CTDPA), just over three years after signing the CTDPA into law on May 10, 2022 and two years after… more

Consent, Consumer Privacy Rights, Data Privacy, Disclosure Requirements, New Amendments

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Commerce Department Publishes Artificial Intelligence “Diffusion” Rulemaking

On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule (IFR) announcing (1) updated controls for advanced computing chips and associated license exceptions;… more

Artificial Intelligence, Bureau of Industry and Security (BIS), Data Centers, Economic Sanctions, Export Controls

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Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is… more

ATDS, Auto-Dialed Calls, Data Storage, Facebook, Facebook Inc v Duguid

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NLRB Leadership in Flux: Chair Gwynne Wilcox’s Unprecedented Firing, a Quorum-Less Board, and Implications for Employers

President Trump wasted no time shaking up the labor and employment law landscape. As anticipated, Trump discharged NLRB General Counsel, Jennifer Abruzzo, a Biden appointee serving a four-year term… more

Equal Employment Opportunity Commission (EEOC), Labor Reform, Labor Relations, NLRA, NLRB

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EPA Announces Drinking Water Standards for Six PFAS

On April 10, 2024, the United States Environmental Protection Agency (“EPA”) announced the first enforceable federal drinking water standards under the Safe Drinking Water Act (“SDWA”) for six per- and polyfluoroalkyl substances… more

CERCLA, Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances

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[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances… more

CERCLA, Clean-Up Costs, Contamination, Continuing Legal Education, Due Diligence

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Nasdaq Amends Minimum Bid Price Rule to Prevent Companies from Resetting the Compliance Period for Subsequent Listing Failures

On October 7, 2024, the Securities and Exchange Commission (the SEC) approved an amendment (the Amendment) to the rules governing The Nasdaq Stock Market (Nasdaq) minimum bid price requirement. The changes resulting from the… more

Bids, Nasdaq, Proposed Amendments, Publicly-Traded Companies, Reverse Stock Splits

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COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. As… more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Landlords

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DNA Diagnostics Center Settles Data Breach with Ohio and Pennsylvania Attorneys General

On February 16, 2023, the Attorneys General of Ohio and Pennsylvania announced a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach which involved 2.1 million residents nationwide, including the… more

Cybersecurity, Data Breach, Data Protection, Data Security, State Attorneys General

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Alaska and Missouri AGs Announce Resignations

Last week, Missouri Attorney General Andrew Bailey announced his resignation from the position effective September 8. He issued a press release reporting that he is leaving to serve as the Co-Deputy Director of the FBI, in… more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Cybersecurity, Data Security

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USF Tracker - November 2020

Looking Ahead to the New Administration - With the election behind us, this month we will preview some of the possible changes Universal Service could see in the Biden administration. First, and most significantly, we will… more

Connect America Fund, FCC, Rural Areas, Telecommunications, Universal Service Fund

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Another Crack in the Agency Armor – Supreme Court Further Expands Judicial Review of Certain Federal Agency Actions

On June 20, 2025, the Supreme Court issued a 6-3 opinion holding that U.S. district courts are not bound to follow a federal agency’s interpretation of a statute even though the Hobbs Administrative Orders Review Act (“Hobbs… more

Appeals, Chevron Deference, Government Agencies, Hobbs Act, Judicial Review

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Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet another… more

Adverse Employment Action, Anti-Discrimination Policies, Corporate Counsel, Discrimination, Diversity and Inclusion Standards (D&I)

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EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24, 2025, but… more

Disparate Impact, EEO-1, Employer Responsibilities, Employment Discrimination, Enforcement Actions

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Supreme Court Reduces Exposure to Successive Class Actions

On Monday, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __, 2018 WL 2767565 (2018), that the equitable tolling doctrine established by its landmark decision, American Pipe v. Utah, does not… more

Appeals, China Agritech Inc v Resh, Class Action, Class Certification, Class Members

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Betting Against DraftKings: A Lesson in Noncompete State Laws

2024 has been the year of noncompete litigation. Since the Federal Trade Commission (FTC) announced its Final Rule in April 2024, seeking to ban noncompetes with limited exceptions, employers have been (rightfully) focused on… more

DraftKings, Employer Liability Issues, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Alaska and Missouri AGs Announce Resignations

Last week, Missouri Attorney General Andrew Bailey announced his resignation from the position effective September 8. He issued a press release reporting that he is leaving to serve as the Co-Deputy Director of the FBI, in… more

Algorithms, Artificial Intelligence, Consumer Protection Laws, Cybersecurity, Data Security

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OCC to Provide a Regulatory Framework for Fintech Companies

On July 31, 2018, the Office of the Comptroller of the Currency (“OCC”) announced that it will begin accepting applications for special-purpose national bank charters from financial technology companies (“fintech”). A successful… more

Banking Sector, Financial Services Industry, FinTech, Fintech Charter, National Bank Charters

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I Hear That Whistle Blowing: New York’s Expanded Whistleblower Law Raises Volume On Employers

New York State lawmakers have done it again – amending an often-forgotten whistleblower statute of limited application into a sweeping new source of employee rights that should make employers listen up and take notice. Almost… more

Employer Liability Issues, State Labor Laws, Whistleblower Protection Policies, Whistleblowers

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Increased Immigration Enforcement: Beware and Prepare for I-9 Audits

On January 20, 2025, on his first day in office, President Trump issued several sweeping executive orders intended to advance his immigration agenda. These measures will undoubtedly lead to an increase in immigration enforcement… more

E-Verify, Employee Rights, Employer Liability Issues, Employment Policies, Enforcement Actions

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TikTok Faces New Challenges from State AGs

No, that is not a clock you hear – it’s just TikTok in the news again, as several states filed lawsuits or other legal challenges last week against the platform, alleging harmful and exploitative tactics affecting the mental… more

Mental Health, Minors, Mobile Apps, Social Media, State Attorneys General

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[Event] Health Insights and Beyond: AdTech Privacy Challenges and Opportunities - May 14th, New York, NY

Join Kelley Drye and the Interactive Advertising Bureau (IAB) for an in-person workshop designed to explore the intersection of health information, adtech, and privacy law, sensitive health information, and advertising… more

Adtech, Advertising, Events, Health Information Technologies, Marketing

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Jury Awards Tea Drinkers $2.36 Million in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually grown… more

California, Class Action, Consumer Protection Laws, Damages, False Advertising

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House Subcommittee Considers Modernizing Financial Services Under a National Privacy Framework

On Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, ​“Framework for the Future: Reviewing Data Privacy in Today’s Financial System.” Hearing testimony… more

Consumer Privacy Rights, Data Privacy, Fair Credit Reporting Act (FCRA), Financial Institutions, Financial Services Industry

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Force Majeure and Contractual Obligations in the Midst of Coronavirus

As COVID-19 (coronavirus) continues to spread globally and governments and companies take efforts to slow and contain the virus, no company is able to continue “business as usual.”… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases, Performance Standards

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FTC Consumer Protection Orders: The Case for a New Sunset Policy

Since 1986, WLF’s Legal Studies Division has served as the preeminent publisher of persuasive, expertly researched, and highly respected legal publications that explore cutting-edge and timely legal issues. These articles do… more

Antitrust Provisions, Consumer Protection Orders, Enforcement Actions, Federal Trade Commission (FTC), Government Agencies

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Second Circuit Split Resolved: No PPP Loans for Debtors in Bankruptcy

In March, the U.S. Court of Appeals for the Second Circuit joined a growing majority of courts with Springfield Hospital, Inc. v. Administrator for the U.S. SBA, holding that no matter how forgiving its terms, a CARES Act’s… more

Bankruptcy Code, CARES Act, Chapter 11, Coronavirus/COVID-19, Debtors

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TCPA FCC Petitions Tracker - February 2022

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation… more

ATDS, Auto-Dialed Calls, Declaratory Rulings, FCC, Popular

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Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to include… more

Consent, Corporate Counsel, Do Not Call List, Marketing, New Legislation

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Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions Remain

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of… more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Republican Commissioners Pump the Brakes in Potential Foreshadowing

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that… more

Advertising, Business Opportunity Laws, Consumer Protection Laws, Disclosure Requirements, Enforcement

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Amendment to Delaware General Corporate Law Expands Personal Liability Protections to Corporate Officers; Updating Corporate Forms

Overview - Delaware General Corporation Law (the “DGCL”), Section 102(b)(7) was revised as of August 1, 2022, to allow Delaware corporations to provide their officers with exculpatory protections for personal monetary damages… more

Breach of Duty, Corporate Officers, Delaware General Corporation Law, Fiduciary Duty, Personal Liability

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Nobody’s Default? Ninth Circuit to Decide Whether Defaults Need to be ‘Material’ Before Landlords Get Adequate Assurance Under the Bankruptcy Code

Section 365 of the Bankruptcy Code allows debtors to “assume” unexpired leases, recommitting themselves and their counterparties to the existing lease terms, subject to approval by the Bankruptcy Court. If there are existing… more

Bankruptcy Code, Counterparties, Debtors, Section 365

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FinCEN Exempts Domestic Reporting Companies and Persons from CTA Reporting Requirements

On March 26, 2025, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an interim final rule which narrows the scope of existing beneficial ownership reporting requirements under the Corporate… more

Beneficial Owner, Business Ownership, Comment Period, Corporate Transparency Act, Financial Crimes

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Clocking in on Los Angeles County’s New Fair Work Week Ordinance

Los Angeles County has joined the ranks of other urban governments, including the City of Los Angeles, that have enacted fair workweek ordinances in attempt to provide workers with more predictable schedules and fairer pay. This… more

California, City of Los Angeles, Employee Rights, Employee Training, Employees

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USPTO Notice of Waiver of Deadlines Under the CARES Act

Pursuant to section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has issued a Notice extending the time to file trademark or patent-related… more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Patents, Relief Measures

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With Uncertainty Surrounding the FTC’s Negative Option Rule, New California Requirements Wait in the Wings

Last Friday, the FTC’s final Negative Option Rule was published in the Federal Register, starting the clock on the effective dates for the agency’s expansive overhaul of requirements related to goods or services sold through any… more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Federal Trade Commission (FTC), Final Rules

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The 2018 Midterms Election Results And Policy Implications

The results of Tuesday's election will bring sweeping changes to Washington, D.C. To help you evaluate these changes and understand their potential implications on your business practices, Kelley Drye's Government Relations &… more

Election Results, Federal Elections, Political Candidates, Political Parties, Popular

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Use of Prospective Exculpatory Agreements Under Maryland & Virginia Law to Mitigate a Business’s Exposure to COVID-19 Premises/Contagion Liability

Our previous client advisory discussed the threat of lawsuits by customers and visitors who claim they contracted COVID-19 as a result of the negligence by stores, office buildings or other facilities failing to protect against… more

Coronavirus/COVID-19, Exculpatory Clauses, Infectious Diseases, Premises Liability

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Beware of Post-Confirmation Bar Dates In Chapter 11 Plans

A recent decision reminds creditors of the harsh consequences of failing to comply with a court imposed deadline for filing claims in a bankruptcy case. The U.S. Court of Appeals for the Third Circuit recently held in Ellis v… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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EPA Opens Door to Electronic Audit Policy Self-Disclosures

Last month, the U.S. Environmental Protection Agency (“EPA”) launched its new eDisclosure Portal for electronic self-disclosures of violations made under the Audit Policy and the Small Business Compliance Policy (collectively,… more

CERCLA, Environmental Protection Agency (EPA), EPCRA, Self-Disclosure Requirements

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Employee Benefit Highlights of the ​“One Big Beautiful Bill Act”

Public Law 119-21, generally referred to as the ​“One Big Beautiful Bill” Act (the ​“Act”) and signed into law on July 4, 2025, includes several employee benefit provisions that employers will want to be aware of. Below is an… more

Dependent Care Assistance Program (DCAP), Employee Benefits, Health Savings Accounts, HSA, Individual Retirement Account (IRA)

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[Webinar] Avoiding Pitfalls and Trolls in Payment Agreements: Understanding How AI, Open Source and Licenses Impact the Payment Industry - July 31st, 12:00 pm - 1:00 pm CDT

Join Kelley Drye for a practical CLE webinar, “Avoiding Pitfalls and Trolls in Payment Agreements: Understanding How AI, Open Source and Licenses Impact the Payment Industry.” This session will help payments attorneys move… more

Artificial Intelligence, Best Practices, Continuing Legal Education, Intellectual Property Protection, Non-Compete Agreements

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Tariffs and Trade Actions: Summing Up the Last Few Days

The tariff news of the last day has been coming at full speed. Whether a small manufacturer or part of a multinational group company; a firm that manages cross-border supply chains on a daily basis or one that rarely thought… more

Agribusiness, Canada, China, Executive Orders, Exports

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Analyzing Commercial Leases in the District of Columbia, Virginia and Maryland in the Face of COVID-19

COVID-19 is having a significant impact on the business operations of both commercial landlords and tenants and their ability to fulfill lease obligations. As a result, many landlords and tenants are reviewing leases to evaluate… more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

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Reminder: Federal Communications Commission – August and September Filings 2025

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. The successor to the Form 477 Local Competition and Broadband Report, the BDC Report… more

Broadband, Comment Period, Compliance, FCC, Filing Deadlines

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The New York Court of Appeals Rejects Attempted Expansion of the Common Interest Exception to the Attorney Client Privilege

Last month, the New York Court of Appeals issued a decision rejecting the attempted expansion of the common interest exception to the attorney-client privilege to include communications that did not involve pending or… more

Attorney-Client Privilege, Bank of America, Common-Interest Privilege, Confidential Communications, Corporate Counsel

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Betting Against DraftKings: A Lesson in Noncompete State Laws

2024 has been the year of noncompete litigation. Since the Federal Trade Commission (FTC) announced its Final Rule in April 2024, seeking to ban noncompetes with limited exceptions, employers have been (rightfully) focused on… more

DraftKings, Employer Liability Issues, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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New Decision Warns Against Reposting Photos on Social Media

Companies get excited when they find pictures of celebrities wearing (or using) their products, and often wonder whether they can post those pictures to their social media accounts. In addition to the right of publicity issues… more

Copyright, Copyright Infringement, Intellectual Property Protection, Photographs, Social Media

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