Author Info for McDermott Will & Schulte

Abdel Abdellah

International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by… more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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Stephen Aber

California’s mandatory climate risk disclosure is almost here: Is your company ready?

US public companies put aside their attention on new climate-related disclosure rules adopted in 2024 by the US Securities and Exchange Commission (SEC) because of ongoing litigation challenging these rules and recent changes in… more

California, CARB, Climate Change, Corporate Counsel, Disclosure Requirements

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Arvin Abraham

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Fred Ackerson

What to know about Illinois’s 2025 amnesty programs

On May 31, 2025, the Illinois General Assembly passed House Bill 2755, which contains three amnesty programs the state estimates will substantially increase its coffers. Illinois Governor JB Pritzker signed the bill into law on… more

Audits, Filing Deadlines, Franchise Taxes, Government Agencies, Legislative Agendas

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Amber Adair

Update on NAIC’s Consideration of AI Model Law for Insurers

On May 12, 2025, the National Association of Insurance Commissioners’ (NAIC) Big Data and Artificial Intelligence (H) Working Group released a Request for Information (RFI), signaling that it may draft a model law to regulate… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Big Data, Insurance Industry

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Matthieu Adam

Bulletin Concurrence XII - Paris │Avril ● Mai ● Juin ● Juillet ● Aout 2024

1. CONTENTIEUX - NOUVEAU RISQUE DE REMISE EN CAUSE À POSTERIORI D’OPÉRATIONS NON NOTIFIABLES - Par une décision du 2 mai 2024, l’Autorité de la concurrence (ci-après l’ « Autorité ») a fait pour la première fois… more

Acquisitions, Competition, Competition Authorities, EU, France

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Hélène Adda

EU and UK Data Sharing: UK Adequacy Decision

On February 19 2021, the European Union Commission issued its draft adequacy decision for data flows between the European Union (EU) and United Kingdom (UK). Whilst widely expected, this draft decision will provide some… more

Adequacy Requirement, Data Controller, Data Protection, Data-Sharing, EU

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Saniya Ahmed

California Legislature Reaches Compromise on PAGA

In a last-minute deal to avoid another controversial ballot initiative, the California legislature finalized and passed a compromise to reform the Private Attorneys General Act (PAGA), encompassing the most significant changes… more

California, Class Action, Employees, Employer Liability Issues, Employment Litigation

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Arielle Ahrendts

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July… more

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

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Justin Aiello

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and the… more

Ambulatory Surgery Centers, Artificial Intelligence, Business Development, Business Opportunities, Continuing Legal Education

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Simon Airey

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

The enforcement environments in the US and UK are evolving at rapid pace. In the US, the Criminal Division of the Department of Justice (DOJ) issued a new White-Collar Enforcement Plan and several revised policy documents on 12… more

Anti-Corruption, Bribery, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Priorities

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Nicholas Alarif

Healthcare Regulatory Check-Up Newsletter | April 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2025, including Centers for Medicare & Medicaid Services (CMS) updates to Medicare Advantage (MA) and other Medicare programs… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Durable Medical Equipment, Enforcement Actions

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Theodore Alexander

McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and… more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Ashley Altschuler

[Webinar] Preparing for Litigation Resulting from a COVID-Related Busted Deal - May 8th, 12:00 pm - 1:00 pm EST

Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the… more

Acquisitions, Best Practices, Contract Disputes, Contract Negotiations, Contract Termination

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Francisco Alvarez

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Elizabeth Amanieh

Market Update: Investments in Healthcare Education on the Rise

Partners Julia Boyd, Marshall Jackson, Jr., and Gregory Metz explored the increasing investment activity at the intersection of education and healthcare during a recent panel that featured Dina Said Dwyer, founder of Eden… more

Digital Health, Healthcare, Investment, Investment Management, Investors

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Keval Amin

Dim damages methods can doom bright ideas

In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded… more

Anticipation, Appeals, CAFC, Damages, Daubert Standards

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Joseph Aminov

Special Report - Peering Into the Crystal Ball: Crypto Enforcement in a Second Trump Term

In November 2021, at the height of cryptocurrency’s “bull run,” the market capitalization for crypto reached a record of nearly $3 trillion. Just a year later, and shortly after FTX petitioned for Chapter 11 bankruptcy… more

Corporate Counsel, Cryptocurrency, Enforcement, Enforcement Priorities, Government Agencies

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Dr. Thomas Ammermann

Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen… more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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Alex Y.G. An

McDermott International Legal Highlights - October 2018 - Japanese Version

How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the… more

Attorney's Fees, China, En Banc Review, EU, Falsified Documents

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Nitya Anand

Holy Pulmonary Hypertension, Batman: Method of Treatment Not Constrained by Safety and Efficacy

The US Court of Appeals for the Federal Circuit affirmed a district court’s holding that the asserted method of treatment patent was valid and infringed because safety and efficacy are not patent concerns. The Federal Circuit… more

Anticipation, Appeals, Enablement Inquiries, Patent Infringement, Patent Invalidity

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Julian André

DOJ Unveils New Plan for White-Collar Crime and Corporate Enforcement

The US Department of Justice’s (DOJ’s) current approach to corporate criminal enforcement has come into focus with the issuance of a new White-Collar Enforcement Plan and several revised policy documents. The changes, which… more

Corporate Crimes, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions

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Grégoire Andrieux

Investment Opportunities in 2024

In November, McDermott Will & Emery was pleased to host our annual European Health & Life Sciences Symposium in Paris. Welcoming a large crowd of healthcare professionals, investors and dealmakers for a programme of insightful… more

Algorithms, Artificial Intelligence, Big Data, EU, Health Information Technologies

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Alexander Andronikou

International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to… more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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Angela Theodoropoulos

Trending in Telehealth: November 26 – December 10, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the… more

Healthcare, Insurance Industry, Legislative Agendas, Mental Health, Pharmaceutical Industry

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Luca Angelini

Special Report - Collective Investment Schemes & EU Holding Companies: A Multijurisdictional Analysis in Light of the CJEU Danish Cases

On 26 February 2019, the Court of Justice of the European Union (CJEU) issued long-awaited judgments in a group of cases concerning the Danish government withholding tax on dividends and interest paid by Danish companies to… more

Anti-Abuse Rule, Beneficial Owner, Collective Investment Schemes, Court of Justice of the European Union (CJEU), EU

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Todd Angkatavanich

[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We… more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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Dr. Fabian Appadoo

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Amber Arnold

Clarity for Rural Emergency Hospitals and Changes for Critical Access Hospitals: CMS Finalizes Conditions of Participation and Payment and Enrollment Policies But Pauses Stark Law Flexibilities

Rural emergency hospitals (REHs) are a new provider type that will allow Medicare to pay for emergency department and other outpatient hospital services in rural areas beginning on January 1, 2023, without requiring the facility… more

Centers for Medicare & Medicaid Services (CMS), Emergency Rooms, Final Rules, Health Care Providers, Hospitals

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Jennifer Aronoff

McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and… more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Pilar Arzuaga

AI meets real estate – Balancing innovation and compliance in the EU, UK, and US

Artificial Intelligence (AI) is taking the global commercial real estate market by storm. It is accelerating processes, driving down costs, and enhancing efficiency across a range of functions. In the EU, AI optimizes… more

Artificial Intelligence, Commercial Real Estate Market, Data Privacy, EU, General Data Protection Regulation (GDPR)

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Katya Ascher

Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used… more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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Monica Asher

COVID Recovery in the Courts: What to Expect as Courts Adapt to the New Normal

The world’s courts and judicial systems are reacting to the outbreak of the novel coronavirus (COVID-19) in broadly different ways, presenting litigants with a range of conflicting situations and advice. In some jurisdictions,… more

Coronavirus/COVID-19, Court Closures, England, EU, Judicial System

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Samuel Ashworth

ICOs Should Tread Carefully on Social Media

In two recent enforcement actions, the SEC looked past formal offering documents and cited statements made on Reddit, YouTube and other social media to determine that the AirFox and Paragon ICOs were unregistered sales of… more

Blockchain, Capital Markets, FinTech, Initial Coin Offering (ICOs), Popular

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Eleanor Atkins

No Green Light to Register Color Mark for Medical Gloves

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,… more

Acquired Distinctiveness, Appeals, CAFC, Color Marks, Generic Marks

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Evelyn (Evie) Atwater

CMS Updates SNF Attachment Guidance Ahead of May 1 Enrollment Deadline

Skilled nursing facilities (SNFs) historically have been required to disclose ownership and managerial control information as part of their Medicare enrollment. However, these requirements were significantly expanded to require… more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Filing Deadlines, Health Care Providers, Healthcare

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Diego Avolio

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Laurent Ayache

Conseil d’Etat Delivers Long-Awaited Clarity on Regulation of Veterinary Clinics

In a noteworthy (and long-awaited) set of case laws issued on July 10 2023, the Conseil d’Etat delivered four rulings on the shareholding and governance rules applicable to veterinary companies (Nos. 442911 and 452448), and on… more

Animal Health, Corporate Governance, France, Investment Management, Regulatory Requirements

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Nicholas Azis

International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will… more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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Darren Azman

Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Promptly, quickly and orderly are the three watchwords when it comes to restructurings. Efficient tools for out-of-court restructuring are instrumental in preserving value. Darren Azman, Dr. Uwe Goetker and Ravi Vohra explore… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors

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Theresa Babendreier

AI and the Law: Emerging Trends in Enforcement

Deemed the Fourth Industrial Revolution, artificial intelligence (AI) has emerged as the newest watershed technological development of the 21st century, as evidenced by its near ubiquity in discussions of everything from how the… more

Artificial Intelligence, Enforcement Actions, Federal Trade Commission (FTC), Innovative Technology, Legislative Agendas

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Laurie Baddon

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Mackenzie Badger

Healthcare Regulatory Check-up Newsletter | November 2022 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between October 21 and November 18, 2022, including recent enforcement activity, new litigation associated with the Office of… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Prosecution, Department of Health and Human Services (HHS), Enforcement Actions

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Saba Bajwa

Colorado Advances Privacy Act Regulations

On December 5, 2024, the Colorado Department of Law (Department) adopted an amended draft of its latest proposed Colorado Privacy Act (CPA) regulations. This set of amended regulations follows a public comment period that… more

Colorado, Comment Period, Consumer Privacy Rights, Data Protection, Data Security

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David Baker

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they… more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Michael Baldwin

Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the… more

Appeals, Attorney's Fees, De Novo Standard of Review, Dismissals, Lanham Act

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Reuben Bank

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amended Complaints, Amicus Briefs, Breach of Contract, Business Litigation, Case Consolidation

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Ibrahim Barakat

HPE Miami 2023 | Preparing Your Company for a Transaction

The first session of HPE Miami 2023 put a spotlight on key considerations for founders as they navigate the pre-transaction process… more

Buyers, Corporate Sales Transactions, Due Diligence, Healthcare, Investment Adviser

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Giovanni Barbagelata

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Rosa Barcelo

Europe’s Cybersecurity Puzzle: NIS2 Progress in 30 Pieces

As cybersecurity rises to the top of the corporate agenda, businesses face growing pressure to comply with the EU’s evolving regulatory landscape. Whether your company falls directly under EU cybersecurity laws or is indirectly… more

Audits, Compliance, Cybersecurity, Digital Operational Resilience Act (DORA), Enforcement

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Nathan Barnett

Corporate Transparency Act Penalties Suspended; New Rulemaking Proposed

On March 2, 2025, and February 27, 2025, the US Department of the Treasury (Treasury) and the Financial Crimes Enforcement Network (FinCEN), a bureau of the Treasury, made significant announcements regarding the Beneficial… more

Beneficial Owner, Corporate Transparency Act, FinCEN, New Rules, Penalties

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Kathryn Barragan

SEC Settlements Signal Increased Scrutiny of Cybersecurity Disclosures

On October 22, 2024, the US Securities and Exchange Commission (SEC, or Commission) brought settled actions against four publicly traded companies that were downstream victims of the Russia-linked cyberattack on SolarWinds known… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Enforcement Actions, Malware

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Robert Barton

Key Takeaways | Don’t Be Privileged When Asserting Privilege

This session of the Private Client West Coast Forum 2024 identified common types of privilege, highlighting potential pitfalls to avoid and tools to protect a client’s privileged information. Types of privilege include… more

Attorney-Client Privilege, Internal Revenue Code (IRC), IRS, Tax Practitioner Privilege

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Tyler Barton

Bye-bye, bright dyes: Strategies for responding to FDA’s synthetic food dye phase-out

On April 22, 2025, the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS) announced a plan to phase out petroleum-based synthetic dyes from the US food supply by the end of 2026,… more

Consumer Protection Laws, Department of Health and Human Services (HHS), Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling

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Leigh-Alexandra Basha

Congress Passes the Corporate Transparency Act with Veto-Proof Majority

On December 11, 2020, and by a veto-proof majority, the US Senate joined the House of Representatives in passing the National Defense Authorization Act for Fiscal Year 2021, which includes the Corporate Transparency Act (the… more

Anti-Money Laundering, Compliance, Corporate Governance, FinCEN, Money Laundering

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Jacob Bass

Interference Analysis Is a Two-Way Street

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred under… more

Appeals, Intellectual Property Protection, Interference Claims, Patent Invalidity, Patent Litigation

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Richard Bass

Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current… more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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Ranajoy Basu

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

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Gabriella Batista

FinCEN Seeks Guidance on Applying CTA Reporting Obligations to Trusts and Estates

The Corporate Transparency Act (CTA), which requires corporations, limited liability companies and other similar entities to disclose beneficial ownership information to the US Department of the Treasury’s Financial Crimes… more

Beneficial Owner, Beneficiaries, Comment Period, Corporate Transparency Act, FinCEN

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Catherine Battin

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Brennen Baylor

Legal Lens on the Unified Patent Court | August 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court… more

EU, France, Germany, Innovation Patent, Intellectual Property Litigation

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David Beach

Trump, Court Actions Curtail Union Involvement in Federal Contracts

Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use… more

Biden Administration, Collective Bargaining, Court of Federal Claims, Employer Liability Issues, Executive Orders

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Carole Becker

Healthcare Regulatory Check-Up Newsletter | September 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for September 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Liability Issues, False Claims Act (FCA)

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Edouard Becker

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market volatility… more

Appeals, Bonds, Collaboration, Copyright Ownership, Coronavirus/COVID-19

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Theodore Becker

Trump Places DOL’s ESOP Proposals in Regulatory Moratorium

On January 16, 2025, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released two pieces of guidance that, if finalized, would dramatically change the landscape for fiduciaries responsible for… more

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

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Thomas Beisken

Langfristige Gewerberaummietverträge – ein Labyrinth aus Formvorschriften

Was unterscheidet gesetzliche und gewillkürte Schriftform, elektronische Form, Textform und telekommunikative Übermittlung? Das gesetzliche Schriftformerfordernis für langfristige Gewerberaummietverträge wird von vielen… more

Commercial Leases, Electronic Communications, Germany, Landlords, Regulatory Agenda

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Yelena Bekker

Montana Pump Fakes a Requirement for Money Transmitters

Against a backdrop of near-daily enforcement actions and constant regulatory changes, Montana inched into the fray by publishing a letter calling on money transmitters to make a submission to the Montana Department of Banking of… more

Banking Sector, Crypto Exchanges, Cryptocurrency, Financial Institutions, Money Transmitter

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Daniel Bell

Corporate Transparency Act Penalties Suspended; New Rulemaking Proposed

On March 2, 2025, and February 27, 2025, the US Department of the Treasury (Treasury) and the Financial Crimes Enforcement Network (FinCEN), a bureau of the Treasury, made significant announcements regarding the Beneficial… more

Beneficial Owner, Corporate Transparency Act, FinCEN, New Rules, Penalties

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Evan Belosa

Impact of the CARES Act on Executive Compensation

The CARES Act restricts how much executive compensation can be paid by employers that avail themselves of loans and loan guarantees from the US Treasury’s Exchange Stabilization Fund under Title IV of the CARES Act. Employers… more

CARES Act, Coronavirus/COVID-19, Executive Compensation, Federal Loans, Financial Stimulus

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Jodi Benassi

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to… more

Abuse of Discretion, Appellate Courts, Defend Trade Secrets Act (DTSA), Discovery, Discovery Disputes

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John Bender

Requirement for Enhanced Share Repurchase Disclosures in Periodic Reports Delayed

On November 22, 2023, the US Securities and Exchange Commission (SEC) issued an order postponing the effective date for the new share Repurchase Rule (88 Fed. Reg. 36002 (June 1, 2023)) pending further SEC action. The SEC’s… more

Corporate Governance, Form 10-K, Proposed Rules, Publicly-Traded Companies, Repurchases

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Myriem Bennani

Trump Places DOL’s ESOP Proposals in Regulatory Moratorium

On January 16, 2025, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released two pieces of guidance that, if finalized, would dramatically change the landscape for fiduciaries responsible for… more

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

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George Benson

NWSL Creates New Private Equity Fund Policy but Stops Short of Allowing Sovereign Wealth Funds

With the 2024 season set to begin for the National Women’s Soccer League (NWSL), the league and its fans have much to be excited about. From new television partnerships and revamped jerseys for each of its teams to three new… more

Business Ownership, Investment, Investors, Private Equity, Private Equity Funds

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Amy Bentsen (Boring)

DOJ Makes Key Revisions to Corporate Compliance Program Guidance

On September 23, 2024, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance (ECCP). Changes to the ECCP build on themes that the DOJ has been emphasizing for some time, including… more

Artificial Intelligence, Compliance, Corporate Counsel, Department of Justice (DOJ), Employee Training

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Dr. Claudia Benz

Neufassung der AIFM- und UCITS- Richtlinien

Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen… more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, EU, European Commission

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Michal Berkner

Dual Track Reboot: Five Key Considerations for Supercharging Your Life Science Company Exit

There have been 44 initial public offerings (IPOs) listed on the US stock markets in 2024 thus far, many of which continue to trade at a premium to their initial offering price, demonstrating the strength and buoyancy of current… more

Acquisitions, Capital Markets, Disclosure Requirements, Dual Track Process, Initial Public Offering (IPO)

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Allison Scher Bernbach

SEC charges PE firm for alleged disclosure failures related to fee offsets

On August 15, 2025, the US Securities and Exchange Commission (SEC) charged a New York-based private equity adviser (the Firm) with breaching its fiduciary duties by failing to adequately disclose its practices regarding the… more

Conflicts of Interest, Disclosure Requirements, Enforcement Actions, Fee Disclosure, Fiduciary Duty

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Scott Bernstein

International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and… more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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Stephen Bernstein

Food as Medicine: A Deep Dive Into Reimbursement

The topic of “food as medicine” has gained increased attention recently, driven by a growing recognition of the role nutrition plays in preventing and managing chronic diseases. This article provides a high-level overview of the… more

Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Government Agencies, Health Insurance, Medicaid

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Giacomo Bertolissi

Growing Interest in Utilising Equity Commitment Letters in the Context of Sponsor Margin Loans

Equity Commitment Letters (ECL) are legal documents pursuant to which one party (typically the main fund or multiple funds managed by the sponsor) (the ECL Provider) commits to providing a certain amount of capital, usually… more

Capital Markets, Collateral, Commitment Letter, Creditors, Financial Services Industry

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Dr. Anja Bertrand

Annual EU Competition Review 2018

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU rendered… more

Antitrust Litigation, Antitrust Provisions, Cartels, Competition, Competition Authorities

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Andrea Best

NAIC Summer National Meeting: Financial Condition (E) Committee advances formation of new Reciprocal Exchanges (E) Working Group and proposal to amend Holding Company Model Act

Earlier this year, noting “the recent increase in the number of reciprocal exchanges being formed and challenges in assessing the fairness and reasonableness of attorney-in-fact fees being charged to the newly formed… more

Corporate Governance, Fee Caps, Fees, Holding Companies, Insurance Industry

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Ariel Beverly

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed from… more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Continuing Legal Education, Coronavirus/COVID-19

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Alden Bianchi

OBBBA’s impact on employee benefit plans, programs, and arrangements

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. This sweeping tax and spending package affects large swaths of the US economy. Though reduced significantly from the original House version… more

Child Care, Coronavirus/COVID-19, Dependent Care, Employee Benefits, Employer Liability Issues

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Max Biedermann

International Legal Highlights - December 2021

CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER - The Challenge: In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank… more

Bitcoin, Chapter 11, Clean Energy, Competition, Corporate Crimes

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Dr. Björn Biehl

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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David Birchall

Brexit Update: What’s Next for the Global Marketplace

In Depth - UK Withdrawal Process - The United Kingdom will continue to be an EU member until procedures are completed for exiting the European Union, which is likely to be a long process. Under EU Treaty rules, the… more

Alternative Investment Fund Managers Directive (AIFMD), BEPS, Counterparties, Energy Sector, EU

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Michael Blane

SEC Cracks Down on NFTs With First-Of-Its-Kind Enforcement Action

On August 28, 2023, the US Securities and Exchange Commission (SEC) announced an enforcement action against Impact Theory, LLC, alleging that Impact Theory’s public sale of approximately $30 million in crypto assets violated… more

Civil Monetary Penalty, Cryptoassets, Cryptocurrency, Enforcement Actions, Howey

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Matthew Blaney

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with… more

AFR, Energy Tax Incentives, Executive Orders, Interest Rates, Internal Revenue Code (IRC)

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Giorgio Bobba

Bank of Italy Proposes Amendment to Regulation on Collective Asset Management

On Thursday 30th July 2020, the Bank of Italy released a consultation paper containing some proposed amendments to the Regulation on Collective Asset Management. It is worth noting that the Bank of Italy is proposing to… more

AIFs, Alternative Investment Fund Managers Directive (AIFMD), Alternative Investment Funds, Asset Management, Bank of Italy

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Lorraine Maisnier-Boché

What ICO guidance on anonymisation means for health and life sciences companies

What new guidance on anonymisation from the UK Information Commissioner’s Office (ICO) means for healthcare and life sciences companies… more

Anonymization, Data Privacy, Data Protection, General Data Protection Regulation (GDPR), Healthcare

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Dr. Carsten Böhm

Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen… more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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Wilber Boies

How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat

Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference to… more

Benefit Plan Sponsors, Chevron Deference, Department of Health and Human Services (HHS), Department of Labor (DOL), Employees

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Deanna Boll

Eleventh Circuit sides with Fourth, Fifth Circuits on bankruptcy discharge exception split

Addressing a split among bankruptcy courts in their interpretation of whether a corporate debtor, like an individual debtor, is subject to the exceptions to discharge outlined in 11 U.S.C. § 523(a) when confirming a… more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Barrick Bollman

Illinois Mandates Pay and Benefits Information for Job Postings

Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take… more

Employer Liability Issues, Enforcement Actions, Equal Pay, Equal Pay Act, Illinois

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Emilia Bonine

European Commission Fines Teva €462.6 Million for Misusing Divisional patents and Disparaging Generic Competitors in the Copaxone Market

On October 31, 2024, the European Commission (the Commission) delivered its long-awaited decision in the Teva Copaxone case (which was published on April 8, 2025). Teva, a global pharmaceutical company, was fined EUR 462.6… more

Abuse of Dominance, Antitrust Violations, Drug Pricing, EU, European Commission

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Sebastian Bonk

Update 3.0: Future Financing Act – Focus on Employee Participation

With the start of the new year on January 1, 2024, the majority of the Future Financing Act (“ZuFinG”) – highly anticipated by the German start-up scene in particular —came into force. One of the ZuFinG’’s legislative… more

Employees, Employer Liability Issues, EU, Germany, International Labor Laws

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Sebastien Bonneau

Post Expo Real and the UK Budget – UK Real Estate to Survive or Thrive in 2025?

Having taken time to reflect on the mood and sentiment at Expo Real 2024 among clients, contacts, and European real estate partners at McDermott, the general outlook within the Messe could be best described as one of cautious… more

Budgets, Buyers, Investors, Real Estate Development, Real Estate Investments

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Purnima Boominathan

Georgia Bills Target AI in Healthcare

Within the last year, many states have presented or passed bills regulating artificial intelligence (AI), and Georgia is no exception. Georgia has drafted two pieces of legislation focused on the intersection of healthcare… more

Artificial Intelligence, Automated Decision Systems (ADS), Georgia, Health Care Providers, Health Insurance

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Claire Boosz

Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used… more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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Scott Bowman

[Webinar] Your Questions Answered: Everything You Want to Know About Qualified Small Business Stock - June 21st, 1:00 pm EDT

The exclusion for gain on qualified small business stock (QSBS) under Section 1202 has garnered increasing attention in recent years. With little administrative guidance from the Internal Revenue Service, investors and owners of… more

Continuing Legal Education, Estate Tax, Gift Tax, Income Taxes, IRS

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Julia Boyd

Market Update: Investments in Healthcare Education on the Rise

Partners Julia Boyd, Marshall Jackson, Jr., and Gregory Metz explored the increasing investment activity at the intersection of education and healthcare during a recent panel that featured Dina Said Dwyer, founder of Eden… more

Digital Health, Healthcare, Investment, Investment Management, Investors

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Michael Boykins

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Christopher Braham

Understanding and Navigating Compliance with NIH Grant DEI Policies

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the NIH,… more

Anti-Discrimination Policies, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders

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Dr. Pierre-André Brandt

Erbbaurecht kompakt I McDermott stellt Ihnen die wesentlichen Themen und Regelungen sowie die aktuelle Rechtsprechung vor

Das Erbbaurecht spielt in der Praxis der Immobilienwirtschaft eine bedeutende Rolle. Für Immobilieninvestoren, Projektentwickler sowie für die öffentliche Hand wird es daher immer entscheidender sich mit dem Inhalt, der… more

Germany, Investors, Land Registries, Leaseholds, Property Owners

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Dana Breitman

Nothing Lost in Translation: Book’s Spanish Version Isn’t Different Creative Work

In a precedential opinion, the Trademark Trial & Appeal Board of the US Patent & Trademark Office upheld an examiner’s refusal to register a trademark on the ground that the proposed mark was the title of a single creative work… more

Copyright, Patent Trial and Appeal Board, Trademark Application, Trademark Litigation, Trademark Trial and Appeal Board

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Sarah Bro

Stylish but Generic: ‘VETEMENTS’ Can’t Dress Up as Trademark

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the doctrine… more

Appeals, Appellate Courts, Generic Marks, Lanham Act, Trademark Infringement

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Rosalyn Broad

Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost… more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

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Bernadette Broccolo

Key Takeaways | Hospital and Health System Digital Health Spotlight: It’s all About the Patient!

During this session, leaders from health systems and digital health technology companies explored how they are leveraging their prowess to develop cutting-edge strategies to deliver accessible, easy to use and secure digital… more

Digital Health, Health Care Providers, Healthcare, Hospitals, Patients

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Ann Marie Brodarick

HPE Miami 2023 | Buyer Beware: The Importance of Due Diligence in Healthcare Transactions

In this session, McDermott partners Matt Friendly and Ann Marie Brodarick moderated a panel discussion highlighting current considerations for buyers conducting legal and financial due diligence in healthcare M&A… more

Acquisitions, Buyers, Due Diligence, Healthcare, Healthcare Fraud

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Laurence Bronska

Insights for Driving Value Through Operational Performance of Private Equity Investments

The 13th annual Beecken Petty O’Keefe & Company Private Equity Conference took place on Friday, February 21st. McDermott, a lead sponsor of the event, hosted a panel of leading, mid-market private equity (PE) funds to discuss… more

Private Equity Funds

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Kevin Brophy

Key Takeaways | The Latest Merger Control Developments under the Biden Administration

The Biden administration has placed an emphasis on antitrust enforcement that will create meaningful implications for future transactions, as well as those already consummated. In this webinar, hosted by McDermott Will & Emery… more

Antitrust Division, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Energy Sector

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Royce Brosseau

Washington State Enacts Merger Review Regime

Washington is the first state to enact the Uniform Antitrust Premerger Notification Act, which requires merging parties that submit a federal filing under the Hart-Scott-Rodino (HSR) Act (15 U.S.C. Sec. 18(a)) to also submit the… more

Acquisitions, Antitrust Provisions, Filing Requirements, Mergers, New Legislation

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Christopher Bruno

Hatch-Waxman or Not, Clinical Trials Aren’t Subject to Injunction

Analyzing the permissible scope of an injunction under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit reversed the district court’s prohibitions on an open-label extension (OLE) of a then-running clinical… more

Appeals, Clinical Trials, Food and Drug Administration (FDA), Hatch-Waxman, Injunctive Relief

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Michael Bruno

Corporate taxpayers: Key One Big Beautiful Bill Act changes to international and domestic taxes

On July 4, 2025, US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The legislation introduces significant changes to both international and domestic business tax rules for US taxpayers. While some… more

Business Taxes, Corporate Counsel, Corporate Taxes, Federal Budget, Federal Trade Commission (FTC)

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Peter Brunovskis, PhD

AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based… more

Alice/Mayo, Artificial Intelligence, Inventions, Patent-Eligible Subject Matter, Patents

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Ashley Brzezinski

Legal Lens on the Unified Patent Court | July 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court… more

EU, France, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Joshua Buchman

Left Swinging: Why Mickelson Went Uncharged For Insider Trading

In Depth - The Securities and Exchange Commission recently revealed details of an insider trading case against a gambler named William Walters, who allegedly engaged in insider trading based on information he obtained from… more

Appeals, Enforcement Actions, Hedge Funds, Illegal Tipping, Insider Trading

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Charles Buck

[Webinar] Physician Alignment in Hospital/PPM Joint Ventures in 2024: A McDermott and Chartis Roundtable - January 18th, 12:00 pm - 1:00 pm ET

Hospitals and health systems are looking to improve the financial performance of their physician practices, and investor-backed physician practice management (PPM) companies have sophisticated practice management capabilities… more

Health Care Providers, Healthcare Facilities, Hospitals, Investors, Joint Venture

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Jacques Buhart

Intel’s EUR 1 Billion Fine Overturned: ECJ’s Landmark Ruling

On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant… more

Abuse of Dominance, Antitrust Provisions, Competition, EU, European Commission

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Brian Bunn

[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration… more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Denise Burke

Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs

As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to… more

Anti-Kickback Statute, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Health Care Providers, Healthcare

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Dr. Gero Burwitz

International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by… more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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Andrew Butel

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

The enforcement environments in the US and UK are evolving at rapid pace. In the US, the Criminal Division of the Department of Justice (DOJ) issued a new White-Collar Enforcement Plan and several revised policy documents on 12… more

Anti-Corruption, Bribery, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Priorities

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William Butler

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to… more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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H. Michael Byrne

NAIC Summer National Meeting: Financial Condition (E) Committee advances formation of new Reciprocal Exchanges (E) Working Group and proposal to amend Holding Company Model Act

Earlier this year, noting “the recent increase in the number of reciprocal exchanges being formed and challenges in assessing the fairness and reasonableness of attorney-in-fact fees being charged to the newly formed… more

Corporate Governance, Fee Caps, Fees, Holding Companies, Insurance Industry

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Emidio Cacciapuoti

The Private Equity Market in Italy: Past, Present and Future

Past: Once Upon a Time - Thinking back to pre-pandemic times, it cannot be said that the Italian private equity (PE) and venture capital (VC) market was particularly flourishing or on the rise. Funding was decreasing compared… more

Buyers, Buyouts, Coronavirus/COVID-19, EBITDA, EU

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Wondha Cadet

Lawmakers Revisit Tax Treatment of Carried Interest

The tax treatment of carried interest has long been a subject of political debate. Since 2007, almost annually, the taxation of carried interest has found its way into either proposed legislation or presidential budget… more

Capital Gains Tax, Income Taxes, Internal Revenue Code (IRC), Investment Funds, IRS

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Jacqueline Cai

[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This… more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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John Calandra

[Webinar] Preparing for Litigation Resulting from a COVID-Related Busted Deal - May 8th, 12:00 pm - 1:00 pm EST

Uncertainty continues to loom over the M&A market as organizations that were actively involved in transactions before the COVID-19 pandemic assess risks stemming from reduced valuations, condensed financing options, the… more

Acquisitions, Best Practices, Contract Disputes, Contract Negotiations, Contract Termination

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Richard Call

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Stacey Callaghan

Trending in Telehealth: June 2025

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and… more

California, Digital Health, Health Care Providers, Healthcare, Legislative Agendas

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John Callahan

[Webinar] The Business Case and Cutting-Edge Legal Strategy for Monetizing Healthcare Real Estate - September 24th, 12:30 pm - 1:30 pm EST

On Thursday, September 24, McDermott Will & Emery and H2C will host Mark Rich, Executive Vice President of Global Operations of Steward Health Care, to share with you the business case and legal strategy for why healthcare… more

Business Strategies, Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19, Health Care Providers

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Caitlyn Campbell

SEC charges PE firm for alleged disclosure failures related to fee offsets

On August 15, 2025, the US Securities and Exchange Commission (SEC) charged a New York-based private equity adviser (the Firm) with breaching its fiduciary duties by failing to adequately disclose its practices regarding the… more

Conflicts of Interest, Disclosure Requirements, Enforcement Actions, Fee Disclosure, Fiduciary Duty

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Daniel Campbell

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco… more

Advertising, Beer, Class Action, Consumer Protection Laws, Demand Letter

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James Cannatti III

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously… more

21st Century Cures Act, Appeals, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Paula Ortiz Cardona

President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the… more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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Joan-Elisse Carpentier

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US Immigration… more

Audits, Department of Homeland Security (DHS), E-Verify, Employee Rights, Employer Liability Issues

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Timothy (Ty) Carson

FTC Publishes Annual Merger Notification Jurisdictional Threshold and Filing Fee Adjustments

On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust… more

Antitrust Provisions, Collaboration, Competition, Federal Trade Commission (FTC), Filing Fees

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Douglas Carsten

On the Stand With Doug Carsten

Doug Carsten is the co-head of McDermott’s life sciences industry practice and focuses on complex patent litigation disputes. In this Q&A, Doug shares what he enjoys most about being a trial lawyer, his go-to advice for… more

Best Practices, Jury Trial, Litigation Strategies, Trial Attorneys, Trial Plan

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Eric Carstens

Maryland sales tax multiple points of use exemptions: Is the juice worth the squeeze?

In the waning days of its 2025 session, the Maryland Legislature passed the Budget Reconciliation and Financing Act, and Governor Wes Moore signed it into law.[1] This bill expands the sales tax base to include sales of various… more

Cloud Computing, Government Agencies, Maryland, New Guidance, New Legislation

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Matt Carter

California AB 3129 Targets the Health Facility Transactions Approval Process

On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity groups… more

Acquisitions, California, Consent, Health Care Providers, Healthcare Facilities

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Francesca Casalone

Bulletin Concurrence XIV - Paris | Janvier ● Février ● Mars ● Avril 2025

1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la Cour… more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Appeals, Apple

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Brian Casillas

State laws on AI hiring tools persist after One Big Beautiful Bill Act

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald Trump’s… more

Algorithms, Artificial Intelligence, Discrimination, Employer Liability Issues, Employment Discrimination

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Nicole Castle

Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023

When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks back… more

Antitrust Division, Corporate Counsel, Criminal Antitrust Litigation, Cybersecurity, Department of Justice (DOJ)

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Giancarlo Castorino

COVID-19 – Recent Legal Developments in Italy and Practical Implications

The Italian government is taking stringent measures to slow the spread of COVID-19. This Update offers up-to-the-minute insights into the current regulations governing individuals’ movement in Italy, work-related exceptions to… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Italy, Ministerial Decisions

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Alexandra Cavazos, PhD

Analogous Art Must Be Compared to Challenged Patent

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent,… more

America Invents Act, Appeals, Mylan Pharmaceuticals, Patent Litigation, Patent Trial and Appeal Board

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Claire Chabat

International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social… more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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Michal Chajdukowski

UK Reforms National Security and Investment Regime: Streamlining or Expansion?

On 22 July 2025, the UK Government announced a set of targeted reforms to the National Security and Investment Act 2021 (NSI Act) and launched a consultation into proposed further changes. Alongside the reforms, the 2024-25… more

Acquisitions, Critical Infrastructure Sectors, Foreign Investment, Investment, National Security

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Jennifer Chan

The One Big Beautiful Bill Act: Navigating clean energy tax credits in a new era

On July 4, 2025, US President Donald Trump signed into law a budget reconciliation bill known as H.R.1: the One Big Beautiful Bill Act (OBBBA). The OBBBA generally accelerated phase-outs to the Inflation Reduction Act of 2022… more

Clean Energy, Energy Projects, Energy Tax Incentives, Federal Budget, Foreign Entities

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Elizabeth Lu

IRS announces intent to withdraw controversial DPL rules

The US Department of the Treasury and the Internal Revenue Service (IRS) recently issued Notice 2025-44, announcing their intent to withdraw the controversial disregarded payment loss (DPL) rules finalized at the end of the… more

Comment Period, Corporate Taxes, Final Rules, Income Taxes, Internal Revenue Code (IRC)

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Dane Chapman

California SB 923: New Trans-Inclusive Healthcare Requirements for Health Plans

Beginning in the first quarter of 2025, California healthcare service plans, health insurers, Medi-Cal managed care plans, and PACE organizations must ensure that staff who have direct enrollee contact receive evidence-based… more

California, Health Care Providers, Health Insurance, Healthcare, Legislative Agendas

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Thaddeus Chase Jr.

Key Takeaways | Playing the Long Game: Investor Outlook on Late-Stage Funding

The days of funding growth at all costs are over, particularly for late-stage businesses. Investors are looking for strong unit economics at the gross-margin level, proven return on investment, customer retention and… more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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Paulina Chau

A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law… more

Arbitration Agreements, California, Federal Arbitration Act, Labor Code, Mandatory Arbitration

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Ben Cheatham

The One Big Beautiful Bill Act: Navigating clean energy tax credits in a new era

On July 4, 2025, US President Donald Trump signed into law a budget reconciliation bill known as H.R.1: the One Big Beautiful Bill Act (OBBBA). The OBBBA generally accelerated phase-outs to the Inflation Reduction Act of 2022… more

Clean Energy, Energy Projects, Energy Tax Incentives, Federal Budget, Foreign Entities

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Jenny Chen

China’s Draft Cybersecurity Measures Suggest Increased Focus on Data Security

On 28 May 2019, the Cyberspace Administration of China (CAC) released the “Data Security Management Measures (Draft for Comments)” (Draft Measures) (unofficial English translation here), containing detailed rules to expand… more

Artificial Intelligence, China, Cybersecurity, Data Breach, Data Collection

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Jenny Chen Ph.D.

Outlier? Split Federal Circuit Denies En Banc Review of Written Description Requirement

The US Court of Appeals for the Federal Circuit denied a patent owner’s request for en banc rehearing of a panel decision that invalidated a patent for lack of written description on the basis that a person of skill in the art… more

Appeals, En Banc Review, Patent Litigation, Patent Ownership, Patents

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Jiayan Chen

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Le Chen

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Robbie Chen

Special Report - Coronavirus Update - Monitoring of the Main Tax Measures / Subsidies - Country-by-Country Overview

The Coronavirus (COVID-19) has governments across Europe, Asia, Africa, Australia, Latin America and the United States quickly evaluating and issuing modified tax-related measures to help support business investments and… more

Coronavirus/COVID-19, Filing Deadlines, Foreign Investment, Foreign Jurisdictions, International Finance

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Megan Cheney

Healthcare Regulatory Check-up Newsletter | December 2022 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between November 21 and December 31, 2022, including recent enforcement activity and a summary of the Office of Inspector… more

Anti-Kickback Statute, Audits, Clinical Laboratories, Coronavirus/COVID-19, Enforcement Actions

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Oliver Cheng

SEC Launches New Crypto Task Force

On January 21, 2025, US Securities and Exchange Commission (SEC) Acting Chairman Mark T. Uyeda announced the formation of a new crypto task force. This initiative aims to develop a comprehensive and clear regulatory framework… more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Frédéric Chevallier

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

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Davis Chin, Jr.

Check Processing Claims Bounce

The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an abstract… more

Abstract Ideas, Appeals, Check Cashing, Computer-Related Inventions, Inventive Concept Test

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Jonathan Ching

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based… more

Broker-Dealer, CFTC, Cross-Border Transactions, Cryptocurrency, Digital Assets

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Cecilia Choy Ph.D.

Identical or not? Jury can’t decide issues of claim construction

The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL) of noninfringement, finding that the jury’s infringement findings were unsupported by… more

Appeals, Appellate Courts, CAFC, Claim Construction, Doctrine of Equivalents

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Michael Chu

[Webinar] IP Focus | US Patent Law Under the New Trump Administration - February 5th, 10:00 am JST

McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. During these sessions, a variety of speakers from McDermott’s offices in the US… more

Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection, Japan, Patent Applications

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Ming Chuang

This Week in 340B: August 2 - 7, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Covered Entities, Health Care Providers, Healthcare, Manufacturers, Pharmaceutical Industry

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Alejandra Chumbes

California AB 2319 Expands Implicit Bias Training for Perinatal Care Providers

California legislators enacted Assembly Bill (AB) 2319 last fall in a landmark attempt to reduce racial and ethnic disparities in maternal and infant healthcare by addressing implicit bias in pregnancy, childbirth, and postnatal… more

California, Compliance, Diversity and Inclusion Standards (D&I), Executive Orders, Gender Identity

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Alice Chung

Don’t Assume Nonalcoholic Beverage Ingredients Are OK for Alcoholic Beverages

As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals, herbs… more

Beverage Manufacturers, Food and Drug Administration (FDA), Food Safety, GRAS, Wine & Alcohol

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Rae Chung

California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary… more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

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Anna Ciesielska

European Commission Seeks Feedback on NIS2 Draft Cybersecurity Measures

WHAT HAPPENED: On June 27, 2024, the European Commission published for feedback a draft implementing act (draft implementing act) under the Network and Information Security 2 Directive (NIS2). It specifies cybersecurity… more

Cybersecurity, EU, European Commission, New Legislation, Regulatory Agenda

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David Cifrino

California’s mandatory climate risk disclosure is almost here: Is your company ready?

US public companies put aside their attention on new climate-related disclosure rules adopted in 2024 by the US Securities and Exchange Commission (SEC) because of ongoing litigation challenging these rules and recent changes in… more

California, CARB, Climate Change, Corporate Counsel, Disclosure Requirements

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Thomas Claessens

AB 1.1.2023 HABEN VERMIETER CO2-KOSTEN MITZUTRAGEN - Real Estate Update, Q4, Nr. 2, 2022

Düsseldorf, 1. Dezember 2022 – Der Bundesrat hat am Freitag, den 25. November 2022, das zuvor bereits durch den Bundestag beschlossene „Gesetz zur Aufteilung der Kohlendioxidkosten“ (CO2KostAufG) gebilligt. Nach dem neuen Gesetz… more

Commercial Real Estate Market, Germany, Landlords, New Regulations, Public Utility

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Jacob Clark

The War of the Lists and How It Could Affect Your Company

Since the Trump Administration announced its tariffs on Chinese goods, the US-China trade war has continued to escalate and create uncertainty for many US, Chinese and other international companies. The Trump Administration’s… more

Bureau of Industry and Security (BIS), China, Criminal Liability, Export Administration Regulations (EAR), Exports

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Katie Clark

Share Schemes and TUPE in the UK – What Transfers?

In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the… more

Employee Rights, Employee Share Schemes, Employee Shareholders, Employer Liability Issues, Employment Contract

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Marchan Clark

New IRS Pre-Audit Compliance Program for Retirement Plans

Retirement plan sponsors should be aware of a new Internal Revenue Service (IRS) pilot program, which permits plan sponsors to conduct a pre-examination “check-up” of retirement plan administration before the IRS begins a plan… more

Benefit Plan Sponsors, Employee Benefits, EPCRS, Filing Deadlines, Filing Requirements

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Ryan Clark

New WDTX Order Shakes Up Initial Judge Assignments

A recent order from Chief Judge Garcia of the US District Court for the Western District of Texas (WDTX) changes how judges are initially assigned to cases filed in its Waco Division. As of July 25, 2022, patent cases filed in… more

Administrative Patent Judges, Assignments, Judges, Patent Litigation, Patents

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Alexander Clavero

HPE Miami 2021: Sub-Sector Insights - Behavioral Health

Proper care coordination and preventative care can lead to significant cost-savings. For instance, every $1 spent on proper medication-assisted treatment can save the individual’s community between $4 and $11. The behavioral… more

Coronavirus/COVID-19, Health Care Providers, Mental Health, Preventive Health Care, Telehealth

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Dr. Maximilian Clostermeyer

Das StaRUG und dessen Bedeutung für die Restrukturierung von Immobiliengesellschaften – Die wichtigsten Fragen und Antworten

Insolvenzanträge von namhaften Projektentwicklern und Immobiliengesellschaften stellen die betroffenen Unternehmen und ihre Gläubiger vor große Herausforderungen und setzen die gesamte Immobilienbranche unter Druck. Gleichzeitig… more

Corporate Governance, Corporate Restructuring, Creditors, Debtors, EU

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Bernard Codd

RIP for POP: PTO Updates Interim Director Review Procedures

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

Advisory Committee, America Invents Act, Appeals, Director of the USPTO, Patent Trial and Appeal Board

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Christoph Coenen

Das StaRUG und dessen Bedeutung für die Restrukturierung von Immobiliengesellschaften – Die wichtigsten Fragen und Antworten

Insolvenzanträge von namhaften Projektentwicklern und Immobiliengesellschaften stellen die betroffenen Unternehmen und ihre Gläubiger vor große Herausforderungen und setzen die gesamte Immobilienbranche unter Druck. Gleichzeitig… more

Corporate Governance, Corporate Restructuring, Creditors, Debtors, EU

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Bradley Cohen

From risk to relief: PE firm avoids prosecution with swift disclosure

In June 2025, the US Department of Justice (DOJ) announced that it declined to prosecute a private equity firm and its affiliates following the firm’s voluntary self-disclosure of criminal violations of US sanctions and export… more

Acquisitions, Bureau of Industry and Security (BIS), Department of Justice (DOJ), Due Diligence, Economic Sanctions

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Hannah Cohen

Not on the Merits: Claim Preclusion Doesn’t Bar Inducement Claims After Direct Infringement Case

Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling… more

Appeals, Claim Preclusion, Dismissals, Patent Infringement, Patent Litigation

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Robert Cohen

SEC Amends Exempt Offering Framework

On November 2, 2020, the Securities and Exchange Commission (SEC) voted to amend the framework for exempt offerings under the Securities Act of 1933, as amended (Securities Act). The amendments generally establish a new… more

Crowdfunding, Harmonization Rules, Offerings, Regulation A, Regulation D

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Ira Coleman

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of… more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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Mark A. Collins

Courts’ Approach to Cyber Insurance Continues to Evolve

As more companies purchase cyber insurance to protect against the risks of computer hacking and data breaches, the body of law interpreting these policies is evolving rapidly. Risk managers and counsel should monitor these… more

Commercial General Liability Policies, Crime Insurance Policies, Cyber Attacks, Cyber Insurance, Cybersecurity

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Sarah Chapin Columbia

On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers… more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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Thomas Conaghan

SEC Launches New Crypto Task Force

On January 21, 2025, US Securities and Exchange Commission (SEC) Acting Chairman Mark T. Uyeda announced the formation of a new crypto task force. This initiative aims to develop a comprehensive and clear regulatory framework… more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

See all updates »

Andrea Nappi Conforme

Navigating the EPR Laws: What Alcohol Beverage Producers Need to Know

Extended producer responsibility (EPR) laws are relatively new – the first were signed into law in 2021 and 2022 – and are aimed at encouraging producers to package goods in a more environmentally conscientious manner and… more

Alcohol Beverage Control, Environmental Policies, Environmental Social & Governance (ESG), Extended Producer Responsibility (EPR), Recycling

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P. Kevin Connelly

Pennsylvania Court Rejects Attempt to Block FTC Noncompete Ban

On July 23, 2024, US District Court for the Eastern District of Pennsylvania declined to stay the September 4, 2024, effective date of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete agreements… more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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Emily Jane Cook

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amended Complaints, Amicus Briefs, Breach of Contract, Business Litigation, Case Consolidation

See all updates »

Susan Cooke

Hazardous Waste Recycling Regulations – the Latest Chapter

“A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems],” the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or… more

Environmental Protection Agency (EPA), Hazardous Substances, RCRA, Recycling, Waste Disposal

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Heather Cooper

The One Big Beautiful Bill Act: Navigating clean energy tax credits in a new era

On July 4, 2025, US President Donald Trump signed into law a budget reconciliation bill known as H.R.1: the One Big Beautiful Bill Act (OBBBA). The OBBBA generally accelerated phase-outs to the Inflation Reduction Act of 2022… more

Clean Energy, Energy Projects, Energy Tax Incentives, Federal Budget, Foreign Entities

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Robert Cordy

SAFE Banking Act Passes House, Extends Cannabis Safe Harbor Protections

First introduced in 2013, the SAFE Banking Act passed the House 321-103 Wednesday, September 25th, 2019. This bill provides safe harbor to banks and financial institutions doing business with state-legal cannabis businesses, and… more

Banking Sector, Banks, Controlled Substances Act, Dispensaries, Financial Institutions

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Christine Corkran Kretkowski

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

See all updates »

Megan Corrigan

Healthcare Regulatory Check-Up Newsletter | March 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights key regulatory and enforcement activity for March 2025. This month features: - Noteworthy enforcement actions demonstrating that the Anti-Kickback Statute… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing

See all updates »

Zachary (Zach) Couger

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

See all updates »

Kate Vera Coverdale

SEC hosts roundtable on executive compensation disclosure requirements

On June 26, 2025, the US Securities and Exchange Commission (SEC) hosted a roundtable attended by issuers, institutional investors, third-party advisors, and industry groups to discuss potential updates to current executive… more

Comment Period, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Rachel Cowen

Understanding and Navigating Compliance with NIH Grant DEI Policies

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the NIH,… more

Anti-Discrimination Policies, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders

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Ryan Coyle

FinCEN Seeks Guidance on Applying CTA Reporting Obligations to Trusts and Estates

The Corporate Transparency Act (CTA), which requires corporations, limited liability companies and other similar entities to disclose beneficial ownership information to the US Department of the Treasury’s Financial Crimes… more

Beneficial Owner, Beneficiaries, Comment Period, Corporate Transparency Act, FinCEN

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Fabio Cozzi

Key Features of the New EU Product Liability Directive: Increased Potential for Litigation in the Technology, Pharmaceutical and Medical Device Sectors

On October 10, 2024, the Council of the European Union adopted the new EU Directive on Liability for Defective Products (New PLD), repealing Directive 85/374/EEC (PLD), adopted in 1985… more

Corporate Counsel, EU, EU Directive, Healthcare, Medical Devices

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Timothy Cramton

Litigation Pacing During the Pandemic

How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which… more

Commercial Litigation, Coronavirus/COVID-19, Depositions, Dispute Resolution, Electronic Filing

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Allison Egan

San Antonio Temporarily Suspends Paid Sick Leave Law Amidst Legal Challenge from Business Groups

In the past few years, several states and localities have passed paid sick leave laws. These laws generally require employers to offer workers paid sick leave due to illness or injury, domestic or sexual assault, or care of a… more

Employee Benefits, Employer Liability Issues, Local Ordinance, Paid Leave, Pending Legislation

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Han Cui

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on… more

American Bar Association (ABA), Antitrust Provisions, Biden Administration, Competition, Consumer Financial Protection Bureau (CFPB)

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Kevin Cummings

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

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James Cundiff

What to Expect During the Presidential Nominee Vetting Process

US presidential nominees, especially those nominated to positions requiring Senate confirmation, should expect to undergo a rigorous vetting and financial disclosure process. The complexity of these requirements can be daunting,… more

Disclosure Requirements, Ethics, Office of Government Ethics (OGE), Presidential Nominations, Regulatory Requirements

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Eric Cunningham

Supreme Court: Pure Omissions Cannot Support Rule 10b-5(b) Liability

On April 12, 2024, the Supreme Court of the United States unanimously held in Macquarie Infrastructure Corp. v. Moab Partners, L.P. that pure omissions are not actionable under Rule 10b-5(b), promulgated by the US Securities and… more

Disclosure Requirements, Failure To Disclose, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

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Isabelle Cunningham

Contracts Corner: Sponsorship Agreements

Sponsorships continue to be one of the alcohol beverage industry’s primary methods of promoting brands to drinkers. In professional sports alone, alcohol beverage brands contributed $480 million in sponsorship revenue across the… more

Advertising, Marketing, Sponsored Ads, Sponsorship Agreements, Suppliers

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Emily Curran

Section 1557 Patient Care Decision Support Tools, Anti-Discrimination Compliance: 12 Things to Consider

In April 2024, the US Department of Health and Human Services (HHS) issued a final rule reinterpreting Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex,… more

Algorithms, Artificial Intelligence, Covered Entities, Department of Health and Human Services (HHS), Final Rules

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Benton Curtis

China Draws Scrutiny as US Regulators Renew Anti-Bribery and Corruption Enforcement Focus

Recent bribery and corruption enforcement efforts by the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC), combined with new legislative and policy initiatives, including last December’s passage of… more

Anti-Bribery, Anti-Corruption, China, Enforcement Actions, FEPA

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Debra Curtis

McDermott+ Check-Up – August 22, 2025

Congress continues a quiet recess. Lawmakers will be back on September 2, 2025. CMS releases final FY 2026 payment regulations. The Centers for Medicare & Medicaid Services (CMS) updated payment rates in the final fiscal year… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Department of Education, Department of Health and Human Services (HHS), Drug Pricing

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Dr. Michael Cziesla

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Robert da Silva Ashley

Key Takeaways | Lender Outlook on the Debt Financing of Renewables and Transactions

During the latest webinar in our Energy Transition series, McDermott Partners Robert da Silva Ashley and John Bridge hosted Paul Pace, SVP and team leader at KeyBank, and Andrew Chen, managing director at CIT, to discuss the… more

Clean Energy, Debt Financing, Debt Market, Energy Market, Energy Projects

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Haile Dagne

Proposed Rule on MA and Part D Would Reinstate Historical Requirements, Make Changes to Prescription Drug Payment Structure

On January 6, 2022, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule regarding Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug Pricing, Health Insurance, Medicare

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David Dai

[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This… more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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Marissa Hill Daley

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Thomas DaMario

PTAB MTA Pilot Program to the Rescue

On review of a final written decision from the Patent Trial & Appeal Board in an inter partes review (IPR), the US Court of Appeals for the Federal Circuit found that all challenged claims were obvious but left open the… more

Appeals, Claim Construction, Inter Partes Review (IPR) Proceeding, Motion to Amend, Obviousness

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Claire Danberg

Heard at the 2025 Antitrust Law Section Spring Meeting

The American Bar Association Antitrust Law Section’s annual Spring Meeting took place from April 2 to 5 in Washington, DC. The Spring Meeting features updates from federal, state, and international antitrust enforcers and… more

Acquisitions, Antitrust Provisions, Consumer Protection Laws, Department of Justice (DOJ), Enforcement Actions

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Michael Darowski

International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements… more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Matthew David

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amended Complaints, Amicus Briefs, Breach of Contract, Business Litigation, Case Consolidation

See all updates »

Jeffrey Davis

Back to school: What’s new on the reg menu?

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. August 28, 2025 – For some of us (like me and my colleague Kristen O’Brien), this week marks the end of summer vacation and the… more

Centers for Medicare & Medicaid Services (CMS), Executive Orders, Final Rules, Medicaid, Medicare

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Gary Scott Davis, PA

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

See all updates »

Thomas Dawson

NAIC Summer National Meeting: Financial Condition (E) Committee advances formation of new Reciprocal Exchanges (E) Working Group and proposal to amend Holding Company Model Act

Earlier this year, noting “the recent increase in the number of reciprocal exchanges being formed and challenges in assessing the fairness and reasonableness of attorney-in-fact fees being charged to the newly formed… more

Corporate Governance, Fee Caps, Fees, Holding Companies, Insurance Industry

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Elisa De Carolis

Unveiling the Chaos: Rogue Filings at Companies House and the Quest for Reform

Companies House, the UK’s official company register, has recently come under the spotlight due to a series of rogue filings that have affected over 190 companies, including several high-profile organizations such as Sainsbury’s,… more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Enforcement Actions

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Paul-Henry de Laguiche

Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de… more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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Côme de Saint Vincent

Shares Acquired Upon the Exercise of BSPCEs Now Eligible for Tax Neutrality Regime in Share-for-Share Contribution Cases

On February 5, 2024, the French Supreme Tax Court (Conseil d’État) voided French tax authority guidelines from May 2023 that provided that shares acquired upon the exercise of founder stock options, or Bons de Souscription de… more

Defined Contribution Plans, France, International Tax Authority, Stock Options, Tax Authority

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Cornelia Dean

Healthcare Regulatory Check-Up Newsletter | August 2022 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant enforcement activity between July 21 and August 20, 2022. Key updates include a case in which the US Court of Appeals for the Eighth Circuit decided… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, False Claims Act (FCA)

See all updates »

Jon Dean

What California’s DOJ Said at the 2024 Antitrust Spring Meeting

The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions… more

American Bar Association (ABA), Antitrust Division, California, Competition, Department of Justice (DOJ)

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Richard Dees

[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations… more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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Ralph DeJong

California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary… more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

See all updates »

Maxime Delabarre

Navigating the UTPR and ISDS: Implications in the EU

The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that… more

Compliance, Corporate Governance, Corporate Taxes, Dispute Resolution, EU

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Bertrand Delafaye

COVID-19 Checklist for Publicly Listed Companies in France

- On January 30, 2020, the World Health Organization (WHO) has qualified the Covid-19 epidemic as a “global public health emergency”. - On March 3, 2020, French Minister of Economy and Finance Bruno Le Maire, pronounced a… more

AMF, Coronavirus/COVID-19, Electronic Communications, France, Remote Working

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Dr. Isabella Denninger

International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by… more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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Brad Dennis

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

See all updates »

Raminta Dereskeviciute

Quarterly Sanctions Update | Q2 2025

In the second quarter of 2025, EU and UK sanctions policy continued to take shape against a complex and shifting geopolitical backdrop. The European Union sharpened its focus on Russia’s ‘shadow fleet’ by proposing new… more

Compliance, Economic Sanctions, EU, Export Controls, Financial Institutions

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Romain Desmonts

France’s Digital Services Tax Faces Constitutional Crossroads

In a significant development for multinational companies operating in the digital space, France’s Supreme Administrative Court (Conseil d’État) has referred the country’s Digital Services Tax (DST) regime to the Constitutional… more

Constitutional Challenges, Corporate Taxes, Digital Services, Digital Services Tax, France

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Dalyn Dessaure

Colorado remains active, proposes amendments to CPA rules

On July 29, 2025, the Colorado Department of Law (Department) published a draft of its latest proposed Colorado Privacy Act (CPA) regulations, focused on children’s privacy. The Department is seeking comment on the proposed rule… more

Colorado, Comment Period, Consumer Privacy Rights, Data Privacy, Minors

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Paul DeStefano

Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors

On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender… more

Gender Identity, Governor Abbott, Health Care Providers, Healthcare, Healthcare Facilities

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Lukas Deutzmann

Annahmeverzugslohn und Anrechnung von anderweitigem Erwerb – Tipps für die Praxis

Grundsätzlich gilt: Ohne Arbeit kein Lohn. Eine Ausnahme ist der Annahmeverzugslohn (siehe auch HR-News Beitrag vom 17. Oktober 2023: „Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?“). Diesen muss der… more

Employees, Employer Liability Issues, Germany, International Labor Laws, Profit Sharing

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Paul Devinsky

En Banc Federal Circuit Cools Damages Award Because of Improper Expert Testimony

In an en banc decision in EcoFactor, Inc. v. Google LLC, the US Court of Appeals for the Federal Circuit concluded that the district court abused its discretion by admitting testimony from a damages expert that a lump-sum… more

Appeals, Contract Terms, Damages, Daubert Standards, En Banc Review

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David DeYoe

[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,… more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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Darshak Dholakia

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July… more

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

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Richard Diggs

McDermott Health 2023 Annual Report: Managed Care 2022 Year in Review

The managed care space saw a number of regulatory and legislative developments in 2022 that are shaping the sector as we move further into 2023. Against this backdrop, the healthcare sector itself has continued to transform in… more

Acquisitions, CMMI, Employee Retirement Income Security Act (ERISA), Healthcare Reform, Joint Venture

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Grayson Dimick

CMS proposes RPM reimbursement updates, requests information on reimbursing for SaaS

Over the past several years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to recognize and pay for non-face-to-face services that improve care management for… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Digital Health, Healthcare, Healthcare Reform

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Stéphane Dionnet

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Kristina DiPano

Special Report - 2022 FDA Year in Review

As the United States’ primary public health and consumer protection agency, the US Food and Drug Administration (FDA) regulates at least one quarter of the nation’s economy and exerts significant influence over global economies… more

Biologics, Clinical Laboratory Testing, Clinical Trials, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA)

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Edward Diskant

From risk to relief: PE firm avoids prosecution with swift disclosure

In June 2025, the US Department of Justice (DOJ) announced that it declined to prosecute a private equity firm and its affiliates following the firm’s voluntary self-disclosure of criminal violations of US sanctions and export… more

Acquisitions, Bureau of Industry and Security (BIS), Department of Justice (DOJ), Due Diligence, Economic Sanctions

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Lindsay Ditlow

Special Report - FDA v. Alliance for Hippocratic Medicine: Conscience Rights Implications for Healthcare Providers

The Supreme Court of the United States’s (SCOTUS’s) unanimous decision in Food and Drug Administration v. Alliance for Hippocratic Medicine (FDA v. AHM) on June 13, 2024, articulated a much more absolute view of the protections… more

Alliance for Hippocratic Medicine v Food and Drug Administration, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Nurses

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Sandra DiVarco

Key takeaways | Navigating financial distress: Strategies for hospitals and health systems

Hospitals and health systems are facing significant financial and operational challenges, including inadequate reimbursements, rising labor costs, and regulatory and economic uncertainties. These hurdles, coupled with the One… more

Centers for Medicare & Medicaid Services (CMS), Chapter 11, Financial Distress, Hospitals, Medicaid

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James Dobias

The UK Economic Crime & Corporate Transparency Act 2023: What companies need to know and what they can do to prepare

The UK Economic Crime & Corporate Transparency Act 2023 sets out two major reforms making it much easier for UK authorities to prosecute corporate wrongdoing: - it substantially increases the circumstances in which a company… more

Corporate Crimes, Corporate Transparency Act, Criminal Prosecution, Employer Liability Issues, Financial Crimes

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Natasha Dobrott

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost certainly… more

Appeals, Constitutional Challenges, False Claims Act (FCA), Florida, Litigation Strategies

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Deepali Doddi

[Webinar] Demystifying Cybersecurity: Practical Considerations For Businesses - December 8th, 12:00 pm - 1:00 pm CST

Ransomware! Phishing! Zero Trust! Endpoint detection! The buzzwords and fearmongering fly when it comes to cybersecurity, but there are practical business considerations that have to be accounted for when developing a… more

Best Practices, Continuing Legal Education, Cyber Threats, Cybersecurity, Incident Response Plans

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Max Doherty

DOJ-HHS False Claims Act Working Group will pursue healthcare, life sciences enforcement priorities

The US Department of Justice (DOJ) and the US Department of Health and Human Services (HHS) recently announced the relaunch of the DOJ-HHS False Claims Act Working Group, intended to “strengthen[] [the agencies’] ongoing… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Dana Dombey

PPMs, Take Note: FTC Proposed Rule Banning Noncompetes May Have Significant Industry Impact

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. Noncompete agreements are prevalent in… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Health Care Providers, Non-Compete Agreements

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Brian Donnelly

Florida Passes Law Restricting Foreign Ownership of Real Estate

The Florida Legislature recently passed Senate Bill 264 (SB 264), which Governor Ron DeSantis signed into law on May 8, 2023. SB 264 notably presents several new restrictions on persons or entities from certain foreign countries… more

Agricultural Land, Florida, Foreign Entities, Foreign Nationals, Governor DeSantis

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Callee Donovan

Healthcare Regulatory Check-Up Newsletter | March 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights key regulatory and enforcement activity for March 2025. This month features: - Noteworthy enforcement actions demonstrating that the Anti-Kickback Statute… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing

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William Donovan Jr.

COVID-19 Impact on Class Action Litigation

The Coronavirus (COVID-19) pandemic creates unprecedented risk for class action exposure for companies. This article identifies the first wave of class actions we anticipate arising out of the COVID-19 pandemic… more

Class Action, Coronavirus/COVID-19, Data Breach, Employment Litigation, Infectious Diseases

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Pankit Doshi

California AB 2319 Expands Implicit Bias Training for Perinatal Care Providers

California legislators enacted Assembly Bill (AB) 2319 last fall in a landmark attempt to reduce racial and ethnic disparities in maternal and infant healthcare by addressing implicit bias in pregnancy, childbirth, and postnatal… more

California, Compliance, Diversity and Inclusion Standards (D&I), Executive Orders, Gender Identity

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Griffin Doty

[Webinar] 2020 Hospital & Health System Innovation Summit - November 11th, 12:00 pm - 2:00 pm EST

Hospital and Health System Innovation Centers clear the path for healthcare advancement. And in an environment upended by COVID-19, there is no better time for investment in innovation and growth of collaborative partnerships in… more

Business Development, Business Strategies, C-Suite Executives, Collaboration, Conflicts of Interest

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Seth Doughty

International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to… more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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Christen Douglas

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they… more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Diana Douglas

SEC Launches New Crypto Task Force

On January 21, 2025, US Securities and Exchange Commission (SEC) Acting Chairman Mark T. Uyeda announced the formation of a new crypto task force. This initiative aims to develop a comprehensive and clear regulatory framework… more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Haley Dow

When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE Act… more

401k, Billable Hours, Employee Benefits, Employees, Employer Liability Issues

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Christine Dower

Navigating the Regulatory Landscape for Private Label Alcohol

Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise… more

Alcohol Beverage Control, Antitrust Provisions, Best Practices, Regulatory Requirements, Retailers

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Michelle Draper

An End-of-Year Review of TTB Tax Audits and Enforcement

We have updated and republished this March 2024 blog post for a year-end summary. The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the… more

Beer, Beverage Manufacturers, Breweries, Enforcement Actions, Excise Tax

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Caitlin Drott

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Yawen Du

The Corporate Transparency Act: New Beneficial Ownership Reporting Requirements

On January 1, 2021, US Congress passed the National Defense Authorization Act (NDAA). Found within the NDAA (as Division F – Anti-Money Laundering) is the Corporate Transparency Act (the CTA), which will require corporations,… more

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

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Jon Dubrow

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Robert Duffy

Creating a Cyber Volunteer Force: Strategy and Options

Critical infrastructure and essential services in the United States—especially small or rural service providers—are highly vulnerable to disruptions from cyber attacks. Given the ever-growing need for cybersecurity services in… more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Incident Response Plans, Nonprofits

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Margaret Duncan

Supreme Court: PTO Not Entitled to Attorney’s Fees in District Court Appeals

In a unanimous decision authored by Justice Sotomayor, the Supreme Court of the United States held that the US Patent and Trademark Office (PTO) is not entitled to recover its attorney’s fees in an appeal to a district court… more

American Rule, Attorney's Fees, Civil Claims, Fee-Shifting, Litigation Fees & Costs

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Tim Dunker

In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was… more

Alice/Mayo, Appeals, CAFC, CRISPR, Life Sciences

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Brigit Dunne

Healthcare Regulatory Check-Up Newsletter | February 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2025, including long-awaited proposed and final rules regarding the Health Insurance Portability and Accountability Act (HIPAA)… more

Anti-Kickback Statute, Controlled Substances, Criminal Prosecution, Executive Orders, False Claims Act (FCA)

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James Durkin

Supreme Court Limits Scope of Anti-Bribery Statute for State Officials

In Snyder v. United States, the Supreme Court of the United States held that it is not a federal crime for state and local officials to accept gratuities under 18 U.S.C. § 666. In so doing, the Court overturned the decision of… more

Anti-Bribery, Bribery, Corruption, Fraud, Illegal Gratuities

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Art Dykhuis

Consider Invention When Assessing Support for Claimed Range

The US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a Patent Trial & Appeal Board finding that the claims at issue were either invalid under 35 U.S.C. §112 as unsupported by written description… more

Appeals, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Inventions, Obviousness

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Jeremy Earl

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

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Joshua Eastby

Heard at the 2023 Spring Meeting: Part 2

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust enforcers… more

Acquisitions, American Bar Association (ABA), Antitrust Division, Antitrust Investigations, CFIUS

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Holger Ebersberger

Investment Opportunities in 2024

In November, McDermott Will & Emery was pleased to host our annual European Health & Life Sciences Symposium in Paris. Welcoming a large crowd of healthcare professionals, investors and dealmakers for a programme of insightful… more

Algorithms, Artificial Intelligence, Big Data, EU, Health Information Technologies

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Steven Eckhaus

Impact of the CARES Act on Executive Compensation

The CARES Act restricts how much executive compensation can be paid by employers that avail themselves of loans and loan guarantees from the US Treasury’s Exchange Stabilization Fund under Title IV of the CARES Act. Employers… more

CARES Act, Coronavirus/COVID-19, Executive Compensation, Federal Loans, Financial Stimulus

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Ari Edelman

Delaware Court Ruling Creates New Obstacle for Former SPACs

In a case filed simply to determine whether a plaintiff was entitled to attorneys’ fees and expenses for conferring a benefit on a corporation, the Delaware Court of Chancery held that the planned stockholder vote by the… more

Acquisitions, Corporate Counsel, Delaware, Dual Class Share Structures, Incorporation

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Benjamin Ediger

Seeing double? Director instructs Board to resolve claim construction pre-institution

The acting director of the US Patent & Trademark Office (PTO) vacated and remanded a Patent Trial & Appeal Board decision to institute two inter partes review (IPR) petitions that challenged the same claims. The acting director… more

Administrative Procedure Act, Appeals, Claim Construction, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Jean Edmonds

Florida expands rules favoring noncompetes while other states limit them further

2025 has been a busy year for new state legislation on employee restrictive covenant agreements, particularly in the healthcare sector. While several states have pushed forward new legislation restricting employee restrictive… more

Florida, Healthcare, Healthcare Reform, Healthcare Workers, Maryland

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Emmett Witkovsky-Eldred

Supreme Court Takes Up Constitutional Challenge to Section 965 Transition Tax

On June 26, 2023, the Supreme Court of the United States agreed to hear a rare challenge under the Sixteenth Amendment and Tax Clauses to Section 965 of the tax code. In Moore v. United States, the justices will consider whether… more

Appeals, Constitutional Challenges, GILTI tax, Green Book, SCOTUS

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Athanasia Eleftheriadou, LL.M.

Gerichtliche „Anpassung nach oben“ verletzt Tarifautonomie

Dürfen die Arbeitsgerichte die zwischen Arbeitgebern und Arbeitnehmern vereinbarten Tarifverträge korrigieren? Diese Frage hat das Bundesverfassungsgericht (BVerfG) in seinem Beschluss vom 11. Dezember 2024 zu Recht verneint… more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employment Litigation, Equal Protection, Freedom of Association

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Lauren Ellison

Healthcare Regulatory Check-Up Newsletter | April 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2025, including Centers for Medicare & Medicaid Services (CMS) updates to Medicare Advantage (MA) and other Medicare programs… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Durable Medical Equipment, Enforcement Actions

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Allison Emge

Unpacking the Latest Proposed CCPA Regulations

On May 1, 2025, the California Privacy Protection Agency (CPPA) announced a major overhaul of its draft California Consumer Privacy Act (CCPA) regulations on automated decision-making, cybersecurity audits, risk assessments, and… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, New Regulations

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Jonathan Ende

California attorney general’s $1.55 million Healthline CCPA settlement continues cookie focus and signals increasing enforcement

The California attorney general’s (AG) July 1, 2025, proposed settlement with Healthline Media LLC (Healthline) marks the third cookie-related California Consumer Privacy Act (CCPA) settlement in as many months (alongside the… more

California Consumer Privacy Act (CCPA), Cookies, Data Collection, Data Privacy, Enforcement Actions

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Dr. Germar Enders

Radar Specialist: German Government Prohibits Takeover by Chinese Investor

The sharp sword of prohibiting a M&A transaction because of threats to public order or security is eventually being applied. IN DEPTH - After years of continuous tightening of foreign trade law, several papers including… more

Acquisitions, AWG/AWV Rules, China, EU, Federal Ministry for Economic Affairs and Energy

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Llewelyn Engel

Responding to Stop Work Orders Implementing Recent Executive Orders

Since the inauguration of US President Donald Trump on January 20, 2025, many companies that hold or support Federal contracts, grants, and other awards have received so-called “stop work orders” or other directives to cease… more

Compliance, Corporate Counsel, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Sarah Engle

When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE Act… more

401k, Billable Hours, Employee Benefits, Employees, Employer Liability Issues

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Amanda Enyeart

Healthcare Regulatory Check-Up Newsletter | June 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for June 2025, including a new Centers for Medicare & Medicaid Services (CMS) innovation model; proposed rules with significant implications… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Stephanie Erickson

Uniform Law Commission Addresses Virtual Currency Regulation

On October 9, 2017, the Uniform Law Commission released a proposed state statute, which, if adopted, will require a new type of state licensure for persons engaging in “virtual business activities.” The proposed regulation marks… more

Blockchain, Uniform Law Commission (ULC), Virtual Currency

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Lesli Esposito

FCC Requires Consent for AI-Generated Cloned Voice Calls

On February 8, 2024, the Federal Communications Commission (FCC) issued a Declaratory Ruling banning robocalls and robotexts using artificial intelligence (AI)-generated cloned voices. Effective immediately, under the FCC’s… more

Artificial Intelligence, FCC, Robocalling, TCPA, Telecommunications

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Brittany Esser

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Joseph Evans

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based… more

Broker-Dealer, CFTC, Cross-Border Transactions, Cryptocurrency, Digital Assets

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Lauren Evans

Ninth Circuit Still Signals Shift in Arbitration Landscape for Non-Signatories

In a decision substantively the same as the now-withdrawn opinion entered on January 20, 2021, the US Court of Appeals for the Ninth Circuit once again affirmed denial of a non-signatory’s motion to compel arbitration. Setty v… more

Appeals, Arbitration, Estoppel, Jurisdiction, Motion to Compel

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Matt Evola

Antitrust M&A Snapshot - Q4 2023

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on… more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, EU

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Fabrizio Faina

Doing Deals in the EU: Pitfalls in European M&A Transactions

When analyzing mergers and acquisitions (M&A) in the European Union and related pitfalls that may arise, strategic and institutional investors should remember that, while the EU legal framework is harmonized in several fields,… more

Acquisitions, Contract Terms, Employees, EU, Foreign Investment

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Dr. Claus Färber

[Webinar] Mitigating Risk Exposure Under Evolving Global Cookies Regulations - May 19th, 12:00 pm - 1:00 pm EDT

The regulation of cookies and similar tracking technologies is rapidly evolving, not only in the European Union and United Kingdom but also in the United States and globally. If you have visited a website recently, you might… more

Cookies, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Syed Fareed

Cellect Your Weapon: Navigating Potential Arguments in the Aftermath of In re Cellect

In In re Cellect, 81 F.4th 1216 (Fed. Cir. 2023), the US Court of Appeals for the Federal Circuit held that a later-expiring patent can be invalid for obviousness-type double patenting (ODP) in view of an earlier-expiring,… more

Appeals, En Banc Review, Intellectual Property Litigation, Intellectual Property Protection, Obviousness-Type Double Patenting (ODP)

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Harrison Farmer

Federal Jury Returns $43 Million Verdict for Kickback Scheme in Violation of the False Claims Act

After a rare False Claims Act (FCA) trial—especially one premised on violations of the Anti-Kickback Statute (AKS)—a federal jury in Minnesota returned a $43 million verdict against Precision Lens, a distributor of medical… more

Anti-Kickback Statute, Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Alex Farr

Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable… more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

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Kevin Feeley

[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations… more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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Leigh Feldman

Healthcare Extenders Tracker (July 2025 Update)

Many healthcare programs are extended for specific time periods, as short as one or two years or as long as 10, and are usually attached to a larger piece of must-pass legislation. Additionally, while traditional authorizations… more

Federal Funding, Government Agencies, Health Care Providers, Healthcare, Healthcare Reform

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Mark Fennessy

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Samantha Fenton

Justices Interpret BIPA to Include ''Crippling Liability' for Illinois Businesses

On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Disclosure, Employer Liability Issues

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Scott Ferber

SEC Imposes New Cybersecurity Disclosure Requirements

At an Open Meeting on July 26, 2023, the US Securities and Exchange Commission (SEC) adopted final rules and amendments that impose new cybersecurity-related disclosure requirements for public companies subject to the Securities… more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Data Security

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Benoit Feroldi

Spotlight on the “Partner Countries” Exemption from Sanctions against Russia

From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to… more

Economic Sanctions, EU, France, General Licenses, Germany

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Lauren Ferrante

Washington Department of Revenue Announces LendingTree Decision Does Not Prevent Sourcing of Services to Customer's Customer Location

The Washington State Department of Revenue (the “Department”) recently announced its interpretation of the Washington Court of Appeals’ March 30, 2020, adverse ruling in LendingTree, LLC v. Dep’t of Revenue, no. 80637-8-I (Wash… more

Appeals, Appellate Courts, Apportionment, Borrowers, Corporate Taxes

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Anthony Ferrara

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Gregg Fierman

International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery and… more

Annulment, Antitrust Litigation, Business Interruption, EU, European Commission

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Mark Fine

Credit Conditions | Q4 2024

Welcome to this edition of Credit Conditions, a quarterly publication from McDermott Will & Emery that analyzes recent debt market trends. The fourth quarter of 2024 marked a pivotal moment in the debt market, as the Federal… more

Acquisitions, Capital Markets, Capital Raising, Federal Reserve, Financial Markets

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Todd Finger

[Webinar] Virtual Life Sciences Forum - October 7th, 9:00 am - 12:00 pm EDT

This wide ranging discussion, sponsored by our Paris office, focuses on navigating cross border collaborations, insights for entering the US life sciences market as well as strategies for capitalizing on the growth of digital… more

Business Entities, Business Opportunities, Business Strategies, Collaboration, Cross-Border Transactions

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Ashley Fischer

New DOJ Task Force to Target ‘Multisided Giants’ in Healthcare

The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms… more

Anti-Monopoly, Antitrust Division, Collusion, Competition, Department of Health and Human Services (HHS)

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Marcus Fischer

Mobility@McDermott: Monthly Update - 7/2023

1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank in… more

Automotive Loans, Banking Sector, Borrowers, Consumer Lenders, Electric Vehicles

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Sarah Fischer

See Here: No Standing Based on Vague Future Plans or Adverse Priority Findings

The US Court of Appeals for the Federal Circuit dismissed an appeal from a final written decision in an inter partes review (IPR) proceeding, finding that the petitioner lacked standing because it suffered no injury in fact… more

Appeals, Article III, Collateral Estoppel, Food and Drug Administration (FDA), Injury-in-Fact

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Henry Fisher

GLP-1 Update: Court Backs FDA in Tirzepatide Compounding Case

On May 7, 2025, the US District Court for the Northern District of Texas upheld the US Food and Drug Administration’s (FDA’s) decision to remove two tirzepatide injection medications from the FDA’s drug shortage list. This… more

Appeals, Drug Compounding, Enforcement Actions, Food and Drug Administration (FDA), Healthcare

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Dr. Ulrich Flege

Four Factors to Consider After the Building Electromobility Infrastructure Act (GEIG) Comes into Effect

As of January 1, 2025, the Building Electromobility Infrastructure Act (GEIG) has come into effect, bringing significant changes for property owners. Dr. Ulrich Flege summarizes the key points of the law below: Obligation to… more

Compliance, Construction Industry, Electric Vehicles, Environmental Policies, Germany

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Carl Fleming

#BakuBreakthrough? COP29 Sets a $300 Billion Goal as Part of a $1.3 Trillion Climate Finance Ambition

As we have previously reported over the last two weeks, the 29th Annual United Nations (UN) Climate Change Conference (COP29) focused heavily on climate finance and implementing key strategies for global emissions reduction,… more

Climate Action Plan, Climate Change, COP, Environmental Summit, Financial Institutions

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Renae Flowers

Trending in Telehealth: October 21 – 28, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the… more

APRNs, Digital Health, Health Care Providers, Healthcare, Healthcare Reform

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Katrina Crafton Fluet

Key Takeaways | Family Offices: Evolution & Efficiencies

This session of the Private Client West Coast Forum 2024 focused on recent developments, including income tax planning to support investment performance, executive compensation planning, private placement life insurance (PPLI),… more

Exchange-Traded Products, Executive Compensation, Family Offices, Investment Management, IRS

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Lauren Flynn

Beyond Private Equity Transaction Oversight: Mass. H.5159 Includes New Licensing Requirements

H.5159, An Act Enhancing the Market Review Process, was signed into law in January 2025. The primary focus of H.5159 is to expand the Commonwealth’s healthcare oversight mechanisms, particularly with respect to private equity… more

Healthcare, Healthcare Facilities, Healthcare Reform, Hospitals, Licensing Rules

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Crystal Fomba

Too Quick to Be Lit—Need to Serve That Complaint First

The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case where the plaintiff filed (but never served) an amended complaint in a… more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Fran Forte

[Webinar] Brazil’s LGPD Gains Some Teeth: A Review of the New Rules That May Affect Your Business - April 26th, 12:00 pm - 1:00 pm EDT

In February 2023, the Brazilian National Data Protection Authority (ANPD) published the rules for the application of sanctions and the methodology for calculating fines for violation of their General Data Protection Law (LGPD)… more

Brazil, Continuing Legal Education, Corrective Actions, Data Privacy, Data Protection

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Cristell Fortune

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Gregory Fosheim

CMS Requests Hospitals Submit Gender-Affirming Care Data- (UPDATED)

On May 28, 2025, the Centers for Medicare & Medicaid Services (CMS) sent a letter to “select hospitals” that provide gender-affirming care services, requesting information about how those hospitals adhere to quality standards… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Enforcement Actions, Gender Identity, Government Agencies

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Alexa (Lexi) Riccolo Foss

Effective January 2024: Illinois Joins Growing List of States that Require Attorney General Notice of Healthcare Transactions

On August 11, 2023, Governor J. B. Pritzker signed Illinois House Bill 2222 into law (Public Act 103-0526). Public Act 103-0526 amends certain provisions of the Illinois Antitrust Act, the State Finance Act and the Illinois… more

Antitrust Division, Covered Transactions, Enforcement, General Assembly, Governor Pritzker

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Christopher Foster

Trump, Court Actions Curtail Union Involvement in Federal Contracts

Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use… more

Biden Administration, Collective Bargaining, Court of Federal Claims, Employer Liability Issues, Executive Orders

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Asseret Frausto

Healthcare Regulatory Check-Up Newsletter | April 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2025, including Centers for Medicare & Medicaid Services (CMS) updates to Medicare Advantage (MA) and other Medicare programs… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Durable Medical Equipment, Enforcement Actions

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Bryan Frederick

This Week in 340B: September 3 – 9, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Covered Entities, Health Care Providers, HRSA, Medicare Advantage, Medicare Payment Reform

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Dr. Wolfgang von Frentz

The General Data Protection Regulation: Key Requirements and Compliance Steps for 2018

Enforceable in all EU member states on 25 May 2018, the General Data Privacy Regulation will require action by organisations both inside and outside the European Union to ensure compliance with this far-reaching privacy legal… more

Cross-Border Transactions, Cybersecurity, Data Privacy, Data Protection, e-Privacy Directive

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Amy Frey

France’s Renewable Energy Acceleration Bill Removes Barriers to Project Development

On February 8, 2023, the French Senate voted for the adoption of the Renewable Energy Acceleration Bill (Projet de loi relatif à l’accélération de la production d’énergies renouvelables) which was first introduced in September… more

Energy Projects, Energy Sector, France, Renewable Energy

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Seth Friedman

[Webinar] Anti-Corruption and Compliance Training - May 28th, 10:00 am - 11:30 am EDT

Please join McDermott and Grant Thornton on Thursday, May 28, for a webinar training on anti-corruption and compliance. This training will discuss the auditing standards on illegal acts by clients and the auditor’s… more

Anti-Bribery, Anti-Corruption, Auditors, Books & Records, Compliance

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Matthew Friendly

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and the… more

Ambulatory Surgery Centers, Artificial Intelligence, Business Development, Business Opportunities, Continuing Legal Education

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Edward Froelich

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with… more

AFR, Energy Tax Incentives, Executive Orders, Interest Rates, Internal Revenue Code (IRC)

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Katherine Froelicher

TTB Begins Testing New Version of Permits Online

Alcohol and Tobacco Tax and Trade Bureau (TTB) recently began testing a new version of its Permits Online system. The new interface aims to provide several big improvements for users. Among them… more

Permits, Wine & Alcohol

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David Fuller

Soaring New Heights: The IRS’s Crackdown of Aircraft Usage by Corporations and High-Income Earners

The Internal Revenue Service (IRS) has announced plans to initiate dozens of new audits this spring in an attempt to limit personal usage of corporate aircraft. These audits will focus primarily on “highest risk” corporations… more

Aircraft, Audits, Aviation Industry, Business Expenses, Employer Liability Issues

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Erin Fuller

Previewing the second MAHA report

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. August 21, 2025 – Within the next few weeks, the Trump administration is expected to issue the second Make America Healthy Again… more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC)

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Princess Fuller

Federal Government Approves First $900 Million Toward Development of a National Network of Fast-Charging Electrical Vehicle Stations

The National Electric Vehicle Infrastructure (NEVI) Formula Program, sponsored by the US Department of Transportation’s (DOT) Federal Highway Administration (FHWA), will provide $5 billion in funding for states to establish an… more

Biden Administration, Charging Stations, Department of Transportation (DOT), Electric Vehicles, Infrastructure

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Sarah Gabbai

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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David Quinn Gacioch

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American… more

American Hospital Association, American Hospital Association et al v Becerra Secretary Of Health And Human Services et al, Appeals, Cookies, Department of Health and Human Services (HHS)

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Paul Gadiock

GLP-1 Update: Court Backs FDA in Tirzepatide Compounding Case

On May 7, 2025, the US District Court for the Northern District of Texas upheld the US Food and Drug Administration’s (FDA’s) decision to remove two tirzepatide injection medications from the FDA’s drug shortage list. This… more

Appeals, Drug Compounding, Enforcement Actions, Food and Drug Administration (FDA), Healthcare

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William Gaede

[Webinar] IP Focus 2024 | Session 1: The Weaponization of Prosecution Laches - February 21st, 9:00 am - 10:00 am JST

McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar… more

Best Practices, Defense Strategies, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Timothée Gagnepain

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Fergus Gallagher

Mind the Gap: Strategies for Addressing the Valuation Gap in European M&A Deals During and After COVID-19

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge the… more

Acquisitions, Buyers, Coronavirus/COVID-19, Deferred Consideration, Earn-Outs

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Yesenia Gallegos

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US Immigration… more

Audits, Department of Homeland Security (DHS), E-Verify, Employee Rights, Employer Liability Issues

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Marjorie Soto Garcia

State laws on AI hiring tools persist after One Big Beautiful Bill Act

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald Trump’s… more

Algorithms, Artificial Intelligence, Discrimination, Employer Liability Issues, Employment Discrimination

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Rachel Gartner

2024 Health Report - Government Actions Affecting Food, Drug and Medical Device Industries

The food, drug and medical device industries comprise some of the most closely regulated sectors in the United States. The US Food & Drug Administration (FDA) actively exercises authority by constantly changing legislation and… more

Artificial Intelligence, Biologics, Cannabis Products, Clinical Trials, Food and Drug Administration (FDA)

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Craig Garvey

SEC hosts roundtable on executive compensation disclosure requirements

On June 26, 2025, the US Securities and Exchange Commission (SEC) hosted a roundtable attended by issuers, institutional investors, third-party advisors, and industry groups to discuss potential updates to current executive… more

Comment Period, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Ruben Garza, III

Florida expands rules favoring noncompetes while other states limit them further

2025 has been a busy year for new state legislation on employee restrictive covenant agreements, particularly in the healthcare sector. While several states have pushed forward new legislation restricting employee restrictive… more

Florida, Healthcare, Healthcare Reform, Healthcare Workers, Maryland

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Jennifer Geetter

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Jamie Gelfman

Healthcare Regulatory Check-Up Newsletter | May 2025

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for May 2025, including the rollout of a new Centers for Medicare & Medicaid Services (CMS) strategy to expand and enhance Medicare… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

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Dr. Thomas Gennert

Arbeitsrechtliche Elemente im Koalitionsvertrag

Gestern haben sich die Spitzen von CDU/CSU und SPD auf den Abschluss eines Koalitionsvertrages geeinigt. Dieser muss nun noch von den jeweiligen Parteigremien abgesegnet werden, bevor er unterzeichnet werden kann. Wir haben die… more

Artificial Intelligence, Collective Bargaining, Employee Rights, Employee Training, Germany

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Sam Genovese

Data Privacy and Cybersecurity in 2025: PCI DSS 4.0

Following our recent client alert, learn more about PCI DSS 4.0 coming into effect and its impact on organizations in 2025. Mark Schreiber, Brian Long, and Sam Genovese share further insights from working with clients on these… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Financial Institutions

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Dr. Gudrun Germakowski

Neues zur Arbeitszeiterfassung – Referentenentwurf zur Änderung des Arbeitszeitgesetzes

Seit dem 18. April 2022 liegt nun der lang erwartete (Referenten-)Entwurf zur Änderung des Arbeitszeitgesetzes und zur Regelung der Arbeitszeiterfassung vor („RefE-ArbZG“). Damit reagiert das Bundesministerium für Arbeit und… more

Employer Liability Issues, Germany, International Labor Laws, Labor Regulations, Timekeeping

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Paul Gerrard M.D.

[Webinar] Possibilities and Pitfalls: Reimbursement and Regulatory Issues - July 21st, 12:30 pm - 1:30 pm EDT

Through the groundbreaking creation and rapid development of cutting-edge diagnostic and treatments solutions that significantly improve patient outcomes for cancer and other conditions, precision medicine has, and will continue… more

Collaboration, Data Privacy, Fraud and Abuse, Health Care Providers, Healthcare Fraud

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Lisa Gerson

New York State Administrative Procedures Act and Emergency Authority During COVID-19

New York State law allows agencies and departments to adopt certain rules on an emergency basis, without following the strict requirement of the State Administrative Procedures Act. These emergency regulations can be a powerful… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Governor Cuomo, New York

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Mohsen Ghazi

Key One Big Beautiful Bill Act implications for family offices and high-net-worth investors

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), the most significant US tax overhaul since the 2017 Tax Cuts and Jobs Act (TCJA). The OBBBA includes critical changes impacting family offices,… more

Capital Gains Tax, Closely Held Businesses, Estate Planning, Federal Budget, High Net-Worth

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Fausto Giacomet

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

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Simon Gibb

UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a… more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

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Karen Owen Gibbs

HPE Miami 2021: Subsector Insights - Pharmacy

New therapies and the accompanying technologies to deliver them make pharmacy an appealing space for investment in 2021. In particular, organizations that can find ways to effectively manage escalating costs will be… more

Coronavirus/COVID-19, Pharmaceutical Industry, Physicians, Telehealth

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David Gibson

Healthcare Regulatory Check-Up Newsletter | June 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for June 2025, including a new Centers for Medicare & Medicaid Services (CMS) innovation model; proposed rules with significant implications… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Conor Gilligan

New Public-Comment Period Regarding Section 301 Tariffs Impacting Certain Medical-Care and COVID-19 Response Products

As the country continues to experience the effects of the COVID-19 pandemic, the Office of the US Trade Representative (USTR) has invited public comments on whether to continue excluding certain medical supplies from the special… more

China, Comment Period, Coronavirus/COVID-19, Imports, Medical Supplies

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Bradley Thomas Giordano

[Webinar] Restructuring Webinar Series - Restructuring in the restaurant and retail sectors - February 4th, 2:00 pm EST

The restaurant and retail industries are tough even in the best of times. Impacts from the COVID-19 pandemic will continue to push struggling restaurant chains and retail stores to file for Chapter 11 protection. This session… more

Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Debt Restructuring, Debtors

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Christopher Gladbach

[Webinar] Structuring and Intercreditor Dynamics in Tax Credit Transfers: Lender Perspectives and Considerations - May 8th, 12:30 pm - 1:00 pm EDT

Join us for our newest webinar series, Energy Transition & Infrastructure Private Credit. Over the course of the series, hear from McDermott lawyers and industry-leading guest speakers as they discuss different topics shaping… more

Borrowers, Bridge Loan, Creditors, Energy Projects, Energy Sector

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Elizabeth Glasgow

Key Takeaways | Don’t Be Privileged When Asserting Privilege

This session of the Private Client West Coast Forum 2024 identified common types of privilege, highlighting potential pitfalls to avoid and tools to protect a client’s privileged information. Types of privilege include… more

Attorney-Client Privilege, Internal Revenue Code (IRC), IRS, Tax Practitioner Privilege

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Benjamin Glass

New York State Budget Institutes Revenue-Neutral Health Plan Tax

The New York State fiscal year 2024 – 2025 budget was signed on April 20, 2024, instituting, among many other provisions, a new tax on health plans, including insurers and managed care organizations. This tax has been garnering… more

1115 Waivers, California, Centers for Medicare & Medicaid Services (CMS), Health and Welfare Plans, Healthcare

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Carolyn Gleason

New Trump Administration Tariff Developments

NOTE: This situation is fluid. Continue watching this page for updates. On February 1, 2025, using authority under the International Emergency Economic Powers Act (IEEPA) and other legal provisions, President Donald Trump… more

Canada, China, Executive Orders, Imports, International Trade

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Deborah Godes

CMS proposes RPM reimbursement updates, requests information on reimbursing for SaaS

Over the past several years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to recognize and pay for non-face-to-face services that improve care management for… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Digital Health, Healthcare, Healthcare Reform

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Ankur Goel

Top Takeaways | Risk-Adjustment Roulette: Strategies for Navigating the Shifting Landscape

McDermott Will & Emery Partner Ankur Goel moderated a panel during the Value-Based Care Symposium that focused on the risk-adjustment landscape and provided insights into how the regulatory environment and contractual… more

Centers for Medicare & Medicaid Services (CMS), Collaboration, Department of Health and Human Services (HHS), False Claims Act (FCA), Health Care Providers

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Dr. Uwe Goetker

Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Promptly, quickly and orderly are the three watchwords when it comes to restructurings. Efficient tools for out-of-court restructuring are instrumental in preserving value. Darren Azman, Dr. Uwe Goetker and Ravi Vohra explore… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors

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Kristin Going

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement… more

Borrowers, Capital Markets, Corporate Restructuring, Creditors, Debt Restructuring

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Hank Goldberg

International News: Spotlight on Tax

INTRODUCTION TO US TAXATION OF NFTS - Despite Non Fungible Token (NFT) sales hitting nearly US$21 billion by the end of 2021, making NFTs almost as valuable as the global art market, they are currently completely ignored by… more

Asset Management, Buyers, Charitable Donations, Corporate Taxes, Cross-Border

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Elliot Golding

California attorney general’s $1.55 million Healthline CCPA settlement continues cookie focus and signals increasing enforcement

The California attorney general’s (AG) July 1, 2025, proposed settlement with Healthline Media LLC (Healthline) marks the third cookie-related California Consumer Privacy Act (CCPA) settlement in as many months (alongside the… more

California Consumer Privacy Act (CCPA), Cookies, Data Collection, Data Privacy, Enforcement Actions

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Eugene Goldman

New SEC Leadership Signals Continued Focus on FDA-Related Disclosures

Lawyers inside and outside the US Securities and Exchange Commission (SEC) have speculated that the agency’s new leadership will take a “lighter touch” when it comes to enforcement. The ultimate approach of the new SEC remains… more

Disclosure Requirements, Enforcement Actions, Food and Drug Administration (FDA), Insider Trading, Pharmaceutical Industry

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Simon Goldring

Act Now to Comply with the UK Register of Overseas Entities

The Economic Crime (Transparency and Enforcement) Act 2022 (the Act), enacted in March 2022, introduced a Register of Overseas Entities. Under this legislation, overseas entities which own certain interests in United Kingdom… more

Beneficial Owner, Foreign Entities, Jurisdiction, Sanctions, Transparency

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Jonathon Goldstone

UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a… more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

See all updates »

Dexter Golinghorst

Healthcare Regulatory Check-Up Newsletter | June 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for June 2025, including a new Centers for Medicare & Medicaid Services (CMS) innovation model; proposed rules with significant implications… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Danielle Golino

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and the… more

Ambulatory Surgery Centers, Artificial Intelligence, Business Development, Business Opportunities, Continuing Legal Education

See all updates »

Olivia Gomez

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Brian Gordon

[Webinar] Generative AI: Understanding What's Ahead for Startups and Entrepreneurs - February 26th, 12:00 pm - 1:00 pm EST

Join McDermott and the Advanced Technology Development Center (ATDC) for an exciting webinar on generative artificial intelligence (AI). Discover the transformative power of generative AI with McDermott Partners Brian Gordon… more

Artificial Intelligence, Business Development, Entrepreneurs, Machine Learning, Risk Management

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Edward Gordon

Key Takeaways | Raising Capital in 2024: Navigating New Opportunities

On January 30, 2024, McDermott Partners Edward (Jed) Gordon, Kate Vera, and Todd Kornfeld and Associate Allison McSorley Tassel discussed on a panel the current market conditions and shared different capital raising options and… more

Acquisitions, Artificial Intelligence, Capital Raising, Corporate Governance, Cybersecurity

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Katie Gose

West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum… more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Daniel Gottlieb

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously… more

21st Century Cures Act, Appeals, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Constanze Götz

BIMSCHG Amendment: Significant Simplifications for Onshore Wind Farms

The German Federal Parliament (Bundestag) adopted the reform of the Federal Emission Control Act (Bundes-Immissionsschutzgesetz – “BImSchG“) with the Acceleration Pact for Renewable Energies and Electrolyzers on June 6, 2024,… more

Energy Projects, Energy Reform, Germany, Greenhouse Gas Emissions, Legislative Agendas

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Julia Grabo

McDermott+ Check-Up – August 22, 2025

Congress continues a quiet recess. Lawmakers will be back on September 2, 2025. CMS releases final FY 2026 payment regulations. The Centers for Medicare & Medicaid Services (CMS) updated payment rates in the final fiscal year… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Department of Education, Department of Health and Human Services (HHS), Drug Pricing

See all updates »

Daniel Graham

Unpacking the Trump administration’s new EO on Federal grantmaking: What applicants and recipients need to know

On August 7, 2025, the White House issued an executive order (EO) titled “Improving Oversight of Federal Grantmaking.” The EO calls for significant changes to the process of making and administering grants, cooperative… more

Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Federal Funding, Federal Grants

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Kai Grandpierre

ZAG-MaRisk

Am 27. Mai 2024 hat die Bundesanstalt für Finanzdienstleistungsaufsicht („BaFin“) die finale Fassung des Rundschreibens über die Mindestanforderungen an das Risikomanagement von Zahlungsinstituten („ZAG-MaRisk“) veröffentlicht… more

BaFin, Financial Institutions, Financial Services Industry, Germany, Payment Systems

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Andrew Granek

Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over… more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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Thomas Granier

International News: Brexit & the US Administration

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created a… more

Acquisitions, Bilateral Investment Treaties, Capital Markets, China, Cross-Border Transactions

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Nathan Gray

Reducing hospital payments: CMS proposes expanded site-neutral payment policy for drug administration services

Consistent with recent attention from Congress and rhetoric from the Trump administration, the Calendar Year 2026 Medicare Hospital Outpatient Prospective Payment System (OPPS) proposed rule (the Proposed Rule) includes… more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare, Healthcare Reform, Hospitals

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Alex Grayson

Heard at the 2025 Antitrust Law Section Spring Meeting

The American Bar Association Antitrust Law Section’s annual Spring Meeting took place from April 2 to 5 in Washington, DC. The Spring Meeting features updates from federal, state, and international antitrust enforcers and… more

Acquisitions, Antitrust Provisions, Consumer Protection Laws, Department of Justice (DOJ), Enforcement Actions

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Jay Greathouse

Texas Bills Would Implement Notice Requirements for Healthcare Transactions

In February 2025, Texas Representative James Frank (R) and Texas Senator Kelly Hancock (R) introduced bills to implement notification requirements for healthcare transactions. House Bill (H.B.) 2747 and Senate Bill (S.B.) 1595… more

Acquisitions, Healthcare Facilities, Hospitals, Mergers, Notice Requirements

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Jayda Greco

New Illinois law updates physical therapy standards for telehealth providers

On August 15, 2025, Illinois enacted Senate Bill (SB) 2153, which became effective on the date of signature. The legislation amends the Illinois Physical Therapy Act to remove various provisions that previously limited the… more

Digital Health, Health Care Providers, Illinois, New Legislation, Patient Access

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Spencer Green

US healthcare offshoring: Navigating patient data privacy laws and regulations

Unlike other sectors, US healthcare businesses must reconcile cost-saving strategies with stringent compliance obligations, especially when patient data crosses national borders or is accessed overseas… more

Data Privacy, Data Protection, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, International Data Transfers

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Gordon Greenberg

US Attorney’s Office in California Announces Voluntary Self-Disclosure and Whistleblower Program for Corporate, Financial Crimes

On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The… more

California, Corporate Crimes, Corporate Governance, Financial Crimes, New Legislation

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Noah Feldman Greene

New HSR Rules Go Live: Your Playbook for Effective M&A

Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the burden… more

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

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Dr. Philipp Grenzebach

A step towards CSRD implementation in Germany: The new draft bill of 10 July 2025

On 10 July 2025, the Federal Ministry of Justice presented a revised draft bill for the implementation of Directive (EU) 2022/2464 (Corporate Sustainability Reporting Directive – “CSRD”) as amended by Directive (EU) 2025/794… more

Corporate Sustainability Reporting Directive (CSRD), Environmental Social & Governance (ESG), EU, European Commission, Germany

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Jana Grieb

European Health Data Space Regulation enters into force

March 26, 2025, marked a pivotal moment in the EU with the European Health Data Space Regulation, (EU) 2025/327 (“EHDS Regulation”), coming into force. The EHDS represents a transformative initiative by the European Union aimed… more

Cybersecurity, Data Privacy, Data Protection, Digital Health, Electronic Medical Records

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Parisa Griess

IRS Roundup March 15 – March 28, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for March 15, 2025 – March 28, 2025. IRS GUIDANCE - March 17, 2025: The IRS issued Revenue Ruling 2025-8, providing the… more

Advance Pricing Agreements, Internal Revenue Code (IRC), International Tax Issues, IRS, Retirement Plan

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Greer Griffith

A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were… more

Corporate Misconduct, Criminal Prosecution, Former Employee, Former Employer, New Legislation

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David Grimes

[Event] European Health and Life Sciences Symposium 2023 - November 7th, Paris, France

We can't wait to see you in Paris at our second annual symposium. You'll meet with senior executives in the health, life sciences and private equity industries to identify new investment opportunities and position your company… more

Artificial Intelligence, Events, Financing, Health Care Providers, Health Information Technologies

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Bernard Grondin

Tips for Winning Competitive Health Care Auctions

The current environment for healthcare transactions is fiercely competitive with high prices, tough deal terms and limited time for proper due diligence. In terms of both value and number of deals, 2018 was the biggest year for… more

Collaboration, Health Care Providers, Healthcare, Healthcare Provider Corporations, Hospitals

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Dr. Simon Groneberg

Federal court of justice decides on construction cost subsidies for battery storage systems

On 15 July 2025, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made its awaited decision (case no. EnVR 1/24) on construction cost subsidies (Baukostenzuschüssen) for battery storage systems (“BESS”)… more

Batteries, Construction Industry, Energy Policy, Energy Projects, Energy Storage

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Joel Grosberg

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Larry Guess

Oregon considers revisions to expansive corporate practice of medicine law

On June 20, 2025, the Oregon legislature passed House Bill (HB) 3410, which amends portions of the corporate practice of medicine law, Senate Bill (SB) 951, enacted on June 9, 2025. As we previously reported, SB 951 prohibits… more

Contract Terms, Corporate Practice of Medicine, Healthcare, New Legislation, Non-Compete Agreements

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Jayita Guhaniyogi

Beware Enablement of Genus Antibody Claims

The US Court of Appeals for the Federal Circuit invalidated yet another set of antibody genus claims, finding the case “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v… more

Amgen, Amgen v Sanofi, Anticipation, Appeals, Claim Construction

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Laurelle Gutierrez

Key Takeaways | Planning Ahead for Successful Post-Death Administration

This session of the Private Client West Cost Forum 2024 discussed best avenues for family offices and their advisors to consider when managing a complex post-death administration, including steps to address and anticipate future… more

Audits, Estate Planning, Estate Tax, Family Offices, IRS

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Dr. Lea Hachmeister

European Health Data Space Regulation enters into force

March 26, 2025, marked a pivotal moment in the EU with the European Health Data Space Regulation, (EU) 2025/327 (“EHDS Regulation”), coming into force. The EHDS represents a transformative initiative by the European Union aimed… more

Cybersecurity, Data Privacy, Data Protection, Digital Health, Electronic Medical Records

See all updates »

Michael Hacker

HPE Miami 2023 | Driving Behavioral Health to New Heights

During this session, Partner Michael Hacker moderated a panel that explored the opportunities and challenges for investors in behavioral health businesses. They also took a closer look at the current behavioral health system… more

Digital Health, Health Care Providers, Healthcare, Investment, Investors

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Steven Hadjilogiou

Modified QOZ program delivers new investor incentives and permanence

The One Big Beautiful Bill Act (OBBBA) significantly modified the Qualified Opportunity Zone (QOZ) program via a set of comprehensive reforms aimed at improving accountability, long-term impact, and geographic equity. The new… more

Economic Development, Federal Budget, Government Agencies, Investors, Legislative Agendas

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William Hadler

Capital Markets & Public Companies Quarterly: Changes to SEC Review of Shareholder Proposals, Expansion of Testing-the-Waters, Regulation FD Enforcement Action, Applicability of Proxy Rules to Proxy Advisors and Risks Associated with LIBOR Transition

In the third quarter of 2019, the SEC Staff announced major changes to the standard no-action request review and response process relating to shareholder proposals. In addition, the SEC expanded the availability of… more

Accredited Investors, Benchmarks, Capital Markets, Emerging Growth Companies, Enforcement Actions

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Kyle Hafkey

HHS OCR Proposes Significant Modifications to HIPAA Security Rule

§ 160.101 Statutory basis and purpose. The requirements of this subchapter implement sections 1171–1180 of the Social Security Act (the Act), sections 262 and 264 of Public Law 104–191, section 105 of Public Law 110–233,… more

Cybersecurity, Data Privacy, Data Protection, Department of Health and Human Services (HHS), Final Rules

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Keith Hagan

The Working Capital Safe Harbor

Since coming into effect in January 2018, Subchapter Z of the US Tax Code—also known as the opportunity zone provisions—has enabled investors to pour billions of dollars into a broad array of businesses, from real estate… more

Capital Gains, Claim Limitations, Internal Revenue Code (IRC), Investors, IRS

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Eric Hageman

Court Strikes Down New York Opioid Surcharge on Manufacturers and Distributers

On December 19, 2018, the US District Court for the Southern District of New York ruled in favor of McDermott’s client, the Healthcare Distribution Alliance (HDA), the trade association for pharmaceutical distributors. In… more

Local Taxes, Opioid, Pharmaceutical Industry, State Taxes, Summary Judgment

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Jonathan Hague

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”… more

Appeals, Appellate Courts, Chamber of Commerce, Compelled Speech, Constitutional Challenges

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Dr. Oliver Hahnelt, LLM

Sustainable Financing and German MidCap Market

Amidst the still lingering COVID- 19 pandemic, historic production disruption and shortages in raw material, increasing inflation and the Ukraine war, finance activities continued to be strong in Germany – even though the… more

Compliance, Coronavirus/COVID-19, Environmental Social & Governance (ESG), Germany, Global Market

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Kevin Hall

Target LLCs as S Corporations: The Boilerplate Operating Agreement and the Importance of Revenue Procedure 2022-19

Many closely held businesses operate through entities classified as “S corporations,” an elective federal income tax regime that combines elements of corporate and partnership taxation. Among other reasons, S corporations are… more

Acquisitions, Corporate Taxes, Due Diligence, Internal Revenue Code (IRC), Limited Liability Company (LLC)

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M. Brian Hall, IV

Trump Administration May Expand Access to IVF Services

On February 18, 2025, US President Donald Trump signed an executive order directing his administration to develop policy recommendations within 90 days to increase access to in vitro fertilization (IVF) services and to reduce… more

Executive Orders, Health Insurance, Health Technology, Healthcare, Healthcare Reform

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L. Timothy Halleron

[Webinar] Cutting Through The Chaos: Off the Beaten Path: 6 Not-So-Obvious Planning Ideas - September 2nd, 1:00 pm - 2:00 pm EDT

Join McDermott presenters Timothy Halleron, Richard Lang and Carlyn McCaffrey as they describe six not-so-obvious planning ideas. In certain situations these creative planning techniques may be more effective than the usual… more

Continuing Legal Education, Estate Planning, Family Offices, Financial Planning, Private Trust Companies

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Michael Halsband

NAIC Summer National Meeting: Financial Condition (E) Committee advances formation of new Reciprocal Exchanges (E) Working Group and proposal to amend Holding Company Model Act

Earlier this year, noting “the recent increase in the number of reciprocal exchanges being formed and challenges in assessing the fairness and reasonableness of attorney-in-fact fees being charged to the newly formed… more

Corporate Governance, Fee Caps, Fees, Holding Companies, Insurance Industry

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William Hameline

Healthcare Regulatory Check-Up Newsletter | January 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2025. This month features long-awaited proposed and final rules regarding the Health Insurance Portability and Accountability… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Department of Health and Human Services (HHS), Enforcement Actions

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Samuel Hamer

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with… more

AFR, Energy Tax Incentives, Executive Orders, Interest Rates, Internal Revenue Code (IRC)

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Dexter Hamiliton

Feel the burn: Mechanical improvement is patent eligible under § 101

The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice step… more

Abstract Ideas, Alice/Mayo, Appeals, CAFC, Motion to Dismiss

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Philipp Hammes

AI meets real estate – Balancing innovation and compliance in the EU, UK, and US

Artificial Intelligence (AI) is taking the global commercial real estate market by storm. It is accelerating processes, driving down costs, and enhancing efficiency across a range of functions. In the EU, AI optimizes… more

Artificial Intelligence, Commercial Real Estate Market, Data Privacy, EU, General Data Protection Regulation (GDPR)

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John Hammond

Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed… more

Africa, Anti-Spam Legislation, Canada, China, Cybersecurity

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Ding Han

The EU-China Comprehensive Agreement on Investment: A First Glance

On 30 December 2020, the leaders of China and the European Union jointly announced the completion of the negotiation of the EU-China Comprehensive Agreement on Investment (CAI) as scheduled. Following the post-Brexit trade… more

Bilateral Investment Treaties, China, EU, Foreign Investment, Germany

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Dr. Jessica Hanke

AB 1.1.2023 HABEN VERMIETER CO2-KOSTEN MITZUTRAGEN - Real Estate Update, Q4, Nr. 2, 2022

Düsseldorf, 1. Dezember 2022 – Der Bundesrat hat am Freitag, den 25. November 2022, das zuvor bereits durch den Bundestag beschlossene „Gesetz zur Aufteilung der Kohlendioxidkosten“ (CO2KostAufG) gebilligt. Nach dem neuen Gesetz… more

Commercial Real Estate Market, Germany, Landlords, New Regulations, Public Utility

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Tina Happ

Das StaRUG und dessen Bedeutung für die Restrukturierung von Immobiliengesellschaften – Die wichtigsten Fragen und Antworten

Insolvenzanträge von namhaften Projektentwicklern und Immobiliengesellschaften stellen die betroffenen Unternehmen und ihre Gläubiger vor große Herausforderungen und setzen die gesamte Immobilienbranche unter Druck. Gleichzeitig… more

Corporate Governance, Corporate Restructuring, Creditors, Debtors, EU

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Michael Hardgrove

[Webinar] International Expansion Post-Pandemic - What You Need to Know, and How to Plan - October 12th, 8:00 am - 9:00 am PDT

When companies expand into new international markets, evaluating the full scope of internal requirements and external drivers—such as sales contracts, employment, corporate governance, and IP rights, as well as legal and tax… more

Acquisitions, Business Development, Business Expansion, Business Model, Business Operations

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Carol Harrington

The Unified Framework for Tax Reform: Impact on Transfer Tax Planning for the High-Net-Worth Individual

The Trump Administration, the House Committee on Ways and Means and the Senate Committee on Finance released their Unified Framework (Framework) for Tax Reform on September 28. There were few surprises and fewer details… more

Estate Tax, High Net-Worth, Tax Planning, Tax Reform, Transfer Taxes

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Debra Harrison

New Trump Administration Tariff Developments

NOTE: This situation is fluid. Continue watching this page for updates. On February 1, 2025, using authority under the International Emergency Economic Powers Act (IEEPA) and other legal provisions, President Donald Trump… more

Canada, China, Executive Orders, Imports, International Trade

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Ellen Harrison

International Legal Highlights - December 2021

CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER - The Challenge: In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank… more

Bitcoin, Chapter 11, Clean Energy, Competition, Corporate Crimes

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Todd Harrison

[Webinar] Hedge Fund Legal & Compliance Roundtable - March 3rd, 4:30 pm - 5:30 pm EST

Join us for a virtual roundtable discussion regarding the changing securities regulatory and enforcement landscape. The election of Joe Biden and his subsequent nomination of Gary Gensler as the next chairman of the US… more

Biden Administration, Compliance, Enforcement Actions, Hedge Funds, Insider Trading

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Dr. Nadine Hartung

HPE Europe 2022 | Key Takeaways

Key Trends & Opportunities in Life Sciences and Healthcare Investing - The current macroeconomic environment is creating challenges for healthcare and life sciences businesses, which have been impacted hard by wage inflation… more

Capital Markets, Digital Health, EU, Healthcare, Investment

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Warren Haskel

[Webinar] Healthcare Anti-Discrimination Litigation: What Payors Need to Know - May 13th, 1:00 pm - 2:00 pm ET

As we continue our three-part webinar series, McDermott’s litigation and healthcare lawyers will focus on how payors can actively prepare for possible enforcement and litigation stemming from recent and potential changes to… more

Affordable Care Act, Anti-Discrimination Policies, Commercial Litigation, Continuing Legal Education, Department of Health and Human Services (HHS)

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Daniel Hatten

[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We… more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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Elle Hayes

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Garrett Hayes

[Hybrid Event] Breakfast Training Workshop: Anatomy of a Private Equity Transaction - March 29th, London, United Kingdom

We would like to welcome you to join our first breakfast training workshop, Anatomy of a Private Equity Transaction. McDermott, together with other leading professional advisory firms, will be hosting a series of workshops… more

Events, Financial Transactions, Private Equity, Private Equity Firms, Private Equity Funds

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Russell Hayman

US Attorney’s Office in California Announces Voluntary Self-Disclosure and Whistleblower Program for Corporate, Financial Crimes

On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The… more

California, Corporate Crimes, Corporate Governance, Financial Crimes, New Legislation

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Steven Haywood

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Kristen Hazel

[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with… more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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Patrick Healy

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

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Peter Healy

SEC Requires New Disclosures in Periodic Reports on Share Repurchases

On May 3, 2023, the US Securities and Exchange Commission (SEC) adopted amendments to the share repurchase disclosure rules that require the disclosure of daily share repurchase activity on a quarterly basis by domestic issuers… more

Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements, Investment Companies

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Mary Hecht

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Dawn Helak

HRSA and OIG Begin Recovery and Audits of the COVID-19 Funding Programs

The Health Resources and Services Administration (HRSA) reminded providers through a program update on Monday, June 5, 2023, that the Provider Relief Fund (PRF) and COVID-19 Uninsured Program (UIP) Terms and Conditions continue… more

Audits, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Health Care Providers

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Adrian Helfenstein

Wichtige Aspekte des Koalitionsvertrags 2025 aus Immobilien- und Steuersicht

Wohnen, Bauen, Klima: Die Wohn- und Klimapolitik im Koalitionsvertrag 2025 - Mit dem Koalitionsvertrag 2025 hat sich die Bundesregierung ehrgeizige Ziele für den Wohnungsbau, das Mietrecht, die kommunale Wohnungspolitik und die… more

Affordable Housing, Climate Change, Energy Policy, Germany, Housing Market

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Ethan Heller

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based… more

Broker-Dealer, CFTC, Cross-Border Transactions, Cryptocurrency, Digital Assets

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Paul Helms

SEC charges PE firm for alleged disclosure failures related to fee offsets

On August 15, 2025, the US Securities and Exchange Commission (SEC) charged a New York-based private equity adviser (the Firm) with breaching its fiduciary duties by failing to adequately disclose its practices regarding the… more

Conflicts of Interest, Disclosure Requirements, Enforcement Actions, Fee Disclosure, Fiduciary Duty

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Shawn Helms

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Gregory Heltzer

Washington State Enacts Merger Review Regime

Washington is the first state to enact the Uniform Antitrust Premerger Notification Act, which requires merging parties that submit a federal filing under the Hart-Scott-Rodino (HSR) Act (15 U.S.C. Sec. 18(a)) to also submit the… more

Acquisitions, Antitrust Provisions, Filing Requirements, Mergers, New Legislation

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Sean Hennessy

Health Care Enforcement Quarterly Roundup – Q1 April 2019

Introduction - In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in the… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), EHR, Enforcement Actions

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Hannah Henseling

Neufassung der AIFM- und UCITS- Richtlinien

Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen… more

AIFM, Alternative Investment Fund Managers Directive (AIFMD), Asset Management, EU, European Commission

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David Herpe

Congress Avoids the Fiscal ‘Cliff’—Now What?

The new federal tax bill establishes permanent income, estate, gift and generation-skipping transfer tax provisions that present additional planning opportunities for 2013 and beyond… more

American Taxpayer Relief Act, Capital Gains, Charitable Donations, Estate Tax, Fiscal Cliff

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Lindsay Heyen

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Abby Higgins

Trending in Telehealth: June 2025

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and… more

California, Digital Health, Health Care Providers, Healthcare, Legislative Agendas

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Ryan Higgins

HHS OCR Proposes Significant Modifications to HIPAA Security Rule

§ 160.101 Statutory basis and purpose. The requirements of this subchapter implement sections 1171–1180 of the Social Security Act (the Act), sections 262 and 264 of Public Law 104–191, section 105 of Public Law 110–233,… more

Cybersecurity, Data Privacy, Data Protection, Department of Health and Human Services (HHS), Final Rules

See all updates »

Michael Hilkin

Generative AI chatbot service not subject to Indiana sales tax

In one of the first pieces of administrative guidance addressing the sales tax treatment of generative artificial intelligence (AI) services, the Indiana Department of Revenue (DOR) recently issued a revenue ruling confirming… more

Artificial Intelligence, Department of Revenue, Machine Learning, New Guidance, Sales & Use Tax

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Jennifer Hill

How Employers Can Aid Employees Impacted by the Los Angeles Wildfires

Over the past two weeks, wildfires have caused substantial loss and damage to homes and communities in Los Angeles, California, and the surrounding areas. In the wake of such devastation, employers may seek opportunities to… more

California, Disaster Relief Fund, Donations, Employee Benefits, Employees

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Dr. Cornelius Hille

Barrierefreiheitsstärkungsgesetz (BFSG) und die betroffenen Bankdienstleistungen

Am 28. Juni 2025 tritt das Barrierefreiheitsstärkungsgesetz (BFSG) in Kraft. Das Kernziel des BFSG ist es, allen Menschen die barrierefreie Teilhabe am Wirtschaftsleben zu ermöglichen. So ist die Teilhabe an digitalen Produkten… more

Banking Sector, Banks, Compliance, Consumer Protection Laws, EU

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Abygail Hoey

Breaking Down the New No Surprises Act FAQs Post-TMA III (June 2025 Update)

UPDATE: On May 30, 2025, the Fifth Circuit granted the TMA III plaintiffs’ petition for rehearing en banc, which was previously filed on December 16, 2024. Of note, the Fifth Circuit’s mandate has not yet been issued, so as a… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Dispute Resolution, Health Insurance

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Ashley Hoff

DOJ Unveils New Plan for White-Collar Crime and Corporate Enforcement

The US Department of Justice’s (DOJ’s) current approach to corporate criminal enforcement has come into focus with the issuance of a new White-Collar Enforcement Plan and several revised policy documents. The changes, which… more

Corporate Crimes, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions

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Brian Hoffmann

[Webinar] How to Take Advantage of Distressed Assets or Company Opportunities - March 25th, 2:00 pm ET

Is your private equity firm or company invested in or thinking about investing in distressed assets or businesses? If so, you won’t want to miss this complimentary, 1-hour webinar on the nuts and bolts of distressed… more

Business Development, Distressed Assets, Investment Funds, Investment Management, Investors

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Dr. Katharina Hoffmeister

European Health Data Space Regulation enters into force

March 26, 2025, marked a pivotal moment in the EU with the European Health Data Space Regulation, (EU) 2025/327 (“EHDS Regulation”), coming into force. The EHDS represents a transformative initiative by the European Union aimed… more

Cybersecurity, Data Privacy, Data Protection, Digital Health, Electronic Medical Records

See all updates »

Sarah Hogarth

US Supreme Court Overturns Chevron Deference

In Loper Bright Enterprises v. Raimondo, the US Supreme Court expressly overruled the doctrine of deferring to an agency’s interpretation of allegedly ambiguous statutory language initially articulated in Chevron U.S.A. Inc. v… more

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

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Jeffrey Holdvogt

Government Announces 2025 Employee Benefit Plan Limits

The Internal Revenue Service (IRS) has announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2025. Most of the dollar limits that are… more

Compensation & Benefits, Cost-of-Living Adjustment (COLA), Defined Contribution Plans, Employee Benefits, Health and Welfare Plans

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Kayla Holgash

Healthcare Preview for the Week of: July 28, 2025

Senate Steers Toward Summer Break - With the House already on August recess, the Senate will consider several of President Trump’s nominees, including Gustav Chiarello III to be an assistant secretary of the US Department of… more

Department of Health and Human Services (HHS), Government Agencies, Healthcare, Healthcare Reform, Legislative Agendas

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Nicholas Holland

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they… more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Romilly Holland

International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements… more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Rachel Hollander

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Jacob Hollinger

SEC Adopts Climate-Related Risk Disclosure Rules: What Public Companies, Executives and Investors Need to Know

The US Securities and Exchange Commission (SEC) adopted new climate-related risk disclosure rules on March 6, 2024, two years after the SEC proposed new climate-related disclosure rules and three years after the SEC first… more

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

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Gaylon Hollis

Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement… more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, IP License, Lanham Act

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Dr. Henrik Holzapfel

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

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Bettina Holzberger

Corona-Tests in Unternehmen, der Datenschutz und Besonderheiten der Bundesländer

Seit der letzten Änderung der SARS-CoV-2-Arbeitsschutzverordnung (Corona-ArbSchV), die am 23. April in Kraft getreten ist (und nach derzeitigem Stand bis 30. Juni 2021 gilt), müssen Unternehmen ihren Beschäftigten mindestens… more

Coronavirus/COVID-19, Data Protection, Employees, Employer Liability Issues, Employer Mandates

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Dr. Johannes Honzen

[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following… more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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Taylor Hood

Texas Bills Would Implement Notice Requirements for Healthcare Transactions

In February 2025, Texas Representative James Frank (R) and Texas Senator Kelly Hancock (R) introduced bills to implement notification requirements for healthcare transactions. House Bill (H.B.) 2747 and Senate Bill (S.B.) 1595… more

Acquisitions, Healthcare Facilities, Hospitals, Mergers, Notice Requirements

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Dr. Alexander Hoppe

Update zum US-Transparenzregister

Handlungsbedarf für Unternehmen bis Jahresende - Nachdem das Transparenzregister in Deutschland und Europa inzwischen seit einigen Jahren existiert und dessen Meldepflichten in der Praxis umfassend beachtet werden, gibt es… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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George Houhanisin

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Margaret Houtz

This Week in 340B: August 5 – 11, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amicus Briefs, Appeals, Breach of Contract, Healthcare, HRSA

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Ian Howard

For Statutory Equivalents, Even One Means May Be Enough

A US Patent & Trademark Office (PTO) appeals review panel decided that a means-plus-function (M+F) claim element supported by the disclosure of only a single species is not invalid for indefiniteness or lack of written… more

Ex Parte, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Caitlin Howe

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Gary Howes

International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and… more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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John Huang

International News: Focus on International Dispute Resolution

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation… more

28 U.S.C. § 1782, Acquisitions, Arbitration, Chile, China

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Matúš Huba

Europe’s Cybersecurity Puzzle: NIS2 Progress in 30 Pieces

As cybersecurity rises to the top of the corporate agenda, businesses face growing pressure to comply with the EU’s evolving regulatory landscape. Whether your company falls directly under EU cybersecurity laws or is indirectly… more

Audits, Compliance, Cybersecurity, Digital Operational Resilience Act (DORA), Enforcement

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Dr. Jan Hückel

New Obligations for German Transparency Register Now in Force

A core element of the new German Anti-Money Laundering Act (Geldwäschegesetz), which came into force on 26 June 2017, is the implementation of a transparency register in which beneficial owners of almost all companies, trusts… more

Anti-Money Laundering, Beneficial Owner, Germany, Limited Liability Company (LLC), Transparency

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Joel Hugenberger

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Paul Hughes

No Loss, No Problem: SCOTUS Expands Wire Fraud Reach in Kousisis Ruling

On May 22, 2025, the Supreme Court of the United States (the Court) issued its opinion in Kousisis v. United States, holding that a defendant may be convicted of wire fraud for inducing a victim to enter a contract under… more

Appeals, Contract Disputes, Criminal Prosecution, False Claims Act (FCA), Fraudulent Inducement

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Mélissa Hui

Antitrust M&A Snapshot | Q1 2025

JANUARY – MARCH 2025: KEY THEMES AND TAKEAWAYS - UNITED STATES - FTC Loses Vertical Challenge to Tempur Sealy/Mattress Firm On July 2, 2024, the US Federal Trade Commission (FTC) filed suit in federal court seeking to block a… more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Litigation, Antitrust Violations

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Elizabeth Hummel

Unpacking the Trump administration’s new EO on Federal grantmaking: What applicants and recipients need to know

On August 7, 2025, the White House issued an executive order (EO) titled “Improving Oversight of Federal Grantmaking.” The EO calls for significant changes to the process of making and administering grants, cooperative… more

Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Federal Funding, Federal Grants

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Rolf Hünermann

Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in… more

Automotive Industry, Buyers, Germany, Manufacturers, OEM

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MaryKathryn Hurd

Healthcare Regulatory Check-Up Newsletter | October 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for October 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False Claims… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Convictions, Department of Health and Human Services (HHS), Enforcement Actions

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Hannah Hurley

Clean bill of health: Only domestic activities count when analyzing likelihood of confusion

Affirming a summary judgment decision finding no trademark infringement under the Lanham Act, the US Court of Appeals for the Ninth Circuit determined that the district court properly focused on domestic activity with regard to… more

Abitron Austria GmbH v Hetronic International Inc, Appeals, Domestic Industry Requirement, Lanham Act, Likelihood of Confusion

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Simone Hussussian

Healthcare Regulatory Check-up Newsletter | December 2022 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between November 21 and December 31, 2022, including recent enforcement activity and a summary of the Office of Inspector… more

Anti-Kickback Statute, Audits, Clinical Laboratories, Coronavirus/COVID-19, Enforcement Actions

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Heidi Hutchins

Virginia Strengthens Reproductive Health Data Protections

On March 24, 2025, the governor of Virginia signed into law Senate Bill 754, which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection, use, sale, or sharing of personally identifiable reproductive or… more

Consent, Consumer Protection Laws, Data Collection, Data Protection, New Legislation

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Michael Huttenlocher

COVID-19 Impact on Statutes of Limitations and Timing for Other Filings

To help potential litigants evaluate how various executive orders may impact their filing deadlines, we examine executive orders in New York, and other select states, tolling the statute of limitations. This article also… more

California, Coronavirus/COVID-19, Delaware, Executive Orders, Filing Deadlines

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Graham Hyman

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Dino Ilievski

IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

BACKGROUND: SECTION 367(D) Section 367(d) generally addresses outbound transfers of intangible property to a foreign corporation. It treats a US transferor that transfers intangible property subject to Section 367(d) as having… more

Fair Market Value, Foreign Corporations, Intangible Property, IRS, Liquidation

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Caroline Incledon

New York State Administrative Procedures Act and Emergency Authority During COVID-19

New York State law allows agencies and departments to adopt certain rules on an emergency basis, without following the strict requirement of the State Administrative Procedures Act. These emergency regulations can be a powerful… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Governor Cuomo, New York

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Brian Ingram

Biden Administration Issues National Security Memorandum Shortly after the House Passes Three Bills Aimed at Cybersecurity in the Energy Industry

The federal government is seeking to increase cybersecurity in critical infrastructure industries through the implementation of a voluntary Industrial Control Systems Cybersecurity Initiative (Initiative), while the US House of… more

Biden Administration, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Electricity

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Megan Ingram

Antitrust Under Trump: June 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission… more

Antitrust Division, Antitrust Litigation, Biden Administration, Buyers, Department of Justice (DOJ)

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Carolin Irla

Langfristige Gewerberaummietverträge – ein Labyrinth aus Formvorschriften

Was unterscheidet gesetzliche und gewillkürte Schriftform, elektronische Form, Textform und telekommunikative Übermittlung? Das gesetzliche Schriftformerfordernis für langfristige Gewerberaummietverträge wird von vielen… more

Commercial Leases, Electronic Communications, Germany, Landlords, Regulatory Agenda

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Yoshiko Ito

Count On It, Plural Term Means More Than One

The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board (Board) patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents. Apple… more

Appeals, Apple, Claim Construction, Claim Limitations, Obviousness

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David Ivill

New York Governor Proposes Cost Market Impact Review, Expanded Disclosures for Material Transactions With Healthcare Entities

On January 21, 2025, New York Governor Kathy Hochul released the FY 2026 New York State Executive Budget, which proposed to impose a “cost market impact review” (CMIR) for certain “material transactions” involving “health care… more

Competition, Disclosure Requirements, Healthcare, Legislative Agendas, Mergers

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Hunter Jackson

International News: Spotlight on Innovation - Issue 60

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court simplifying… more

Artificial Intelligence, EU, Financial Regulatory Reform, Healthcare, Innovative Technology

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Karis Jackson

Will It (Puff, Puff) Pass? Cannabis Reform Under the Trump Administration

The Trump administration’s approach to cannabis reform will significantly impact the industry. As the proposed rulemaking to reschedule cannabis unfolds and nominees to critical agencies are confirmed, it is crucial for… more

Cannabis Products, Controlled Substances, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Travis Jackson

CA Senate amends AB 1415 to reinsert MSO reporting requirements

On June 27, 2025, the California Senate amended Assembly Bill (AB) 1415 to add back in a reporting requirement for management services organizations (MSOs) undergoing a sale of a material amount of assets or change of control… more

Acquisitions, California, Health Care Providers, Hedge Funds, New Legislation

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Marshall Jackson, Jr.

GLP-1 Update: Court Backs FDA in Tirzepatide Compounding Case

On May 7, 2025, the US District Court for the Northern District of Texas upheld the US Food and Drug Administration’s (FDA’s) decision to remove two tirzepatide injection medications from the FDA’s drug shortage list. This… more

Appeals, Drug Compounding, Enforcement Actions, Food and Drug Administration (FDA), Healthcare

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Dr. Nikolaus von Jacobs

[Virtual Conference] 2021 Cross-Border M&A and Private Equity Conference - September 29th, 12:15 pm - 4:45 pm CEST

McDermott is proudly sponsoring the 2021 Cross-Border M&A and Private Equity Virtual Conference (MUMAC) which will be held virtually, streamed live from the Bayerischer Hof in Munich. Sessions will include: - Keynote… more

Acquisitions, Coronavirus/COVID-19, Corporate Restructuring, Cross-Border Transactions, Foreign Investment

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Raymond Jacobsen Jr.

What a Second Trump Term Means for Antitrust Enforcement

On January 20, 2025, President-elect Donald J. Trump’s administration will come into power. The McDermott antitrust and competition team has analyzed the first Trump term, compared it to the Biden administration’s actions, and… more

Acquisitions, Biden Administration, Big Tech, Department of Justice (DOJ), Enforcement Actions

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Julian Jäger

Private Nutzung von Internet und E-Mail am Arbeitsplatz: Endlich mehr Sicherheit für Arbeitgeber?

Private Nutzung von Internet und E-Mail am Arbeitsplatz: Endlich mehr Sicherheit für Arbeitgeber? Nach bisheriger Auffassung der deutschen Datenschutzbehörden ist der Arbeitgeber bei gestatteter Privatnutzung von Internet… more

Data Privacy, Data Protection, Email, Employees, Employer Liability Issues

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Luc Jansen

HPE Miami 2023 | Fundraising in a Challenging Environment

During this session, Partner Luc Jansen moderated a panel that provided an overview of the current fundraising market and offered insights into which strategies are yielding successful outcomes… more

Capital Markets, Capital Raising, Coronavirus/COVID-19, EBITDA, Fund-raising

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David Jasphy

California Legislatively Overturns Recent Office of Tax Appeals Taxpayer Win

The California State Legislature overturned Microsoft’s recent win at the Office of Tax Appeals, which held that the gross amount of dividends received from foreign affiliates outside its water’s-edge group should be included in… more

California, Dividends, Franchise Tax Board, Income Taxes, Sales Factor

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Christopher Jedrey

Managing the Transition to Transformation: Changing the Dynamic: How Alternative Payment Systems Are Changing the Strategic Goals for Health System Providers

Introduction - The transition of the US health care payment system from fee-for-service (FFS) to alternative value-based, budget-based, episode or procedure-based (e.g., bundled) and/or population-based payment models… more

Alternative Payment Models (APM), Fee-for-Service, Health Care Providers, Hospitals, Medicare

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Brian Jenn

Corporate taxpayers: Key One Big Beautiful Bill Act changes to international and domestic taxes

On July 4, 2025, US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The legislation introduces significant changes to both international and domestic business tax rules for US taxpayers. While some… more

Business Taxes, Corporate Counsel, Corporate Taxes, Federal Budget, Federal Trade Commission (FTC)

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Amanda Jester

Texas Bills Would Implement Notice Requirements for Healthcare Transactions

In February 2025, Texas Representative James Frank (R) and Texas Senator Kelly Hancock (R) introduced bills to implement notification requirements for healthcare transactions. House Bill (H.B.) 2747 and Senate Bill (S.B.) 1595… more

Acquisitions, Healthcare Facilities, Hospitals, Mergers, Notice Requirements

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James Jiang

International News: Private Equity - December 2019

A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors. Digital health… more

CFIUS, Digital Health, Digital Services Tax, Global Dealmaking, Healthcare

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Théophile Jomier

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Laura-May Jones

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

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Roger Jones

Supreme Court Tackles Tax-Related Cases

The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the… more

Administrative Procedure Act, Affiliated-Business Arrangements, Appeals, Bob Richards Rule, Consolidated Tax Returns

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Janek Joosten

Kein digitales Zugangsrecht – Gewerkschaft scheitert mit Klage gegen Adidas

Spätestens seit der Corona-Pandemie erfreut sich das Home-Office großer Beliebtheit: Rund ein Viertel aller Erwerbstätigen in Deutschland arbeitet zumindest teilweise aus dem Home-Office. Doch während das mobile Arbeiten sowohl… more

Collective Bargaining, Constitutional Challenges, Data Privacy, Employee Rights, Employment Litigation

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Josh Jorgensen

Health-Related Provisions in the House Reconciliation Package (June 2025 Update)

UPDATE: On June 4, 2025, the Congressional Budget Office (CBO) released updated cost estimates of H.R. 1, the One Big Beautiful Bill Act. We have updated our summary of the bill’s health provisions to reflect these new CBO… more

Centers for Medicare & Medicaid Services (CMS), Federal Budget, Healthcare, Healthcare Reform, Medicaid

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Alex Jupp

Carried interest in the UK: The new average holding period (AHP) condition for credit funds

The UK tax regime for carried interest is being substantially revised from April 2026. This Alert focuses on one particular aspect: the changes to how credit funds should calculate the average holding period (AHP) of their… more

Carried Interest, Carried Interest Tax Rates, Credit Funds, Debt Restructuring, Fund Managers

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Nicholas Jupp

Gategroup: What’s the Fuss About?

This article summarises the findings of the High Court in Re gategroup Guarantee Limited [2021] EWHC 304 (Ch) (Re gategroup Guarantee Limited) and provides a view of its effects on the cross-border application of the… more

Bonds, Coronavirus/COVID-19, Corporate Insolvency and Governance (CIG) Act 2020, Cross-Border, EU

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Prof. Dr. Clemens Just

Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen… more

Board of Directors, Business Entities, Coronavirus/COVID-19, EU, Germany

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Ashley Justice

Use of general knowledge in IPR petitions will no longer work

On July 31, 2025, the US Patent & Trademark Office (PTO) issued a memo clarifying the requirements under 37 C.F.R. § 42.104(b)(4) for inter partes review (IPR) petitions. The memo emphasizes that petitioners must clearly… more

Claim Construction, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Trial and Appeal Board, Patents

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Lisa Kaderabek

Special Report - Funding Employer-Sponsored Group Health Coverage: The Group Captive Solution - November 2023

Employer-sponsored health insurance covers almost 159 million non-elderly US workers and their dependents, and employees and jobseekers alike view group health coverage as the single most important non-cash job-related benefit… more

Affordable Care Act, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employees

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Abigail Kagan

NYC Employers Take Note: The ‘Workers’ Bill of Rights’ Goes Live July 1

Effective July 1, 2024, all New York City employers must provide their employees with a copy of the New York City Worker Bill of Rights poster. WHICH EMPLOYERS ARE COVERED? This applies to any employer with at least one… more

City of New York, Employees, Employer Liability Issues, Regulatory Requirements, Worker Protection Standard

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Bianca Kain

Legal Lens on the Unified Patent Court | August 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court… more

EU, France, Germany, Innovation Patent, Intellectual Property Litigation

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Elle Kaiser

Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace does… more

Appeals, B&O Tax, Department of Revenue, Income Taxes, IRS

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Yamini Kalidindi

A Preview of the Preview: Our CY 2026 PFS Proposed Rule Webinar Is Next Wednesday

It’s getting hot outside, which means that the summer regulatory season is almost upon us. In June or July, the Centers for Medicare & Medicaid Services (CMS) will release proposed regs impacting Medicare payments in calendar… more

Centers for Medicare & Medicaid Services (CMS), Healthcare Reform, Medicaid, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

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Byron Kalogerou

Key Takeaways | State of the Market – Still Looking for an Exit

During this session, the panelists discussed notable developments within the life sciences industry with a specific focus on the GLP-1 drug market and its opportunities for improvement in patient satisfaction and dosage. They… more

Acquisitions, Biotechnology, Global Dealmaking, Healthcare, Investment

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Daniel Kaltman

SEC Pumps Fun

While we anticipated a relaxed US Securities and Exchange Commission (SEC) under the new administration, even the biggest proponents of a lax SEC did not expect a “meme coin” blessing within weeks of a new SEC chair being… more

Bitcoin, Blockchain, Compliance, Corporate Governance, Cryptocurrency

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Lynn Kamarck

Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported… more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

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Dr. Matthias Kampshoff

Bundestag hat vorübergehende Aussetzung der Insolvenzantragspflicht beschlossen

Der Bundestag hat am 25. März 2020 den von der Bundesregierung eingebrachten Gesetzesentwurf zur Abmilderung der Folgen der COVID-19-Pandemie im Insolvenzrecht beschlossen. Die Entscheidung des Bundesrates ist für den 27. März… more

Commercial Bankruptcy, Coronavirus/COVID-19, Germany, Insolvency, Small Business Loans

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Christopher Kandel

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

See all updates »

Maris Kandestin

[Webinar] Critical Business Considerations for Life Sciences and Medical Device Companies Amid the COVID-19 Pandemic - April 17th, 12:00 pm - 2:00 pm ET

Life sciences and medical device companies are dealing with an unprecedented crisis. The industry is not only managing the impact of Coronavirus (COVID-19), they are also a solution provider. Companies are rapidly adapting… more

CARES Act, Clinical Trials, Coronavirus/COVID-19, Creditors, Crisis Management

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Amanda Kane

Insurance Regulators Continue Big Data Scrutiny

We previously reported on regulators’ increased attention to the use of big data systems, including external consumer data and information sources, algorithms and predictive models. Recent announcements in Colorado, Louisiana… more

Artificial Intelligence, Colorado, Data Collection, Data Privacy, Data Protection

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Carina Kant

Mobility@McDermott: Monthly Update (09/2023)

1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations… more

Antitrust Division, Automotive Industry, Clean Energy, Competition, Competition Act

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Elaine Kao

Special Report - Digital Token Offerings And Sales Under Regulation S

Since the inception of Bitcoin in 2009, certain digital tokens (often referred to as cryptocurrencies) have been popularized as secure, decentralized and private alternatives to government-controlled currencies. More recently,… more

Blockchain, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Regulation S

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Aashish Kapadia

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

See all updates »

John Karasek

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

See all updates »

Gary Karch

[Webinar] 2020 Family Office Tax Roundtable - October 21st, 11:00 am - 2:00 pm PDT

McDermott Will & Emery’s Family Office Tax Roundtable provides participants with an interactive virtual program focused on select income and transfer tax considerations for family enterprises. Attendees will hear presentations… more

Acquisitions, Family Offices, Income Taxes, Mergers, New Regulations

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Dr. Natallia Karniyevich

Europe’s Cybersecurity Puzzle: NIS2 Progress in 30 Pieces

As cybersecurity rises to the top of the corporate agenda, businesses face growing pressure to comply with the EU’s evolving regulatory landscape. Whether your company falls directly under EU cybersecurity laws or is indirectly… more

Audits, Compliance, Cybersecurity, Digital Operational Resilience Act (DORA), Enforcement

See all updates »

Sama Kaseer

Weekly IRS Roundup November 18 – November 22, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of November 18, 2024 – November 22, 2024… more

Clean Energy, Energy Projects, Income Taxes, Interest Rates, Internal Revenue Code (IRC)

See all updates »

Alan Kashdan

President Biden Signs Executive Order Directing CFIUS to Focus on Specific National Security Risks

On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For the… more

Biden Administration, CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions

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Jeremy Kass

Weekly IRS Roundup April 29 – May 3, 2024

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 29, 2024 – May 3, 2024… more

Business Taxes, Income Taxes, Internal Revenue Code (IRC), IRS, SECURE Act

See all updates »

Elai Katz

FTC Revives Orange Book Listing Challenges

On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers for allegedly improper listing of patents in the… more

Antitrust Provisions, Antitrust Violations, Enforcement Actions, FDA Approval, Federal Trade Commission (FTC)

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Olivia Kaufmann

FDA Proposes Rule to Update Clinical Trial Data Monitoring

On February 13, 2024, the US Food and Drug Administration (FDA) issued draft guidance entitled Use of Data Monitoring Committees in Clinical Trials (Draft Guidance). It provides sponsors and others involved in clinical trial… more

Clinical Trials, Comment Period, Data Protection, Draft Guidance, Food and Drug Administration (FDA)

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Neil Kawashima

Illinois’ Invest in Kids Tax Credit

Overview- Illinois’ July 2017 Revenue Bill for the 2018 fiscal year included the Invest in Kids Act (Act), which creates a new program, effective January 1, 2018, that provides up to $75 million in income tax credits for… more

Income Taxes, Scholarships, Students, Tax Credits

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Sagun KC, PhD

Merely Articulating a Goal Does Not Provide Reasonable Expectation of Success

The US Court of Appeals for the Federal Circuit affirmed a district court non-obviousness decision, finding that a prior art reference that articulates a goal without explaining how that goal is achieved does not provide a… more

America Invents Act, Clinical Trials, Food and Drug Administration (FDA), Patents, Pharmaceutical Patents

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Amy Hooper Kearbey

Remuneration? Not If It’s Fair Market Value, Says Eleventh Circuit

Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by… more

Amended Complaints, Anti-Kickback Statute, Department of Health and Human Services (HHS), Fair Market Value, False Claims Act (FCA)

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Dr. Sebastian Keding

Mobility@McDermott: Monthly Update (04/2024)

1. “No re-export to Russia” clauses become mandatory for certain contracts within the EU - As of March 20, 2024, so-called “no re-export to Russia” clauses have become mandatory for certain types of contracts concluded by EU… more

Auto Parts, Automotive Industry, Buyers, EU, EU Directive

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Emily Keil

The Evolution of Cross-Border Restructuring Processes

It’s a small world, and particularly for global companies considering restructuring. Transactions rely increasingly on international synergies. Are you up to date on the details of cross-border processes? Mark Fine, Bradley… more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Creditors, Cross-Border Transactions

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Amy Kelbick

Trump Administration Executive Order Tracker - updated 8.18.25

Below is a tracker of healthcare-related executive orders (EOs) issued by the Trump administration, including overviews of each EO and the date each EO was signed. We will regularly update this tracker as additional EOs are… more

Artificial Intelligence, Department of Health and Human Services (HHS), Executive Orders, Federal Grants, Fraud Abuse and Waste

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Annette Keller

International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the… more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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Erin Kelly

CMS Interoperability and Prior Authorization Rule Significantly Impacts Payers’ Approval and Denial Practices

On January 17, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the CMS Interoperability and Prior Authorization final rule (Final Rule) (fact sheet, CMS’ interoperability website), which aims to improve prior… more

Application Programming Interface (APIs), Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Denial of Insurance Coverage, Federally Facilitated Exchanges

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Kay Kemp

Clear as Mud: Defined Benefit Plan Liability with Facility Sales, Restructurings and Cessations

In certain cases of a facility sale, restructuring or cessation, recently released information by the Pension Benefit Guaranty Corporation (PBGC) leaves many unanswered questions about plan sponsor liability for single-employer… more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Executive Compensation, Retirement

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Sylvia Petereit-Kemter

International: Investing in Global Healthcare and Life Sciences - A guide to key legal and regulatory issues in health and life sciences transactions - June 2022

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and… more

Anti-Kickback Statute, Artificial Intelligence, Cross-Border, Global Market, Healthcare

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Scott Kenkel

HHS Final Section 1557 Nondiscrimination Regulations: Gender-Affirming Care and the Role of Carriers Under ASO Arrangements

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) (final regulations) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits… more

Affordable Care Act, Department of Health and Human Services (HHS), Disability Discrimination, Final Rules, Gender Discrimination

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Dr. Heiko Kermer

Mobility@McDermott: Monthly Update - 7/2023

1. FEDERAL COURT OF JUSTICE RULES ON ASSIGNMENT CLAUSE IN T&CS FOR CAR FINANCING - In April 2023, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) ruled that an assignment clause used by a German captive bank in… more

Automotive Loans, Banking Sector, Borrowers, Consumer Lenders, Electric Vehicles

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Usman Khan

Post Expo Real and the UK Budget – UK Real Estate to Survive or Thrive in 2025?

Having taken time to reflect on the mood and sentiment at Expo Real 2024 among clients, contacts, and European real estate partners at McDermott, the general outlook within the Messe could be best described as one of cautious… more

Budgets, Buyers, Investors, Real Estate Development, Real Estate Investments

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Shah Jahan Khandokar

#BakuBreakthrough? COP29 Sets a $300 Billion Goal as Part of a $1.3 Trillion Climate Finance Ambition

As we have previously reported over the last two weeks, the 29th Annual United Nations (UN) Climate Change Conference (COP29) focused heavily on climate finance and implementing key strategies for global emissions reduction,… more

Climate Action Plan, Climate Change, COP, Environmental Summit, Financial Institutions

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David Kiefer

IBA Launches Site Visit Model Protocol for International Arbitration

On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best… more

Arbitration, Arbitrators, Dispute Resolution, International Arbitration, International Bar Association (IBA)

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John Kiely

Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Dr. Maximilian Kiemle

European Commission Seeks Comments on Revised Horizontal Guidelines Draft

On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well as… more

Anti-Competitive, Antitrust Provisions, Art, Comment Period, EU

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Heili Kim

A Brief Overview of California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act SB 54

Materials Covered by the Law SB 54 applies to single-use packaging that is routinely recycled, disposed of or discarded after its contents have been used or unpackaged. This includes items that are typically not refilled or… more

California, Environmental Policies, FIFRA, Penalties, Plastics

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Jun Won Kim

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions for… more

Acquisitions, Capital Markets, Cross-Border, EU, FinTech

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Mandy Kim

Ordinary Meaning: “Identifying” Doesn’t Mean Detecting; It Means Identifying

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decisions finding one set of challenged claims patentable and another set of challenged claims in the same patent unpatentable. The Court… more

Appeals, Claim Construction, Evidence, Patent Litigation, Patent Trial and Appeal Board

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Paul J. Kim

International News: International Tax

Health Care Private Equity Investments in India - A flurry of recent private equity (PE) investments in the Indian health care sector demonstrates strong investor appetite and opportunities. India is one of the fastest… more

Cross-Border, GILTI tax, Health Care Providers, India, North Korea

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Michael Kimberly

Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations

The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association (PCMA) v. Mulready that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several… more

Appeals, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Medicare Advantage

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Tyler Kimberly

Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported… more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

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Elyse Kirschner

[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,… more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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Sarah Kitchell

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Andreas Klaus, LL.M.

Economic Ownership of Shares Transferred as Collateral

Dividends from shares are taxable for shareholders, even if the dividends do not remain with them economically. This (not entirely new) finding can be gleaned from a recent Federal Fiscal Court (BFH) ruling in which the BFH… more

Beneficial Owner, Corporate Taxes, Dividends, Germany, Income Taxes

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Eric Klee

SEC Adopts Final Rules Concerning SPAC Initial Public Offerings and de-SPAC Transactions

On January 24, 2024, the US Securities and Exchange Commission (SEC) adopted final rules (Final Rules) related to initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and business combination… more

Final Rules, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Howard Kleinman

Cross-Border M&A: What Non-US Investors Should Know

In contemplating a potential acquisition in the United States, there are multiple considerations that require significant analysis to achieve the strategic goals of such acquisition. It is paramount to consider the… more

Acquisitions, CFIUS, Cross-Border, Cross-Border Transactions, Investment

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Robert Kline

Congressional Committee Takes Historic Step Toward Decriminalizing Marijuana

For the first time in American history, a congressional committee approved a marijuana legalization bill. On November 20, 2019, after more than two hours of debate, the House Judiciary Committee approved the Marijuana… more

Congressional Committees, Congressional Investigations & Hearings, Controlled Substances Act, Decriminalization of Marijuana, Expungement

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Tina Knecht

[Hybrid Event] Deal Academy 2023 – Photovoltaik - April 19th, Frankfurt/Main, Germany

Wir laden Sie wieder herzlich zu unserer McDermott Deal Academy ein – persönlich in Frankfurt und gleichzeitig virtuell per Live-Stream. Dieses Mal zum Thema Photovoltaik. Unsere Real Estate-, Fonds- und Steuer-Experten möchten… more

Asset Management, Banks, Contract Drafting, Energy Projects, Energy Sector

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Lauren Knizner

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Marie Knoll

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Matthew Knowles

DOJ-HHS False Claims Act Working Group will pursue healthcare, life sciences enforcement priorities

The US Department of Justice (DOJ) and the US Department of Health and Human Services (HHS) recently announced the relaunch of the DOJ-HHS False Claims Act Working Group, intended to “strengthen[] [the agencies’] ongoing… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Elliot Knuths

[Webinar] Trust & Estate Controversy Forum – Spring Session - June 10th, 9:00 am - 11:00 am PDT

Our latest interactive webinar focuses on multi-faceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they arise,… more

Beneficiaries, Continuing Legal Education, Estate Claims, Estate Planning, Fiduciary

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Tobias Koch

Vertrieb von geschlossenen Fonds – Zur Notwendigkeit von Widerrufsbelehrungen nach dem BGB

Beim Vertrieb von Investmentfonds und der Ausgestaltung der Fondsdokumentation sind Hinweise auf Widerrufsrechte zu beachten. Dies gilt nicht nur bei Publikumsfonds, sondern auch bei Spezialfonds, falls diese an „Verbraucher“… more

Civil Code, Closed-End Funds, EU, Germany, Investment Funds

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Marion Dalvai-König

REAL ESTATE UPDATE: Verordnungen zur Sicherung der Energieversorgung

ZUSAMMENFASSUNG UND FAQS FÜR GEWERBLICHE VERMIETER UND MIETER - Anlässlich der weltpolitischen Entwicklungen hat die Bundesregierung zwei Verordnungen zur Sicherung der Energieversorgung über kurzfristig wirksame Maßnahmen… more

Commercial Buildings, Commercial Property Owners, Commercial Real Estate Market, Energy Sector, Germany

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Samantha Koplik

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement… more

Borrowers, Capital Markets, Corporate Restructuring, Creditors, Debt Restructuring

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Todd Kornfeld

Key Takeaways | Alternative Capital-Raising Strategies in Challenging Times

During this session, the panelists shared alternative capital-raising financing strategies, including venture capital (VC), accelerators, spin-outs, bridge financing, licensing, and government agency support. They also discussed… more

Bridge Loan, Capital Raising, Equity Financing, Investment, Investors

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Dominika Korytek

IRS announces intent to withdraw controversial DPL rules

The US Department of the Treasury and the Internal Revenue Service (IRS) recently issued Notice 2025-44, announcing their intent to withdraw the controversial disregarded payment loss (DPL) rules finalized at the end of the… more

Comment Period, Corporate Taxes, Final Rules, Income Taxes, Internal Revenue Code (IRC)

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Nicolette Kost De Sèvres

From risk to relief: PE firm avoids prosecution with swift disclosure

In June 2025, the US Department of Justice (DOJ) announced that it declined to prosecute a private equity firm and its affiliates following the firm’s voluntary self-disclosure of criminal violations of US sanctions and export… more

Acquisitions, Bureau of Industry and Security (BIS), Department of Justice (DOJ), Due Diligence, Economic Sanctions

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Moyosore Koya

Healthcare Regulatory Check-Up Newsletter | May 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for May 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act (FCA)… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Mandates

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Stephen Kranz

Generative AI chatbot service not subject to Indiana sales tax

In one of the first pieces of administrative guidance addressing the sales tax treatment of generative artificial intelligence (AI) services, the Indiana Department of Revenue (DOR) recently issued a revenue ruling confirming… more

Artificial Intelligence, Department of Revenue, Machine Learning, New Guidance, Sales & Use Tax

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Elvira Kras

California Raises Minimum Wages for Healthcare Workers, Effective June 1, 2024

On October 13, 2023, California Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) into law. Effective June 1, 2024, the law raises the minimum wage for California healthcare employees and sets a new salary… more

California, Employees, Employer Liability Issues, Healthcare Workers, Labor Reform

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Andrew Kratenstein

Litigating Lending Agreements During and in the Aftermath of a Pandemic

As Coronavirus (COVID-19) continues to ravage the nation’s health and economy, in-progress deals are being reassessed by buyers, sellers and lenders. We review a number of issues that parties to financed transactions should… more

Borrowers, Construction Loans, Coronavirus/COVID-19, Damages, Force Majeure Clause

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Jason Krieser

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Christian Krohs

Antitrust M&A Snapshot - Q3 2024

The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger challengers… more

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

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Tessa Kroll

State court action doesn’t create reasonable apprehension of related federal claims

Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit… more

Appeals, Breach of Contract, Commercial Litigation, Declaratory Judgments, Federal Jurisdiction

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Toni Ann Kruse

[Webinar] Cutting Through the COVID-19 Chaos: Bullet-Proofing Your Estate Plan - June 2nd, 1:00 pm - 2:00 pm ET

Nobody wants their plans frustrated or ignored by their beneficiaries, the courts or even the executors and trustees left in charge. Half a dozen new and emerging processes and laws now allow fairly easy modifications to those… more

Beneficiaries, Continuing Legal Education, Coronavirus/COVID-19, Estate Planning, Executors

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Maria Kugel

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Jacob Kuipers

Massachusetts Provides Flexibility for Ch. 180 Corporation Governance During COVID-19

In April 2020, Massachusetts enacted emergency legislation that eases certain corporate governance requirements for the duration of the Commonwealth’s state of emergency, declared by the Governor on March 10, 2020, and for 60… more

Articles of Incorporation, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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Amit Kumar Saha

Don’t walk away: Trademark owner can’t bring infringement suit against co-owner

The US Court of Appeals for the Fifth Circuit upheld a district court’s summary judgment decision that a co-owner of a trademark cannot bring infringement or dilution claims under the Lanham Act against other co-owners or their… more

Appeals, Co-Ownership, Lanham Act, Summary Judgment, Trademark Infringement

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Max Küttner

A breakdown of the latest EU and UK antitrust M&A news

In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger… more

Competition Authorities, EU, European Commission, Horizontal Merger Guidelines, Innovation

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Julie Miraglia Kwon

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to… more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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Ludia Kwon

California Governor Signs Landmark Legislation That Gives Bargaining Power to Nonunionized Fast-food Workers

On September 5, 2022, California Governor Gavin Newsom signed landmark legislation aimed at further regulating the working conditions and wages of California’s fast- food workers. This bill has immediate impact on certain… more

Anti-Discrimination Policies, Anti-Retaliation Provisions, California, Consumer Price Index, Department of Industrial Relations

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Bradford LaBonte

Treasury Finalizes DPL Rules, Extends Transitional DCL Relief for Pillar Two Taxes

Since the proposed dual consolidated loss (DCL) and disregarded payment loss (DPL) rules were released in August 2024, taxpayers have been wondering whether these controversial regulations would be finalized before the end of… more

Compliance, Corporate Taxes, Final Rules, GILTI tax, Income Taxes

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Nicolas Lafont

France’s Renewable Energy Acceleration Bill Removes Barriers to Project Development

On February 8, 2023, the French Senate voted for the adoption of the Renewable Energy Acceleration Bill (Projet de loi relatif à l’accélération de la production d’énergies renouvelables) which was first introduced in September… more

Energy Projects, Energy Sector, France, Renewable Energy

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Christopher Lahiff

Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient

In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation… more

Bacardi, Class Action, Criminal Liability, Dismissals, Federal Food Drug and Cosmetic Act (FFDCA)

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Nabil Lakhal

Cartel Corner - July 2023

In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal… more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions, EU

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Sharon Lamb

What ICO guidance on anonymisation means for health and life sciences companies

What new guidance on anonymisation from the UK Information Commissioner’s Office (ICO) means for healthcare and life sciences companies… more

Anonymization, Data Privacy, Data Protection, General Data Protection Regulation (GDPR), Healthcare

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Robert Lamkin

Key Takeaways | Post-Uri Hedge Products for Storage and Renewables

During the latest webinar in our Energy Transition series, Partners Robert Lamkin and Jacob Hollinger hosted Louis Martinsen, vice president, origination at Boston Energy Trading and Marketing, for a 30-minute discussion… more

Energy Market, Energy Projects, Energy Sector, Energy Storage, Hedges

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Richard Lang

[Webinar] Cutting Through The Chaos: Off the Beaten Path: 6 Not-So-Obvious Planning Ideas - September 2nd, 1:00 pm - 2:00 pm EDT

Join McDermott presenters Timothy Halleron, Richard Lang and Carlyn McCaffrey as they describe six not-so-obvious planning ideas. In certain situations these creative planning techniques may be more effective than the usual… more

Continuing Legal Education, Estate Planning, Family Offices, Financial Planning, Private Trust Companies

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Jack Langlois

[Webinar] Navigating the New Energy Landscape - Impact on Oil & Gas - June 6th, 12:30 pm ET

Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for Impact on Oil & Gas where we will discuss the impact of the Inflation Reduction Act and… more

Clean Energy, Energy Market, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Frederick Lark

[Webinar] Infrastructure Funds: Private Credit Sources and Their Expanding Role in Project Finance - April 30th, 12:30 pm - 1:00 pm EDT

Join us for our newest webinar series, Energy Transition & Infrastructure Private Credit. Over the course of the series, hear from McDermott lawyers and industry-leading guest speakers as they discuss different topics shaping… more

Borrowers, Direct Lending, Energy Projects, Energy Sector, Infrastructure Financing

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Charles (Chuck) Larsen

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

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Connor Larson

Don’t get too comfy: Prosecution disclaimer also applies to design patents

Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury… more

Appeals, Claim Construction, Design Patent, Judgment As A Matter Of Law, Patent Applications

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Edwin Laurenson

Blockchain Tokens: The SEC Staff Issues Its Framework for Determining Whether an ICO is an Issuance of Securities

In its long-awaited guidance, the Staff of the Securities and Exchange Commission recently provided a lengthy list of factors to consider when determining whether an initial coin offering (ICO) is a security. While the Framework… more

Blockchain, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

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Irene Lé

Voluntary Dismissal Does Not Preclude Attorney’s Fees under Rule 54(d)

The US Court of Appeals for the Federal Circuit vacated a district court’s denial of attorney’s fees, finding that voluntary dismissal with prejudice constituted a final judgment for the purposes of FRCP Rule 54(d) under Ninth… more

Appeals, Patents, Rule 54, Voluntary Dismissals

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Vincent Leahey

Healthcare Regulatory Check-Up Newsletter | April 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2025, including Centers for Medicare & Medicaid Services (CMS) updates to Medicare Advantage (MA) and other Medicare programs… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Durable Medical Equipment, Enforcement Actions

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Henry Leaman

Washington State Further Restricts Noncompetition Agreements

Effective June 6, 2024, the state of Washington will further restrict the use of noncompetition agreements. This article provides background on the current law governing noncompetition agreements in Washington and walks through… more

Employees, Employer Liability Issues, Exceptions, Federal Bans, Federal Trade Commission (FTC)

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Marina Leary

Delaware Court of Chancery Upholds Identity-Based Voting Within Single Class of Stock

A recent opinion from the Delaware Court of Chancery reaffirmed a Delaware corporation’s ability to create a class of stock with voting power that is based on a formula in the certificate of incorporation (Charter) or on facts… more

Business Litigation, Controlling Stockholders, Corporate Governance, Shareholder Votes, Shareholders

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Jean LeBlanc

Inside M&A - Summer 2013

A Closer Look at Leveraged Dividend Recapitalizations - With merger and acquisition activity down over the course of 2012 into 2013, and a weak market for initial public offerings (IPOs), many private equity firms have… more

Collateralized Loan Obligations, Debtors, Dividends, Financing, Leveraged Loans

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Alan LeBlang

Healthcare Regulatory Check-Up Newsletter | June 2025 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for June 2025, including a new Centers for Medicare & Medicaid Services (CMS) innovation model; proposed rules with significant implications… more

Affordable Care Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Florian Lechner

Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in… more

Automotive Industry, Buyers, Germany, Manufacturers, OEM

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Alex Cheng-Yi Lee

The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill… more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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Andrew Lee

DOJ Prosecutes Attempted Collusion Among Business Competitors for First Time in Decades

On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when the… more

Anti-Competitive, Antitrust Division, Collusion, Criminal Prosecution, Department of Justice (DOJ)

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Anh Lee

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement… more

Borrowers, Capital Markets, Corporate Restructuring, Creditors, Debt Restructuring

See all updates »

Cathy Lee

CPPA Releases Proposed Updates to CCPA Regulations and Unveils New Draft Privacy Assessment and ADM Rules

On February 23, 2024, the California Privacy Protection Agency (CPPA) released proposed updates to the California Consumer Privacy Act (CCPA) regulations and draft updates to the Risk Assessment and Automated Decisionmaking… more

Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Privacy Laws, Regulatory Agenda

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Jae Hyun Lee

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Megan Lee

California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to… more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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Parker Lee

IRS Leans “Green”: Much-Awaited Section 45V Guidance Creates New Opportunities for Hydrogen Markets

On December 22, 2023, the Internal Revenue Service (IRS) published long-awaited proposed regulations for hydrogen tax credits under Internal Revenue Code (Code) Sections 45V and 48. The proposed regulations address many gating… more

Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Investment Tax Credits

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Ming Lei

Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care?

The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the… more

Commercial Contracts, Energy Sector, Louisiana, Mineral Leases, Oil & Gas

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Marianne Leikam

Annual EU Competition Review 2018

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU rendered… more

Antitrust Litigation, Antitrust Provisions, Cartels, Competition, Competition Authorities

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Jason Leonard

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore… more

Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Applications, Copyright Infringement

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Franziska Leubner

So bereiten sich Arbeitgeber auf die elektronische Arbeitsunfähigkeitsbescheinigung vor

Am 1. Januar 2023 ist es so weit – die elektronische AU-Bescheinigung kommt (endlich) auch ins Unternehmen. Bislang waren lediglich Ärztinnen und Ärzte verpflichtet, die Daten zur AU-Bescheinigung elektronisch weiterzugeben. Ab… more

Health Insurance, Information Requests, Sick Leave, Wages

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Jennifer Levengood

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Frederic Levenson

2023 Annual Health Report: Healthcare Private Equity

Private equity investment in healthcare reached an all-time high in 2022, with reports putting the overall deal value at a staggering $151 billion. But 2023 is shaping up to be a very different year, with investors pulling back… more

Bankers, Capital Markets, Healthcare, Inflation Adjustments, Interest Rates

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Michelle Leverkus

Energieeffizienz Im Gebäudesektor – Ein Überblick Über Die Gesetzlichen Massnahmen

Neues Solarpaket der Bundesregierung, neue Emissionsreduktionsziele der EU-Kommission, Sanierungs- und Solarpflicht für Gebäudeeigentümer, klimaneutrales Heizen, CO2-Abgaben, etc. – der Gebäudesektor steht aufgrund seiner… more

Energy Efficiency, Energy Projects, Energy Sector, EU, EU Directive

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Robert Levin

Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case

On August 10, 2022, a petition for writ of certiorari filed by Whirlpool Financial Corporation & Consolidated Subsidiaries and Whirlpool International Holdings S.a.r.l. & Consolidated Subsidiaries (collectively, Whirlpool) was… more

Amicus Briefs, Appeals, Foreign Earned Income, Internal Revenue Code (IRC), Luxembourg

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David Levine

New Trump Administration Tariff Developments

NOTE: This situation is fluid. Continue watching this page for updates. On February 1, 2025, using authority under the International Emergency Economic Powers Act (IEEPA) and other legal provisions, President Donald Trump… more

Canada, China, Executive Orders, Imports, International Trade

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Jonathan Levine

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Neil Levy

Key Takeaways | Outlook for Competitive Power in 2022

On February 2, Neil Levy and David Tewksbury, partners in McDermott’s Energy Regulatory, Markets & Reliability Practice Group, hosted Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), for an… more

Carbon Emissions, Energy Market, Energy Projects, Energy Sector, FERC

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Alexandra Lewis

Cartel Corner - July 2023

In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal… more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions, EU

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Elizabeth Lewis

2020 Health Antitrust Year in Review

The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,… more

Antitrust Division, Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Healthcare

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Casey Li

Trending in Telehealth: May 21 – May 27, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the… more

Digital Health, Health Care Providers, Healthcare, Healthcare Reform, Legislative Agendas

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Vincent Li

All the Way Up to the Second Circuit, and Back

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment made prior to discovery, holding that the district court abused its discretion in finding a draft contract agreement admissible under Federal… more

Abuse of Discretion, Appeals, Compensation, Discovery, Fair Share Contribution

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Andrew Liazos

FTC Final Noncompete Rule: Game Plan Checklist

With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to… more

Corporate Counsel, Employer Liability Issues, Employment Contract, Employment Litigation, Federal Trade Commission (FTC)

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Dr. Oliver Lieth

Automotive Finance Update: Aktualisiertes Merkblatt Der Bafin Zu Finanzierungsleasing

Die BaFin hat kürzlich ihr Merkblatt zur aufsichtsrechtlichen Einordnung von Finanzierungs-leasing aktualisiert. In seiner neuen Fassung ist das Merkblatt nun besser strukturiert und hinsichtlich einiger Aspekte eindeutiger… more

Automotive Industry, Automotive Loans, Financing, German Banking Act, Money Transfer

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Joanna Jung-Erh Lin

[Webinar] Digital Health Venture Series, Part 2: Preparing Your Start-Up for the Funding Process - December 15th, 1:00 pm - 2:00 pm EDT

The unique business opportunities created by digital health companies can carry heightened regulatory risks. As investors increase their focus on the digital health sector and as digital health companies engage in more complex… more

Business Opportunities, Capital Raising, Data Rights, Digital Health, Health Care Providers

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Kathryn Linsky

NYDFS Finalizes Amendments to Cybersecurity Regulation Impacting Financial Services Companies

On November 1, 2023, the New York Department of Financial Services (NYDFS) amended Part 500, the cybersecurity regulation. These updates follow numerous NYDFS enforcement actions and other new cybersecurity rules, such as the… more

Board of Directors, Corporate Governance, Corporate Management, Covered Entities, Cybersecurity

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Lisa Linsky

A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were… more

Corporate Misconduct, Criminal Prosecution, Former Employee, Former Employer, New Legislation

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David Lipkin

Coronavirus Impact on Private M&A Terms

The Coronavirus (COVID-19) pandemic is bringing unprecedented disruption to the private M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to… more

Acquisitions, Coronavirus/COVID-19, Due Diligence, Mergers

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Leon Liu

[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This… more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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Anthony Livshen

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Jonathan Lockhart

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Lisa Loesel

Employee Benefit Plans: Important Considerations for Year-End and 2025

For calendar-year plans, the 2025 plan year is right around the corner. And even for non-calendar-year plans, January 1, 2025, is a key implementation date for certain plan features. This is the ideal time for plan sponsors to… more

Benefit Plan Sponsors, Cybersecurity, Employee Benefits, Employer Group Health Plans, Employer Liability Issues

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Brian Long

New PCI DSS 4.0 Credit Card Compliance Requirements Effective April 1, 2025

As of April 1, 2025, all merchants and third-party service providers (TPSPs) involved in processing credit or debit card payments must fully adhere to the enhanced security requirements outlined in the Payment Card Industry Data… more

Compliance, Credit Cards, Data Protection, Data Security, Financial Services Industry

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Martha Louks

[Webinar] Compliance AI + Smart Lawyering: Maximizing Data to Stay Ahead of the DOJ’s Key Enforcement Areas - July 20th, 12:00 pm - 1:00 pm EDT

The US Department of Justice (DOJ) now has more ammunition and resources than ever to use data analytics in their investigations. The convergence of better technology, increasingly usable data sets, and the ripe combination of… more

Analytics, Antitrust Division, Antitrust Violations, Artificial Intelligence, Compliance

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Robert Louthian, III

One Big Beautiful Bill Act Has Many Impacts for Nonprofit Health Systems

The US House of Representatives passed its One Big Beautiful Bill Act on May 22, 2025 (the Act), but nonprofit health systems may not find much about the Act that’s attractive. If passed by the US Senate and signed into law, the… more

Employee Benefits, Executive Compensation, Federal Budget, Healthcare, Healthcare Reform

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Michelle Lowery

Antitrust Under Trump: June 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission… more

Antitrust Division, Antitrust Litigation, Biden Administration, Buyers, Department of Justice (DOJ)

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Peter Lu

Relaxation of Long-Standing Restrictions on Foreign Investment in the Healthcare Sector in China

The demand for medical services in China is growing, with the country’s ageing population set against its potential for economic development. A joint circular released by China’s Ministry of Commerce, National Health Commission… more

China, Foreign Direct Investment, Foreign Investment, Healthcare, Hospitals

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Max Lubin

Healthcare Regulatory Check-up Newsletter | March 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for March 2024. We summarize a US Court of Appeals for the Second Circuit decision interpreting the intent standard under the federal… more

Anti-Kickback Statute, Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Jibin Luke

[Webinar] Navigating the New Energy Landscape - Impact on Oil & Gas - June 6th, 12:30 pm ET

Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for Impact on Oil & Gas where we will discuss the impact of the Inflation Reduction Act and… more

Clean Energy, Energy Market, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Stacy Lutkus

When Insureds, Intermediaries and Business Partners File for Bankruptcy: Key Points for Non-US Insurers

“Bankruptcy is about financial death and financial rebirth. Bankruptcy is the great American story rewritten. We’re a nation of debtors.” -Elizabeth Warren Amid the Coronavirus (COVID-19) pandemic and related economic… more

Bankruptcy Code, Bankruptcy Court, Business Partners, Chapter 11, Chapter 7

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John Lutz

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Kathleen Lynch

The Conversation Continues: Some Post-Patent-Termination Royalties Are Acceptable

For the second time in less than two weeks, a circuit court decided an appeal hinging on the Brulotte rule, which holds that patent royalties are impermissible when based on payments for the use of expired patents. Like the US… more

Appeals, Intellectual Property Protection, Patent Expiration, Patent Litigation, Patent Royalties

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Damon Lyon

New Foreign Tax Credit Rules May Warrant Restructuring Foreign Branches

The 2017 Tax Act added a separate foreign tax credit limitation category, or basket, for income earned in a foreign branch. As a result, certain US groups may be limited in their ability to use foreign income taxes paid or… more

Federal Taxes, Foreign Tax, Foreign Tax Credits, Tax Credits

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Jilali Maazouz

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Taylor MacDonald

Specification controls: Written description must be clear

The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to… more

Appeals, CAFC, Claim Limitations, Intellectual Property Litigation, Intellectual Property Protection

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Niya Mack

OIG Final Rule Expands OIG Enforcement Authority to Grant and Contract Fraud

On June 27, 2023, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a final rule amending OIG’s civil money penalty (CMP) regulations implementing the 21st Century Cures Act (Cures… more

21st Century Cures Act, Amended Rules, CMP Law, Corporate Misconduct, Department of Health and Human Services (HHS)

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Lloyd MacNeil

Six Takeaways from Wind Turbine Vendor Update: A Conversation with GE Renewable Energy

McDermott hosted GE Renewable Energy North America Services Sales Leader Ben Stafford, Commercial Director of Onshore Wind for the North Region Rob Bienick and Commercial Director of Onshore Wind for the West Region Matt Lynch… more

Construction Industry, Coronavirus/COVID-19, Energy Projects, Energy Sector, General Electric

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Matthew Madden

No Loss, No Problem: SCOTUS Expands Wire Fraud Reach in Kousisis Ruling

On May 22, 2025, the Supreme Court of the United States (the Court) issued its opinion in Kousisis v. United States, holding that a defendant may be convicted of wire fraud for inducing a victim to enter a contract under… more

Appeals, Contract Disputes, Criminal Prosecution, False Claims Act (FCA), Fraudulent Inducement

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Aymen Mahmoud

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Tony Maida

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Brian Malkin

Special Report - 2022 FDA Year in Review

As the United States’ primary public health and consumer protection agency, the US Food and Drug Administration (FDA) regulates at least one quarter of the nation’s economy and exerts significant influence over global economies… more

Biologics, Clinical Laboratory Testing, Clinical Trials, Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA)

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Vlad Maly

Proposals For Relaxation of EU Securitization Framework

Vlad Maly and Michal Chajdukowski present the key takeaways from a package of amendments to the existing EU securitization framework, published by the European Commission on June 17, 2025. The proposals aim at incentivizing… more

Banking Sector, Capital Requirements, Capital Requirements Regulation (CRR), EU, Financial Markets

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Marcy Jo Mandel

OTA Finds CDTFA’s Audit Methodology Arbitrary

In Appeal of Colambaarchchi (OTA Case No. 21017152; 2023-OTA-302), a California-based retailer was audited by the California Department of Tax and Fee Administration (CDTFA) for years 2016 through 2019. Upon audit, CDTFA… more

Audits, California, Income Taxes, Sales Tax, Tax Appeals

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Henri Pieyre De Mandiargues

COVID-19 – Contingency Planning Checklist for Private Equity Portfolio Companies

Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and authorities… more

Acquisitions, Business Interruption, Capital Markets, Commercial Insurance Policies, Contract Terms

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James Mann

Connecticut Can’t Help Itself, Amends Consumer Privacy Law Again

On June 3, 2025, the Connecticut legislature passed a bill amending the Connecticut Data Privacy Act (CTDPA). The amendment introduces a variety of changes, including a broadening of the CTDPA’s applicability, changed… more

Connecticut, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

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Nicole Mann

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they… more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Aristotle Mannan

Special Report - Peering Into the Crystal Ball: Crypto Enforcement in a Second Trump Term

In November 2021, at the height of cryptocurrency’s “bull run,” the market capitalization for crypto reached a record of nearly $3 trillion. Just a year later, and shortly after FTX petitioned for Chapter 11 bankruptcy… more

Corporate Counsel, Cryptocurrency, Enforcement, Enforcement Priorities, Government Agencies

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Giulio Marconcin

Key Features of the New EU Product Liability Directive: Increased Potential for Litigation in the Technology, Pharmaceutical and Medical Device Sectors

On October 10, 2024, the Council of the European Union adopted the new EU Directive on Liability for Defective Products (New PLD), repealing Directive 85/374/EEC (PLD), adopted in 1985… more

Corporate Counsel, EU, EU Directive, Healthcare, Medical Devices

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Marine Margaryan

Creating a Cyber Volunteer Force: Strategy and Options

Critical infrastructure and essential services in the United States—especially small or rural service providers—are highly vulnerable to disruptions from cyber attacks. Given the ever-growing need for cybersecurity services in… more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Incident Response Plans, Nonprofits

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Adam Marks

Virtual Care Advancement | Outlook on CHRONIC Care Act and Other Federal Legislation

The Senate’s unanimous passage of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S.870) on September 26th is an encouraging step forward for modernizing telehealth access… more

Chronic Care Managment (CCM), Health Care Providers, Medicare, Outpatient Prospective Payment System (OPPS), Telehealth

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Chris Marshall

Design and Execution of a Cross-border Deal

Efficiently executing a cross-border transaction requires experience, pragmatism and a specialized skill set. We have closed transactions in more than 75 countries for buyers and sellers across the full spectrum of dealmaking,… more

Cross-Border Transactions, Disclosure Requirements, Financial Reporting, Jurisdiction, Rollover Equity

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Rob Marshall

Global Equity Plan Reporting Obligations for Calendar-Year 2025: Part One

Global equity plans are complex, and administration requires collaboration between various departments, including legal, human resources, payroll, and tax. Plan administrators (and their teams) should be aware of their reporting… more

Capital Markets, Corporate Governance, Corporate Taxes, Employee Benefits, Foreign Equity Securities

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Peter Marston

Prosecution history primacy: “Consisting essentially of” means what applicant said it meant

In a decision that underscores the primacy of prosecution history to determine claim scope, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s interpretation of the transitional phrase… more

Appeals, Claim Construction, Inter Partes Review (IPR) Proceeding, Life Sciences, Obviousness

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Patrick Martinez

[Webinar] Physician Alignment in Hospital/PPM Joint Ventures in 2024: A McDermott and Chartis Roundtable - January 18th, 12:00 pm - 1:00 pm ET

Hospitals and health systems are looking to improve the financial performance of their physician practices, and investor-backed physician practice management (PPM) companies have sophisticated practice management capabilities… more

Health Care Providers, Healthcare Facilities, Hospitals, Investors, Joint Venture

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Sydney Merritt Martinez

A need for speed: FDA piloting voucher program to expedite drug review

On July 22, 2025, the US Food and Drug Administration (FDA) started accepting applications to participate in the Commissioner’s National Priority Voucher (CNPV) pilot. This one-year initiative – announced on June 17 – aims to… more

Clinical Trials, Drug Pricing, Food and Drug Administration (FDA), Government Agencies, Healthcare

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Christina Martini

2023 IP Outlook: Developments in Trademark and Copyright Process and Procedure

Throughout 2022, the procedural rules of the US Patent and Trademark Office (PTO) and the newly formed Copyright Claims Board (CCB) underwent several developments. The PTO outlined a new administrative process for addressing… more

Copyright, Copyright Office, Corporate Counsel, Fraud, New Rules

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Dr. Christian Marzlin

Federal Court of Justice Tightens Data Room Disclosure Requirements for Sellers, M&A Advisors and Other Parties

I. Usual exclusion of liability for facts disclosed in the data room - In corporate acquisitions, the following market standard has become established for limiting the seller’s liability: A seller’s liability for a breach of… more

Acquisitions, Buyers, Disclosure Requirements, Documentation, Electronic Transaction

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Davide Massiglia

[Webinar] Novità Fiscali Fine 2020 - January 21st, 3:00 pm - 5:00 pm CET

Proseguendo una consuetudine dello Studio, che ha sempre raccolto l’interesse e l’approvazione da parte Vostra, abbiamo organizzato, quest’anno in formato webinar, un incontro sulle principali novità fiscali recentemente… more

Business Assets, Business Taxes, Corporate Taxes, Foreign Corporations, Income Taxes

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Alva Mather

Navigating the Regulatory Landscape for Private Label Alcohol

Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise… more

Alcohol Beverage Control, Antitrust Provisions, Best Practices, Regulatory Requirements, Retailers

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Stuart Mathews

New Limits to the UK SFO's Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations

On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office (SFO) did not have the authority under Section 2(3) of the Criminal Justice Act 1987 (the 1987 Act) to compel a foreign… more

Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), International Organizations

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Lauren Salas Mationg

Global Equity Plan Reporting Obligations for Calendar-Year 2025: Part One

Global equity plans are complex, and administration requires collaboration between various departments, including legal, human resources, payroll, and tax. Plan administrators (and their teams) should be aware of their reporting… more

Capital Markets, Corporate Governance, Corporate Taxes, Employee Benefits, Foreign Equity Securities

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Michinari Matsumoto

International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the… more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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Jacob Mattinson

OBBBA’s impact on employee benefit plans, programs, and arrangements

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. This sweeping tax and spending package affects large swaths of the US economy. Though reduced significantly from the original House version… more

Child Care, Coronavirus/COVID-19, Dependent Care, Employee Benefits, Employer Liability Issues

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Harry Denlegh-Maxwell

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Jane Wells May

[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with… more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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Jeffrey Maydew

Treasury Finalizes DPL Rules, Extends Transitional DCL Relief for Pillar Two Taxes

Since the proposed dual consolidated loss (DCL) and disregarded payment loss (DPL) rules were released in August 2024, taxpayers have been wondering whether these controversial regulations would be finalized before the end of… more

Compliance, Corporate Taxes, Final Rules, GILTI tax, Income Taxes

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Pierre-Arnoux Mayoly

International News: Focus on Private Equity

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by taking… more

Abuse of Dominance, China, Corruption, Data Privacy, Data Protection

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Erika Mayshar

Caution for Nonprofits Doing Business with Insiders: IRS Revokes 501(c)(3) Status Based on Management Company Relationship

Picture a 1,000-piece jigsaw puzzle of a frightening image with a single piece missing. No matter which piece is missing, the image is still frightening. Now picture the same jigsaw puzzle with 400 pieces missing. The image may… more

Board of Directors, Charitable Organizations, IRS, Tax Exempt Entities, Tax Exemptions

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Lisa Mazur

New Illinois law updates physical therapy standards for telehealth providers

On August 15, 2025, Illinois enacted Senate Bill (SB) 2153, which became effective on the date of signature. The legislation amends the Illinois Physical Therapy Act to remove various provisions that previously limited the… more

Digital Health, Health Care Providers, Illinois, New Legislation, Patient Access

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Giuseppe Mazzarella

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Carlyn McCaffrey

[Event] Private Client Roundtable - March 15th, Boston, MA

Thaw out with McDermott’s Tax and Private Client teams during our first (of many) Boston Private Client Roundtables where attendees can reconnect with peers in the tax, private client and wealth advisory space in the city. We… more

Estate Planning, Events, Family Limited Partnerships, Family Offices, High Net-Worth

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Mary Kay McCalla Martire

What to know about Illinois’s 2025 amnesty programs

On May 31, 2025, the Illinois General Assembly passed House Bill 2755, which contains three amnesty programs the state estimates will substantially increase its coffers. Illinois Governor JB Pritzker signed the bill into law on… more

Audits, Filing Deadlines, Franchise Taxes, Government Agencies, Legislative Agendas

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Stephanie McCann

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Brigid McCarthy

DOJ Demonstrates Commitment to COVID-19-Related Healthcare Enforcement with New Criminal Charges

On April 20, 2022, the US Department of Justice (DOJ) announced a nationwide coordinated law enforcement action focused on COVID-19-related healthcare fraud. In total, DOJ brought criminal charges against 21 individuals,… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Corporate Executives, Criminal Prosecution, Department of Health and Human Services (HHS)

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Michelle McCarthy

IRS Announces 2023 Employee Benefit Plan Limits

The Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the Social… more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Cost-of-Living Adjustment (COLA)

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Todd McClelland

US Federal Agencies Commit to Regulatory Enforcement of AI Systems

In a recent joint statement, several federal agencies warned that they will commit to enforcing their separate regulations against developers, deployers and users of AI systems, specifically citing civil rights, fair… more

Artificial Intelligence, Automation Systems, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Enforcement Actions

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Julie McConnell

[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation on… more

Arbitration Agreements, Continuing Legal Education, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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Drew Elizabeth McCormick

Breaking Down the New No Surprises Act FAQs Post-TMA III (June 2025 Update)

UPDATE: On May 30, 2025, the Fifth Circuit granted the TMA III plaintiffs’ petition for rehearing en banc, which was previously filed on December 16, 2024. Of note, the Fifth Circuit’s mandate has not yet been issued, so as a… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Dispute Resolution, Health Insurance

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Andrew McCune

Focus on Private Equity - Issue 2, June 2013

In This Issue: - Avoiding Repricing Pitfalls - America Invents Act: Practical Considerations for Portfolio Companies. - Excerpt from Avoiding Repricing Pitfalls: Perhaps it is no more than a result of a… more

America Invents Act, Covered Business Method Patents, First-to-File, Patent Reform, Patents

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Patrick McCurry

Key One Big Beautiful Bill Act implications for family offices and high-net-worth investors

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), the most significant US tax overhaul since the 2017 Tax Cuts and Jobs Act (TCJA). The OBBBA includes critical changes impacting family offices,… more

Capital Gains Tax, Closely Held Businesses, Estate Planning, Federal Budget, High Net-Worth

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Mara McDermott

[Event] 2023 J.P. Morgan Healthcare Conference - January 10th, San Francisco, CA

Come together with key decision-makers, innovators and investors from across the healthcare, life sciences and private equity (PE) industries during the year’s largest healthcare investment symposium… more

Biopharmaceutical, Digital Health, Events, Health Care Providers, Health Technology

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Sydney McDermott

Kissing cousins? SUNKIST and KIST deemed confusingly similar

The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in connection with soft drinks… more

Appeals, CAFC, Goods or Services, Likelihood of Confusion, Reversal

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Kate McDonald

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

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Krista McDonald

Circuit Split Remains Unresolved After ERISA Case Settles

On September 20, 2018, the US Supreme Court dismissed—pursuant to settlement—an ERISA lawsuit that could have resolved the circuit split over who holds the burden of proof in ERISA breach of fiduciary duty cases. In Pioneer… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP, Retirement Plan

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Jessica McGahie Sawyer

Privacy Framework 1.1 Gets a Tune-Up in NIST’s Latest Draft Update

On April 14, 2025, the National Institute of Standards and Technology (NIST) released a draft update to the NIST Privacy Framework 1.1. The updates are meant to enhance organizations’ data governance and risk management and… more

Artificial Intelligence, Corporate Governance, Cybersecurity, Data Privacy, Data Protection

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Elise McGee

[Webinar] Private Client Virtual Forum | CryptoTrustees – Estate Planning & Cryptocurrency - June 17th, 10:00 am - 11:00 am PDT

Join us as we discuss the issues facing trustees and individuals holding cryptocurrency or seeking to invest in cryptocurrency. We will explore the evolving regulatory environment as well as evolving estate planning… more

Continuing Legal Education, Cryptocurrency, Digital Assets, Estate Planning, Investors

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Sandra McGill

[Event] 2022 TAX IN THE CITY® CHICAGO: A WOMEN’S TAX ROUNDTABLE - December 6th, Chicago, IL

Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with… more

Compensation & Benefits, Employee Benefits, Events, Federal Taxes, Internal Revenue Code (IRC)

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James McGlaughlin

The English Arbitration Act 2025: Developments in the Lex Arbitri of a Leading Jurisdiction for International Arbitration

On 24 February 2025, the Arbitration Act 2025 entered into force, introducing various amendments to the Arbitration Act 1996. The amendments introduced do not effectuate a large-scale reform of the arbitration law of England and… more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, International Arbitration

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Paul McGrath

New Duty on UK Employers to Prevent Sexual Harassment

From 26 October 2024, UK employers will be subject to a new positive duty to prevent sexual harassment of workers in the course of their employment. The new preventative duty is set out in the Worker Protection (Amendment of… more

Corporate Culture, Employees, Employer Liability Issues, Employment Policies, Hostile Environment

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Daniel McGuire

TTB Label Approval System Survives First Amendment Challenge from DC Brewery

I. Factual Background - During the 34-day government shutdown occurring between December 2018 and January 2019, producers and importers of beer, wine and distilled spirits needing label approval to bring new products to… more

Beer, Beverage Manufacturers, Breweries, COLA, Distilleries

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Laura McLane

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost certainly… more

Appeals, Constitutional Challenges, False Claims Act (FCA), Florida, Litigation Strategies

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Charles McMahon

[Ongoing Program] Session 4: IP Litigation - September 28th, 10:00 am - 11:00 am KST

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot see… more

Automotive Industry, Forum, FRAND, Intellectual Property Litigation, Intellectual Property Protection

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Dana McSherry

DOJ-HHS False Claims Act Working Group will pursue healthcare, life sciences enforcement priorities

The US Department of Justice (DOJ) and the US Department of Health and Human Services (HHS) recently announced the relaunch of the DOJ-HHS False Claims Act Working Group, intended to “strengthen[] [the agencies’] ongoing… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Michael McStay

HPE Miami 2023 | Current Issues and Trends in Purchase Agreement Negotiations and Rep & Warranty Insurance

During this session, Gregory Metz, partner and co-head of McDermott’s Private Equity Practice Group, and Partner Michael McStay moderated a panel that discussed current issues and trends in purchase agreement negotiations and… more

Acquisitions, Buyers, Financing, Healthcare, Insurance Industry

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Rosemary McSwiney

The Hidden Value of Assets in the United Kingdom: Are You Making the Most of Your Real Estate?

Traditional trading businesses naturally focus primarily on their operating business, but often are unaware of the relatively simple options available to ensure they are making the most of their real estate assets. In a… more

Coronavirus/COVID-19, Ground Leases, Leaseback, Real Estate Market, Sales

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Brian Mead

Florida expands rules favoring noncompetes while other states limit them further

2025 has been a busy year for new state legislation on employee restrictive covenant agreements, particularly in the healthcare sector. While several states have pushed forward new legislation restricting employee restrictive… more

Florida, Healthcare, Healthcare Reform, Healthcare Workers, Maryland

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Stefano Mechelli

International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements… more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Kevin Meek

On the Stand With Kevin Meek

Kevin Meek litigates patent disputes in federal courts across the country, before the US International Trade Commission, and in post-grant proceedings before the US Patent and Trademark Office. He has led dozens of trials… more

Career Development, Litigation Strategies, Professional Development, Trial Attorneys, Trial Preparation

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Mark Meredith

New York City’s Wage Transparency Law to Take Effect November 1, 2022

On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their… more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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Lois Mermelstein

No Supremacy Clause Preemption Where State Statute Doesn’t Conflict With Federal

The US Court of Appeals for the Fifth Circuit explained that ordinarily, when state law contradicts with federal law, the state law may be preempted by the federal law under the US Constitution’s Supremacy Clause. However, under… more

Appeals, Constitutional Challenges, Drug Compounding, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA)

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William Merry

The UK Economic Crime & Corporate Transparency Act 2023: What companies need to know and what they can do to prepare

The UK Economic Crime & Corporate Transparency Act 2023 sets out two major reforms making it much easier for UK authorities to prosecute corporate wrongdoing: - it substantially increases the circumstances in which a company… more

Corporate Crimes, Corporate Transparency Act, Criminal Prosecution, Employer Liability Issues, Financial Crimes

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Carolyn Metnick

Navigating Data Privacy Questions Post-Dobbs

The US Supreme Court’s recent decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization has raised many questions about potential efforts by law enforcement agencies to obtain data from healthcare and… more

Abortion, Biden Administration, Data Collection, Data Privacy, Department of Health and Human Services (HHS)

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Gregory Metz

Market Update: Investments in Healthcare Education on the Rise

Partners Julia Boyd, Marshall Jackson, Jr., and Gregory Metz explored the increasing investment activity at the intersection of education and healthcare during a recent panel that featured Dina Said Dwyer, founder of Eden… more

Digital Health, Healthcare, Investment, Investment Management, Investors

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Dr. Maximilian Meyer

Wichtige Aspekte des Koalitionsvertrags 2025 aus Immobilien- und Steuersicht

Wohnen, Bauen, Klima: Die Wohn- und Klimapolitik im Koalitionsvertrag 2025 - Mit dem Koalitionsvertrag 2025 hat sich die Bundesregierung ehrgeizige Ziele für den Wohnungsbau, das Mietrecht, die kommunale Wohnungspolitik und die… more

Affordable Housing, Climate Change, Energy Policy, Germany, Housing Market

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Nicholas Meyer

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Brett Meyerhoff

Not Just a Blip: Section 101 as Affirmative Defense

On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the… more

Abstract Ideas, Affirmative Defenses, Alice/Mayo, Claim Construction, Motion to Amend

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Sarah Mezini

Appeal is too late to raise percolating claim construction dispute

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an argument… more

Appeals, Claim Construction, Intellectual Property Litigation, Noninfringement, Patent Infringement

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Charlotte Michellet

Conseil d’Etat Delivers Long-Awaited Clarity on Regulation of Veterinary Clinics

In a noteworthy (and long-awaited) set of case laws issued on July 10 2023, the Conseil d’Etat delivered four rulings on the shareholding and governance rules applicable to veterinary companies (Nos. 442911 and 452448), and on… more

Animal Health, Corporate Governance, France, Investment Management, Regulatory Requirements

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Mark Mihanovic

SEC Adopts Final Rules Concerning SPAC Initial Public Offerings and de-SPAC Transactions

On January 24, 2024, the US Securities and Exchange Commission (SEC) adopted final rules (Final Rules) related to initial public offerings (IPOs) by special purpose acquisition companies (SPACs) and business combination… more

Final Rules, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Jennifer Mikulina

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Marika Miller

Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE – What’s Next?

The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the… more

Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Health Care Providers

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Kishan Mistry

Deadlines for the Adoption of Clawback Policies Extended

On June 9, 2023, the US Securities and Exchange Commission (SEC) approved amendments to clawback policy listing standards proposed by the New York Stock Exchange (NYSE) and the Nasdaq Stock Market LLC (Nasdaq) that extend the… more

Clawbacks, Listing Standards, Nasdaq, NYSE, Regulatory Reform

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Gregory Mitchell

Budget reconciliation’s effect on New York’s Medicaid and Essential Plan funding

The budget reconciliation process resulting in the One Big Beautiful Bill Act, which was enacted on July 4, 2025, contains many significant changes to the Medicaid program. Many of the changes, such as those related to work… more

Federal Budget, Federal Funding, Health Insurance, Healthcare, Healthcare Reform

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Richard Mitchell

CMS Announces New GUIDE Model for People Living with Dementia and Their Caregivers

The US Centers for Medicare & Medicaid Services (CMS) recently announced a new, voluntary and nationwide test model designed to support two rapidly growing demographic groups: people living with dementia, and their unpaid… more

Caregivers, Centers for Medicare & Medicaid Services (CMS), Dementia, Healthcare, Healthcare Reform

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Anisa Mohanty

FDA Issues Final Guidance on Informed Consent in Clinical Investigations

On August 15, 2023, the US Food and Drug Administration (FDA) finalized Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors (final guidance). This document finalizes, with new examples and limited updates… more

Clinical Trials, Coronavirus/COVID-19, Food and Drug Administration (FDA), Healthcare, Informed Consent

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Milo Molfa

The English Arbitration Act 2025: Developments in the Lex Arbitri of a Leading Jurisdiction for International Arbitration

On 24 February 2025, the Arbitration Act 2025 entered into force, introducing various amendments to the Arbitration Act 1996. The amendments introduced do not effectuate a large-scale reform of the arbitration law of England and… more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, International Arbitration

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Charles Moll, III

Key Takeaways | IRS & FTB: Ultra High-Net-Worth Targets, Taxes & Tips

This session of the Private Client West Cost Forum 2024 explored the current state of audits and tax controversy and shared practical advice to prepare for challenges ahead of a contest with the IRS or Franchise Tax Board (FTB)… more

Audits, Dispute Resolution, Enforcement, Fast Track Process, Franchise Tax Board

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Mary Moll Alexandre

Food as Medicine: A Deep Dive Into Reimbursement

The topic of “food as medicine” has gained increased attention recently, driven by a growing recognition of the role nutrition plays in preventing and managing chronic diseases. This article provides a high-level overview of the… more

Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Government Agencies, Health Insurance, Medicaid

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David Momborquette

[Webinar] Hedge Fund Legal & Compliance Roundtable - March 3rd, 4:30 pm - 5:30 pm EST

Join us for a virtual roundtable discussion regarding the changing securities regulatory and enforcement landscape. The election of Joe Biden and his subsequent nomination of Gary Gensler as the next chairman of the US… more

Biden Administration, Compliance, Enforcement Actions, Hedge Funds, Insider Trading

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Austin Mooney

CPPA Puts the Brakes on Honda’s Data Privacy Practices

On March 7, 2025, the California Privacy Protection Agency (CPPA) issued a settlement order imposing a $632,500 fine on American Honda Motor Co., Inc. for violations of the California Consumer Privacy Act (CCPA). The CPPA… more

Automotive Industry, California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights

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Brian Moore

Treasury Finalizes DPL Rules, Extends Transitional DCL Relief for Pillar Two Taxes

Since the proposed dual consolidated loss (DCL) and disregarded payment loss (DPL) rules were released in August 2024, taxpayers have been wondering whether these controversial regulations would be finalized before the end of… more

Compliance, Corporate Taxes, Final Rules, GILTI tax, Income Taxes

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M. Read Moore

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to… more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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Patrick Moore

This Week in 340B: February 11 – 17, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Department of Health and Human Services (HHS), Health Care Providers, Healthcare, HRSA, Medicare

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Charlotte Moorhouse

New Duty on UK Employers to Prevent Sexual Harassment

From 26 October 2024, UK employers will be subject to a new positive duty to prevent sexual harassment of workers in the course of their employment. The new preventative duty is set out in the Worker Protection (Amendment of… more

Corporate Culture, Employees, Employer Liability Issues, Employment Policies, Hostile Environment

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Anne-France Moreau

Investment Opportunities in TechBio and Pharma Services - European Health & Life Sciences Symposium 2025

In April 2025, McDermott once again hosted its annual European Health & Life Sciences Symposium at the Shangri-La hotel in Paris. Attended by some 300 delegates from across the industry, participants including investors,… more

Artificial Intelligence, Biotechnology, Innovation, Investment, Investors

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Laura Morelli

Intellectual Property & Health | News To Know – June 2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used… more

Appeals, Biotechnology, Cosmetics, Dietary Supplements, EU

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Michael Morgan

Data breach litigation targets wine company: Lessons for alcohol industry players

On July 30, 2025, a wine producer was sued in connection with a cyberattack that allegedly compromised the data of at least 26,000 customers. Among other things, the complaint alleges that the company failed to implement… more

Class Action, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Diane Morgenthaler

Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some… more

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

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Simon Mortier

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Massimiliano Moruzzi

The EU Artificial Intelligence Act: What's the Impact?

The EU Artificial Intelligence Act (or “AI Act”) is the world’s first legislation to regulate the use of AI. It leaves room for “technical soft law”; but, inevitably (being the first and being broad in scope), it will set… more

Artificial Intelligence, China, Code of Conduct, Data Privacy, Data Security

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Erica Moscarello

[Webinar] Cutting Through the COVID-19 Chaos: Strategies for Investing in Private Funds in Uncertain Times - June 25th, 1:00 pm - 2:00 pm ET

Join a team of McDermott corporate partners for an interactive discussion on investor considerations and hurdles arising from the current investing landscape when making investments in private equity and hedge funds, such… more

Accredited Investors, Continuing Legal Education, Coronavirus/COVID-19, Hedge Funds, Investment Funds

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Jonathan Motto

AML/BSA Compliance Deadline Approaching for Private Trust Companies

On September 15, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that requires state chartered non-depository trust companies, including private trust companies (PTCs), to implement anti-money… more

Anti-Money Laundering, BSA/AML, Comptroller, FinCEN, Investment Trust Companies

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Joseph Mulherin

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US Immigration… more

Audits, Department of Homeland Security (DHS), E-Verify, Employee Rights, Employer Liability Issues

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Frank Müller

ESMA-Leitlinien zu (ESG-)Fondsnamen – Neue BaFin-Verwaltungspraxis: Hintergrund, Inhalt, praktische Auswirkungen

Mit Meldung vom 25. Juli 2024 hat die BaFin mitgeteilt, dass sie die Leitlinien für Fondsnamen der Europäischen Wertpapier- und Marktaufsichtsbehörde (ESMA) in Ihrer Verwaltungspraxis berücksichtigen wird. Diese werden die… more

AIFM, BaFin, Climate Change, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA)

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Isabelle Suzanne Müller

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Justin Murphy

On the stand with Justin Murphy

A former federal prosecutor, Justin Murphy represents corporate and individual clients involved in government enforcement cases, including complex antitrust matters, fraud allegations and all phases of white-collar criminal and… more

Department of Justice (DOJ), Federal Prosecutors, Investigations, Litigation Strategies

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Thomas J. Murphy

DOJ Revamps Corporate Criminal Enforcement Policies with Continued Emphasis on Compliance

At a September 15, 2022, speech at New York University School of Law, US Deputy Attorney General (Deputy AG) Lisa Monaco announced several new policies intended to further the aggressive stance the US Department of Justice (DOJ)… more

Cooperation, Corporate Counsel, Corporate Governance, Corruption, Criminal Investigations

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Amanda Murray

[Webinar] 2022 Labor & Employment Legal Update - December 7th, 10:00 am - 11:30 am PST

Following a whirlwind year, that included a transition to a new presidential administration and a constantly evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we will… more

Continuing Legal Education, Coronavirus/COVID-19, Criminal Background Checks, Duty to Bargain, Employer Liability Issues

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Anne Elkins Murray

DOJ Unveils New Plan for White-Collar Crime and Corporate Enforcement

The US Department of Justice’s (DOJ’s) current approach to corporate criminal enforcement has come into focus with the issuance of a new White-Collar Enforcement Plan and several revised policy documents. The changes, which… more

Corporate Crimes, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions

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Claire Murray

An Update on the UK Trust Registration Service

On 6 October 2020, the Fifth Money Laundering Directive ((EU) 2018/843) (MDL5)) was implemented to reinforce the United Kingdom’s money laundering regime. This had the effect of tremendously broadening the scope of the types of… more

Compliance, HMRC, Money Laundering, Registration Requirement, Reporting Requirements

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Larissa Mussi

How Cross-Border M&A May Be Impacted by Trump Administration Tax Reform

President-elect Donald Trump is set to return to the White House with Republicans narrowly securing both the US Senate and the US House of Representatives. Having control of both chambers positions the party well to pursue… more

Acquisitions, Corporate Taxes, Cross-Border, Mergers, Pillar 2

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Michael Nadel

[Webinar] Data License Agreement Litigation – What You Need to Know - October 28th, 12:30 pm - 1:30 pm EDT

Data license agreements have been a hot ticket item of the digital health market and are here to stay. With the exponential growth in licensed data, including de-identified patient data, data license agreement litigation and… more

Asset Protection, California Consumer Privacy Act (CCPA), Commercial Litigation, Contract Disputes, Contract Drafting

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Melissa Najjar

CMS Issues Medicare Drug Price Negotiation Initial Guidance, First Inflation Rebate List

On March 15, 2023, the Centers for Medicare and Medicaid Services (CMS) issued initial program guidance related to implementation of the Medicare Drug Price Negotiation Program. CMS requested public comments on selected portions… more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part B

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Chris Nason

West Coast Forum 2023 | Key Takeaways

McDermott’s Private Client Practice led interactive discussions on a broad range of topics pertinent to ultra-high-net-worth families, their family office representatives and other advisors at our Private Client West Coast Forum… more

Charitable Donations, Corporate Transparency Act, Cryptocurrency, Employees, Employer Liability Issues

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Lisa Nassi

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

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Sabine Naugès

Quarterly Sanctions Update | Q2 2025

In the second quarter of 2025, EU and UK sanctions policy continued to take shape against a complex and shifting geopolitical backdrop. The European Union sharpened its focus on Russia’s ‘shadow fleet’ by proposing new… more

Compliance, Economic Sanctions, EU, Export Controls, Financial Institutions

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Maria Navarro

HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy… more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

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Mark Nebergall

Generative AI chatbot service not subject to Indiana sales tax

In one of the first pieces of administrative guidance addressing the sales tax treatment of generative artificial intelligence (AI) services, the Indiana Department of Revenue (DOR) recently issued a revenue ruling confirming… more

Artificial Intelligence, Department of Revenue, Machine Learning, New Guidance, Sales & Use Tax

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Sam Crockett Neel

The PPP Turns Four: Lessons Learned and What Lies Ahead

Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved… more

Audits, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Federal Loans

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J. Christian Nemeth

How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat

Thanks to two cases about federally mandated observers on fishing boats, judicial deference to agencies is likely to soon get weaker – and more unpredictable – with wide-ranging impacts for employee benefits. Less deference to… more

Benefit Plan Sponsors, Chevron Deference, Department of Health and Human Services (HHS), Department of Labor (DOL), Employees

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Alan Nesburg

DOL Issues Final Electronic Disclosure Rule for Retirement Plans

Under the final rule published by the US Department of Labor on May 21, 2020, retirement plan administrators can choose to deliver required disclosures electronically by complying with the conditions of a new safe harbor. The… more

Department of Labor (DOL), Disclosure Requirements, Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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David Nestler

COVID-19 Considerations for Private Investment Funds

The recent coronavirus pandemic presents significant challenges for private investment fund sponsors. Navigating these challenges requires proactively addressing risks and thoughtfully considering the following issues… more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

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Monica Neuman

New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973… more

Americans with Disabilities Act (ADA), Department of Health and Human Services (HHS), Department of Justice (DOJ), Disabilities, Healthcare

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Joshua Neumann

Healthcare Regulatory Check-Up Newsletter | October 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for October 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False Claims… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Convictions, Department of Health and Human Services (HHS), Enforcement Actions

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Lauren Nevidomsky

COVID-19 Considerations for Private Investment Funds

The recent coronavirus pandemic presents significant challenges for private investment fund sponsors. Navigating these challenges requires proactively addressing risks and thoughtfully considering the following issues… more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

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Maddie News

McDermott+ Check-Up – August 22, 2025

Congress continues a quiet recess. Lawmakers will be back on September 2, 2025. CMS releases final FY 2026 payment regulations. The Centers for Medicare & Medicaid Services (CMS) updated payment rates in the final fiscal year… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Department of Education, Department of Health and Human Services (HHS), Drug Pricing

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Kelly Newsome

DOJ Revives FCPA Enforcement With Narrower Scope

On February 10, 2025, President Donald Trump issued an executive order pausing new Foreign Corrupt Practices Act (FCPA) investigations for 180 days (the EO). The EO directs the US Department of Justice (DOJ) to review existing… more

Bribery, Department of Justice (DOJ), Enforcement Actions, Executive Orders, Foreign Corrupt Practices Act (FCPA)

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Caroline Ngo

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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A. Shane Nichols

Revisiting Trade Secret Strategies Following the FTC’s Ban on Noncompete Agreements

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements… more

Disclosure, Employees, Employer Liability Issues, Employment Contract, Federal Bans

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Stavroula (Lina) Nikolaidou

International Legal Highlights | Winter 2023

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for… more

Acquisitions, Capital Markets, Competition, Corporate Governance, Corruption

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Simeon Niles

The Ambulatory Specialty Model: MIPS, MVPs, and APMs, oh my!

Stakeholders in the Medicare value-based care world have without a doubt heard of the Merit-based Incentive Payment System (MIPS), MIPS Value Pathways (MVPs), and alternative payment models (APMs). While all these initiatives… more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Healthcare, Healthcare Reform, Medicare

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Dr. Alexa Ningelgen

Spotlight on the “Partner Countries” Exemption from Sanctions against Russia

From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to… more

Economic Sanctions, EU, France, General Licenses, Germany

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Lynn Nonnemaker

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Anisa Noorassa

Valve turned: Prosecution history estoppel applies to closely related claims

The US Court of Appeals for the Federal Circuit reversed a jury’s infringement finding, concluding it was precluded by prosecution history estoppel. Colibri Heart Valve LLC v. Medtronic CoreValve LLC, Case No. 23-2153 (Fed. Cir… more

Appeals, CAFC, Estoppel, Patent Infringement, Patent Litigation

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David Noren

The Proposed US Tax Regime for Non-US Investors and Companies

On May 22, 2025, the US House of Representatives narrowly passed a sweeping $3.8 trillion tax reconciliation package known as the One Big Beautiful Bill Act. The legislation now moves to the US Senate, where significant… more

Corporate Taxes, Foreign Corporations, Foreign Investment, International Tax Issues, Investors

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Bella North

What ICO guidance on anonymisation means for health and life sciences companies

What new guidance on anonymisation from the UK Information Commissioner’s Office (ICO) means for healthcare and life sciences companies… more

Anonymization, Data Privacy, Data Protection, General Data Protection Regulation (GDPR), Healthcare

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Abigail Nott

UK Labour Party's Statement on Non-Dom Tax Reforms

Following the UK Government’s 6 March announcement of tax reforms for the current “non-dom” tax regimes, the opposition Labour party has begun to outline how its plans would differ if they win the next UK general election. In a… more

Capital Gains, Income Taxes, Inheritance Tax, International Tax Issues, Tax Reform

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Sumaya Noush

SB 1998 Would Add Consent Requirement for PE, Hedge Fund Healthcare Transactions in Illinois

On February 6, 2025, the Illinois state legislature introduced Senate Bill (SB) 1998, aiming to implement an additional layer of scrutiny to covered transactions that are financed by private equity groups or hedge funds. The… more

Acquisitions, Antitrust Division, Antitrust Provisions, Consent, Healthcare

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Michaela Novakova

MHRA Updates its Timeline for Medical Device Regulatory Changes in the UK

The MHRA recently published an update on its plans for MedTech regulatory change. The update confirmed that the new framework will be introduced through four statutory instruments to update and replace the UK Medical Devices… more

Life Sciences, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), Regulatory Reform, Regulatory Standards

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Caroline Noyrez

European Health Data Space Regulation enters into force

March 26, 2025, marked a pivotal moment in the EU with the European Health Data Space Regulation, (EU) 2025/327 (“EHDS Regulation”), coming into force. The EHDS represents a transformative initiative by the European Union aimed… more

Cybersecurity, Data Privacy, Data Protection, Digital Health, Electronic Medical Records

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Kristen O'Brien

Back to school: What’s new on the reg menu?

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. August 28, 2025 – For some of us (like me and my colleague Kristen O’Brien), this week marks the end of summer vacation and the… more

Centers for Medicare & Medicaid Services (CMS), Executive Orders, Final Rules, Medicaid, Medicare

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Shawn O'Brien

The Employee Retention Credit: A court challenge to IRS guidance

Case: Stenson Tamaddon LLC v. IRS, No. CV-24-01123-PHX-SPL, 2025 WL 1725942 (D. Ariz. June 20, 2025) On June 20, 2025, the US District Court for the District of Arizona denied a motion for summary judgment that was filed by… more

Administrative Procedure Act, Employment Litigation, Government Agencies, IRS, Judicial Authority

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Katharine O'Connor

DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a… more

Antitrust Division, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Riley O'Farrell

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

On December 11, 2024, the US Court of Appeals for the Fifth Circuit vacated the US Securities and Exchange Commission’s (SEC) order approving The Nasdaq Stock Market LLC’s (Nasdaq) board diversity rules, holding that the rules… more

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

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David O'Leary

Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating… more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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Dan O'Neil

Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some… more

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

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Brian Oaks

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore… more

Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Applications, Copyright Infringement

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Dr. Marc Oberhardt

[Webinar] Deal Academy 2020 | Immobilien Deals in Krisenzeiten - October 28th, 10:00 am - 11:00 am CET

Wir laden Sie auch in diesem Jahr wieder herzlich zu unserer McDermott Deal Academy ein – 2020 als interaktives Online-Seminar. Mit unseren Experten aus den Bereichen Real Estate, Regulatory und Restructuring wollen wir wieder… more

Asset Management, Banking Sector, Buyers, Coronavirus/COVID-19, Default

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James Oehler

For Deterrence: Inherent Power to the Rescue to Punish Meritless Lawsuit

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to use its inherent power to award deterrence sanctions for filing a nuisance patent infringement lawsuit. PS Products Inc. v. Panther Trading… more

Appeals, Attorney's Fees, Design Patent, Inherent Authority, Patent Infringement

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Ashley Ogedegbe

CMS Implements First Major Updates to Lab Personnel Requirements in 30+ Years

On December 28, 2024, a long-awaited Centers for Medicare & Medicaid Services (CMS) final rule became effective, significantly updating laboratory personnel requirements under Subpart M of the Clinical Laboratory Improvement… more

Centers for Medicare & Medicaid Services (CMS), CLIA, Clinical Laboratories, Compliance, Department of Health and Human Services (HHS)

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Chelsea Olivera

Healthcare Regulatory Check-Up Newsletter | December 2023 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for December 2023. We discuss several civil and criminal enforcement actions that involve alleged violations of the False Claims… more

Advisory Opinions, Anti-Kickback Statute, Clinical Trials, Department of Health and Human Services (HHS), False Claims Act (FCA)

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Thomas Olson

AML/BSA Compliance Deadline Approaching for Private Trust Companies

On September 15, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that requires state chartered non-depository trust companies, including private trust companies (PTCs), to implement anti-money… more

Anti-Money Laundering, BSA/AML, Comptroller, FinCEN, Investment Trust Companies

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Adetoro Olugbemi

Trending in Telehealth: January 22 – 29, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the… more

Digital Health, Final Rules, Interstate Compacts, Legislative Agendas, Medicaid

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Fatema Orjela

Credit Conditions | Q4 2024

Welcome to this edition of Credit Conditions, a quarterly publication from McDermott Will & Emery that analyzes recent debt market trends. The fourth quarter of 2024 marked a pivotal moment in the debt market, as the Federal… more

Acquisitions, Capital Markets, Capital Raising, Federal Reserve, Financial Markets

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Riley Orloff

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Eric Orsic

SEC Launches New Crypto Task Force

On January 21, 2025, US Securities and Exchange Commission (SEC) Acting Chairman Mark T. Uyeda announced the formation of a new crypto task force. This initiative aims to develop a comprehensive and clear regulatory framework… more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Dr. Jens Ortmanns

Die elektronische Signatur in der mietrechtlichen Vertragspraxis

Mietverträge einfach, schnell und rechtssicher elektronisch abschließen? Bislang eine eher seltene Ausnahme. Wir stellen die gesetzlich vorgesehenen Möglichkeiten vor – sowohl für den Abschluss von Mietverträgen als auch für… more

Commercial Contracts, Digital Signature Standards, E-SIGN, E-Signatures, Electronic Communications

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Joanne Osendarp

New Antidumping & Countervailing Duty Petitions on Certain Aluminum Foil

On September 29, 2020, a petition was filed seeking antidumping (AD) duties on Certain Aluminum Foil (CAF) from Armenia, Brazil, Oman, Russia and Turkey, and countervailing (CVD) duties on imports of CAF from Oman and Turkey… more

Aluminum Sales, Anti-Dumping Duty, Armenia, Brazil, CAF

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Andrea Otaola

European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference… more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

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Elena Otero

Florida Passes Bill to Incentivize Affordable Housing Development

In March 2023, Florida Governor Ron DeSantis signed Senate Bill 102, also known as the Live Local Act (the Act), into law. The bill surpasses historical records for the state, represents the largest investment in housing… more

Affordable Housing, Florida, Governor DeSantis, Housing Developers, Housing Market

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Alexander Ott

A New Vision: Collateral Estoppel Doesn’t Extend to Related Claims

The US Court of Appeals for the Federal Circuit reversed a district court order excluding expert validity testimony based on collateral estoppel stemming from an inter partes review (IPR) proceeding of a related patent, finding… more

Appeals, Collateral Estoppel, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Infringement

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Astrid Owen

[Webinar] US Taxation of Grantor/Non-Grantor Trusts - June 24th, 3:00 pm BST

Astrid Owen leads this interactive webinar to discuss the US taxation of US beneficiaries and US settlors of non-US trusts. The benefit of using non-US grantor trusts established by a non-US person for US beneficiaries cannot… more

Beneficiaries, Estate Planning, Foreign Trusts, Grantor Trusts, Income Taxes

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James Owens

Final Comment Period Anticipated Next Week for Emergency Regulations on California’s New Healthcare Transaction Notice Law

On November 28, 2023, California’s Office of Health Care Affordability (OHCA) published a notification of proposed emergency regulatory action indicating that OHCA is planning to submit the proposed regulations to the Office of… more

California, Comment Period, Healthcare, Healthcare Reform, Proposed Regulation

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Stephen Page

US healthcare offshoring: Navigating patient data privacy laws and regulations

Unlike other sectors, US healthcare businesses must reconcile cost-saving strategies with stringent compliance obligations, especially when patient data crosses national borders or is accessed overseas… more

Data Privacy, Data Protection, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, International Data Transfers

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Caroline Ruiz Palmer

Annual European Competition Review 2020

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There… more

Cartels, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), EU, European Commission

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Emily Palmer

Hospital at Home - CMS Expands Payments to Hospitals for Care Provided in Patient Homes

On April 30, 2020, the Centers for Medicare and Medicaid Services (CMS) published an interim final rule (IFR) that made regulatory changes and clarified certain policies in response to the Coronavirus (COVID-19) public health… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Interim Final Rules (IFR), Medicaid

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Leah Palmer

No Loss, No Problem: SCOTUS Expands Wire Fraud Reach in Kousisis Ruling

On May 22, 2025, the Supreme Court of the United States (the Court) issued its opinion in Kousisis v. United States, holding that a defendant may be convicted of wire fraud for inducing a victim to enter a contract under… more

Appeals, Contract Disputes, Criminal Prosecution, False Claims Act (FCA), Fraudulent Inducement

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Carlo Maria Paolella

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Katherine Pappas

Federal Circuit lacks jurisdiction over award that doesn’t raise issue of patent law

The US Court of Appeals for the Federal Circuit determined that it lacked appellate jurisdiction over a district court judgment confirming an arbitration award stemming from a dispute over royalties paid under patent license and… more

Appeals, Appellate Courts, Arbitration Awards, Contract Disputes, Federal Arbitration Act

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James Pardo

Litigation Pacing During the Pandemic

How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which… more

Commercial Litigation, Coronavirus/COVID-19, Depositions, Dispute Resolution, Electronic Filing

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Raymond Paretzky

New Trump Administration Tariff Developments

NOTE: This situation is fluid. Continue watching this page for updates. On February 1, 2025, using authority under the International Emergency Economic Powers Act (IEEPA) and other legal provisions, President Donald Trump… more

Canada, China, Executive Orders, Imports, International Trade

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Amol Parikh

On repeat: Separate accrual rule doesn’t apply to continuing harm from infringing act

The US Court of Appeals for the First Circuit affirmed a district court’s dismissal of a copyright lawsuit as time barred, finding that the separate accrual rule does not apply to continuing harm from a single infringing act… more

Appeals, Appellate Courts, Cause of Action Accrual, Copyright, Copyright Infringement

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Joseph Parise

New York Governor Proposes Cost Market Impact Review, Expanded Disclosures for Material Transactions With Healthcare Entities

On January 21, 2025, New York Governor Kathy Hochul released the FY 2026 New York State Executive Budget, which proposed to impose a “cost market impact review” (CMIR) for certain “material transactions” involving “health care… more

Competition, Disclosure Requirements, Healthcare, Legislative Agendas, Mergers

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Christopher Parker

A Socially Distanced Ceremony: Virtual Execution of Estate Planning Documents

Remote witnessing and notarization is quickly becoming the new normal for executing estate planning documents. Instead of an in-person meeting, a witness or notary who is outside the physical presence of the signatory uses… more

Coronavirus/COVID-19, England, Estate Planning, Governor Cuomo, Governor DeSantis

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Eric Parnes

US Department of Commerce Solicits Public Comment on Section 232 Investigation into the Effect of Imports of Neodymium Magnets on US National Security

The US Department of Commerce’s (Commerce) Bureau of Industry and Security has initiated an investigation under Section 232 of the Trade Expansion Act of 1962 to determine the effects on US national security from imports of… more

Biden Administration, China, Enforcement Actions, Imports, National Security

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Anthony Paronneau

Transaction and Financing Trends in Life Sciences - European Health & Life Sciences Symposium 2025

In April, McDermott was pleased to once again host our annual European Health & Life Sciences Symposium in Paris. Welcoming a crowd of more than 300 innovators, investors, business leaders and advisers from across the industry,… more

Acquisitions, Biotechnology, EU, Financing, Investment

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Parashar Patel

Inpatient Prospective Payment System (IPPS) Data Dashboard (UPDATED)

What is the cost of a knee implant in the inpatient setting? How much does Medicare pay for different types of cardiac valve procedures? How have Medicare inpatient volumes changed over time for inpatient hip and femur… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Costs, Healthcare Facilities, Hospitals

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Keith Pattiz

International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery and… more

Annulment, Antitrust Litigation, Business Interruption, EU, European Commission

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Nick Paul

Need a Do-Over? IRS Expands and Updates Qualified Plans Correction Guidance

The Internal Revenue Service (IRS) issued Revenue Procedure 2021-30, which provides an updated version of the Employee Plans Compliance Resolution System (EPCRS). EPCRS is the IRS’s comprehensive program for plan sponsors to… more

Audits, Benefit Plan Sponsors, Corporate Counsel, Employee Benefits, EPCRS

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Stephen Pavlick

Still Tax, Even Without the Distributed Cash

The IRS recently issued guidance on the tax treatment, withholding and reporting for required distributions from tax-qualified retirement plans. Plan sponsors should contact their retirement vendors and trustees to ensure that… more

401k, Benefit Plan Sponsors, Employee Benefits, Income Taxes, Individual Retirement Account (IRA)

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Dawn Peacock

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Nicole Pearl

Key Takeaways | Planning Ahead for Successful Post-Death Administration

This session of the Private Client West Cost Forum 2024 discussed best avenues for family offices and their advisors to consider when managing a complex post-death administration, including steps to address and anticipate future… more

Audits, Estate Planning, Estate Tax, Family Offices, IRS

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Mark Pearlstein

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously… more

21st Century Cures Act, Appeals, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Samantha Pearsall

Trending in Telehealth: January 6 – 27, 2025

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the… more

Digital Health, Health Care Providers, Healthcare Reform, New Legislation, Proposed Legislation

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Dr. Frederic Peine

Geplante Digitalisierung Des Gesellschaftsrechts: Die Eu-gesellschaftsbescheinigung

Im grenzüberschreitenden Rechtsverkehr stoßen Akteure oft auf das Problem, dass nationale Handelsregisterdaten schwer vergleichbar sind. Das Fehlen verlässlicher Registerinformationen in einigen Mitgliedstaaten führt zudem zu… more

Corporate Governance, Cross-Border, Cross-Border Transactions, EU, EU Directive

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Michael Peregrine

[Webinar] Addressing DOJ’s New Compliance Focus on Executive Compensation - April 20th, 2:00 pm - 3:00 pm ET

The new compliance focus on executive compensation, as announced by the US Department of Justice (DOJ) on March 3, 2023, has significant implications for how healthcare organizations address both corporate compliance and… more

Board of Directors, Clawbacks, Compliance Commitees, Corporate Executives, Department of Justice (DOJ)

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Brianna Perez

Montana Pump Fakes a Requirement for Money Transmitters

Against a backdrop of near-daily enforcement actions and constant regulatory changes, Montana inched into the fray by publishing a letter calling on money transmitters to make a submission to the Montana Department of Banking of… more

Banking Sector, Crypto Exchanges, Cryptocurrency, Financial Institutions, Money Transmitter

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Paola Perin

[Webinar] Get Ready To Go Back To School: What You Might Have Missed This Summer In Data Privacy - September 29th, 1:30 pm - 2:30 pm CEST

We are delighted to welcome you to our next webinar “Get Ready to Go Back to School: What You Might Have Missed this Summer in Data Privacy” which will cover the following topics: - The Digital Services Act, Digital Market… more

Artificial Intelligence, Binding Corporate Rules, Data Privacy, Data-Sharing, Digital Service Providers

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Lester Perling

Reforms to the Florida Patient Self-Referral Act: A Closer Look at the Impact of SB 768

Florida Senate Bill 768 (SB 768) amends the Florida Patient Self-Referral Act of 1992 (PSRA), which regulates financial arrangements between referring healthcare providers and providers of healthcare services. This amendment,… more

Billing, Florida, Health Care Providers, Healthcare, Healthcare Reform

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Allison Perlman

Key takeaways | Financing the energy transition: capital strategies for a changing landscape

Policy uncertainty and market disruption: Panelists expressed concerns over proposed legislative changes, such as the begin of construction cliff and tax credit phase-downs, which could jeopardize over $300 billion in clean… more

Capital Markets, Clean Energy, Data Centers, Energy Sector, Infrastructure

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Felicia Gerber Perlman

Key takeaways | Navigating financial distress: Strategies for hospitals and health systems

Hospitals and health systems are facing significant financial and operational challenges, including inadequate reimbursements, rising labor costs, and regulatory and economic uncertainties. These hurdles, coupled with the One… more

Centers for Medicare & Medicaid Services (CMS), Chapter 11, Financial Distress, Hospitals, Medicaid

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Romain Perray

Data Privacy and Cybersecurity Developments We Are Watching in 2025

The act of predicting what will become the dominating storyline of data privacy and cybersecurity in 2025 is a hazardous enterprise, as one is almost surely to get something wrong. Without fail, every year, regulators and the… more

Artificial Intelligence, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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Matthew Perreault

[Event] Value-Based Care Symposium 2024 - May 16th - 17th, Nashville, TN

WHERE VALUE-BASED CARE MEETS THE BUSINESS OF HEALTHCARE - Join hundreds of c-suite leaders, investors, operators and counsel in the healthcare capital of the United States for a deep dive into the key business and policy… more

Best Practices, Business Development, Business Model, Business Opportunities, Continuing Legal Education

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Shelby Perry

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market volatility… more

Appeals, Bonds, Collaboration, Copyright Ownership, Coronavirus/COVID-19

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Alessio Persiani

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Alexander Piala, PhD

Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)… more

Appeals, Canada, Copyright, Copyright Infringement, Copyright Registration

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Sara Vittoria Piccinni

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Amy Pimentel

CPPA moves closer to finalizing amended CCPA regulations

As the California Privacy Protection Agency (CPPA) prepares for its July 24, 2025, meeting, it released a revised set of California Consumer Privacy Act (CCPA) regulations that contain modest changes to the ones it released in… more

Amended Regulation, California, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy

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Fabrice Piollet

Design and Execution of a Cross-border Deal

Efficiently executing a cross-border transaction requires experience, pragmatism and a specialized skill set. We have closed transactions in more than 75 countries for buyers and sellers across the full spectrum of dealmaking,… more

Cross-Border Transactions, Disclosure Requirements, Financial Reporting, Jurisdiction, Rollover Equity

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Diana Pisani

Legal Lens on the UPC | Q2 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, European Commission, Germany, Jurisdiction, Litigation Strategies

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Mauro Pisano

New From January 2024 | Participation Exemption for European Corporations on Disposal of Shareholdings

The Italian government recently approved a draft 2024 budget law which provides for the extension of the domestic participation exemption regime on disposal of shareholdings (PEX) to those non-resident corporations that: (i) are… more

Corporate Entities, Corporate Taxes, EU, European Economic Area (EEA), Income Taxes

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Arianne Plasencia

IRS Issues Final Regulations Concerning Withholding on Partnership Interest Transfers

The US Department of the Treasury and Internal Revenue Service (IRS) recently issued final regulations under section 1446(f), a provision enacted as part of the Tax Cuts and Jobs Act of 2017 (TCJA) that generally imposes a… more

Income Taxes, IRS, New Regulations, Partnership Interests, Partnerships

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Elena Platte, LLM

Neuigkeiten zum neuen Heizungsgesetz / Änderung des Gebäudeenergiegesetzes

Nach der Entscheidung des Bundesverfassungsgerichts soll der Bundestag nun nach der parlamentarischen Sommerpause im September über das auch als Heizungsgesetz bezeichnete Gesetz “zur Änderung des Gebäudeenergiegesetzes, zur… more

Climate Action Plan, Climate Change, Energy Sector, Germany, Green Buildings

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Dr. Dirk Pohl

International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence (the… more

American Bar Association (ABA), Compliance, Coronavirus/COVID-19, Corporate Counsel, Corporate Crimes

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Vernessa Pollard

[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration… more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Nicole Pomerantz

Texas Bills Would Implement Notice Requirements for Healthcare Transactions

In February 2025, Texas Representative James Frank (R) and Texas Senator Kelly Hancock (R) introduced bills to implement notification requirements for healthcare transactions. House Bill (H.B.) 2747 and Senate Bill (S.B.) 1595… more

Acquisitions, Healthcare Facilities, Hospitals, Mergers, Notice Requirements

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William Pomierski

Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over… more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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Marisa (Reese) Poncia

Heard at the 2025 Antitrust Law Section Spring Meeting

The American Bar Association Antitrust Law Section’s annual Spring Meeting took place from April 2 to 5 in Washington, DC. The Spring Meeting features updates from federal, state, and international antitrust enforcers and… more

Acquisitions, Antitrust Provisions, Consumer Protection Laws, Department of Justice (DOJ), Enforcement Actions

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Daniel Powers

Court Denies FTC Bid to Halt Novant-CHS Deal

On June 5, 2024, the US District Court for the Western District of North Carolina denied the Federal Trade Commission’s (FTC) petition to enjoin Novant Health Inc.’s (Novant) acquisition of Community Health Systems Inc.’s (CHS)… more

Acquisitions, Asset Purchase Agreements, Federal Trade Commission (FTC), Health Care Providers, Hospital Mergers

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Frédéric Pradelles

Minority Stakes, Major Consequences: Lessons From the Delivery Hero/Glovo Case

On 2 June 2025, the European Commission (the Commission) announced a landmark decision, sanctioning companies for the first time over a standalone “no-poach” cartel agreement. Another key element of the decision was its focus on… more

Acquisitions, Antitrust Litigation, Antitrust Violations, Cartels, Competition

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Maria Cristina Rosales del Prado

Navigating the UTPR and ISDS: Implications in the EU

The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that… more

Compliance, Corporate Governance, Corporate Taxes, Dispute Resolution, EU

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Eric Preston

IRC Section 280E Will No Longer Apply if Marijuana Is Rescheduled

On May 16, 2024, the US Department of Justice submitted a Notice of Proposed Rulemaking (NPRM) to reschedule marijuana from Schedule I to Schedule III within the Controlled Substances Act… more

Controlled Substances Act, Department of Justice (DOJ), Internal Revenue Code (IRC), IRC Section 280E, Marijuana

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Samuel Preston

Proposed Disregarded Payment Loss Rules Create Traps for the Unwary

Be wary: The US Department of the Treasury’s proposed disregarded payment loss (DPL) regulations lay surprising new traps for multinational taxpayers – and those ensnared are unlikely to see what’s coming. Under the… more

Business Income, Corporate Entities, Corporate Taxes, Foreign Entities, IRS

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Jack Price

Biden-Harris Administration’s Proposed Vehicle Pollution Standards Will Spur EV Adoption, Cut Nearly 10 Billion Tons of Co2 Emissions

As part of its push to transition the American automotive industry to electric vehicles (EVs), the Biden-Harris administration has proposed two new vehicle pollution standards. The first rule targets greenhouse emissions from… more

Automotive Industry, Biden Administration, Electric Vehicles, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA)

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Melissa Moszkowski Price

HPE Miami 2023 | Preparing Your Company for a Transaction

The first session of HPE Miami 2023 put a spotlight on key considerations for founders as they navigate the pre-transaction process… more

Buyers, Corporate Sales Transactions, Due Diligence, Healthcare, Investment Adviser

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Renate Prinz

Barrierefreiheitsstärkungsgesetz (BFSG) und die betroffenen Bankdienstleistungen

Am 28. Juni 2025 tritt das Barrierefreiheitsstärkungsgesetz (BFSG) in Kraft. Das Kernziel des BFSG ist es, allen Menschen die barrierefreie Teilhabe am Wirtschaftsleben zu ermöglichen. So ist die Teilhabe an digitalen Produkten… more

Banking Sector, Banks, Compliance, Consumer Protection Laws, EU

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Kevin Qian

[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This… more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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Molly Qin

[Event] 3rd Annual Shanghai Life Sciences Forum - November 12th, Shanghai, China

MWE China Law Offices and its strategic alliance partner McDermott Will & Emery are proud to co-host our annual Shanghai Life Sciences Forum in partnership with the Redefining Early Stage Investments (RESI) conference. This… more

Acquisitions, Corporate Governance, Cross-Border Transactions, Events, Foreign Investment

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Shurong Qu

[Webinar] International Trade Compliance Update - October 19th, 9:30 pm ET

Join us on October 19 (ET), October 20 (CST) 2021 for a virtual event held jointly by Fangda Partners (China) and McDermott Will & Emery (US and Europe). In this webinar we will be focusing on recent international trade… more

Biden Administration, China, Economic Sanctions, EU, Executive Orders

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Kathleen Quinn

Pennsylvania Supreme Court Rules Coupon Amounts Are Not Subtracted from Sales Tax Base Unless Sales Receipt Adequately Describes Taxable Item and Coupon

Overturning a 6-1 en banc decision by the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court held that a coupon does not reduce the price upon which sales tax must be collected unless the coupon is adequately… more

Class Action, Coupons, Department of Revenue, En Banc Review, PA Supreme Court

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Barry Quirke

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Sarah Raaii

OBBBA’s impact on employee benefit plans, programs, and arrangements

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. This sweeping tax and spending package affects large swaths of the US economy. Though reduced significantly from the original House version… more

Child Care, Coronavirus/COVID-19, Dependent Care, Employee Benefits, Employer Liability Issues

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Sarah Raben

Weekly IRS Roundup June 20 – June 23, 2023

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the shortened week of June 20, 2023 – June 23, 2023. (June 19 is a federal holiday.)… more

Coronavirus/COVID-19, Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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Ludovica Rabitti

Quarterly Sanctions Update | Q2 2025

In the second quarter of 2025, EU and UK sanctions policy continued to take shape against a complex and shifting geopolitical backdrop. The European Union sharpened its focus on Russia’s ‘shadow fleet’ by proposing new… more

Compliance, Economic Sanctions, EU, Export Controls, Financial Institutions

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Paul Radensky, MD

Federal Court Strikes Down LDT Final Rule

On March 31, 2025, the US District Court for the Eastern District of Texas struck down the US Food and Drug Administration’s (FDA) final rule under which FDA would have started regulating most laboratory-developed tests (LDTs)… more

Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Final Rules, Food and Drug Administration (FDA)

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Sunay Radia

International News: Spotlight on the Energy Industry - Issue 2 2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors to… more

Asia, Biden Administration, Clean Energy, Climate Change, Energy Sector

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Charles de Raignac

Legal Lens on the Unified Patent Court | October 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent… more

Appeals, EU, European Patent Office, France, Germany

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Deepika Raj

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amended Complaints, Amicus Briefs, Breach of Contract, Business Litigation, Case Consolidation

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Manuel Rajunov

Mexican Federal Government Submits Proposed 2022 Economic Plan

Last month, the Mexican federal government sent the proposed 2022 Economic Plan (the Proposal) to the Congress of the Union, which includes the 2022 Federal Budget, as well as the 2022 Revenue Law (Ley de Ingresos) and proposed… more

Capital Markets, Economic Action Plan, Federal Budget, Financing, Income Taxes

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Kavya Rallabhandi

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi… more

Appeals, Appellate Courts, Breach of Contract, Damages, Federal Rules of Civil Procedure

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Devina Rana

UKREiiF 2025: Key Takeaways From a Week of Ideas, Energy, and Collaboration

Alongside the glorious Yorkshire sunshine, what stood out most during this year’s UKREiiF was the energy and enthusiasm shared by so many across the UK real estate sector. In a year where market momentum hasn’t been as strong as… more

Infrastructure, Innovation, Investment, Real Estate Development, Real Estate Investments

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Alexander Randolph

Labor Law Update: Union Certification Without Winning the Employee Vote

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized… more

Employees, Employer Liability Issues, Labor Certifications, Labor Regulations, Labor Relations

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David Ransom

Granholm Confirmed as Energy Secretary

Today, Jennifer Granholm was confirmed as secretary of energy, winning US Senate approval by a 64–35 vote. Granholm’s confirmation serves as another boost to President Joe Biden’s plan to tackle climate change and develop clean… more

Clean Energy, Climate Change, Confirmation Proceedings, Electric Vehicles, Energy Sector

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Priya Rathakrishnan

M+ Check-Up: August 2, 2024

Senate HELP Committee Marks Up Public Health Program Reauthorizations. The bills would reauthorize several programs related to older adults, individuals with developmental disabilities and individuals with traumatic brain… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules, Healthcare, Healthcare Reform

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Leigh Ratino

Biden Signs Executive Order to Boost Electric Vehicle Battery Supply and US Auto Supply Chains

On Wednesday, US President Joe Biden signed an Executive Order to create more resilient supply chains, with a special focus on supply chains affecting the US auto industry, including electric-vehicle batteries… more

Battery, Biden Administration, Electric Vehicles, Executive Orders, Manufacturers

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Annabelle Rau

A step towards CSRD implementation in Germany: The new draft bill of 10 July 2025

On 10 July 2025, the Federal Ministry of Justice presented a revised draft bill for the implementation of Directive (EU) 2022/2464 (Corporate Sustainability Reporting Directive – “CSRD”) as amended by Directive (EU) 2025/794… more

Corporate Sustainability Reporting Directive (CSRD), Environmental Social & Governance (ESG), EU, European Commission, Germany

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Dr. Stephan Rau

[Event] European Health and Life Sciences Symposium 2023 - November 7th, Paris, France

We can't wait to see you in Paris at our second annual symposium. You'll meet with senior executives in the health, life sciences and private equity industries to identify new investment opportunities and position your company… more

Artificial Intelligence, Events, Financing, Health Care Providers, Health Information Technologies

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Sagar Ravi

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July… more

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

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James Ravitz

A need for speed: FDA piloting voucher program to expedite drug review

On July 22, 2025, the US Food and Drug Administration (FDA) started accepting applications to participate in the Commissioner’s National Priority Voucher (CNPV) pilot. This one-year initiative – announced on June 17 – aims to… more

Clinical Trials, Drug Pricing, Food and Drug Administration (FDA), Government Agencies, Healthcare

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Kevin Regan

Board Motives Matter: Delaware Supreme Court Remands Dilutive Stock Sale Case

The following case (link) should serve as a cautionary tale for directors of Delaware corporations when taking actions that may disenfranchise stockholders, especially in the election of directors. The Delaware Supreme… more

Appeals, Board of Directors, Controlling Stockholders, Corporate Governance, DE Supreme Court

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Lindsey Reighard

Coronavirus Impact on Private M&A Terms

The Coronavirus (COVID-19) pandemic is bringing unprecedented disruption to the private M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to… more

Acquisitions, Coronavirus/COVID-19, Due Diligence, Mergers

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Caroline Reignley

CMS proposes RPM reimbursement updates, requests information on reimbursing for SaaS

Over the past several years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to recognize and pay for non-face-to-face services that improve care management for… more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Digital Health, Healthcare, Healthcare Reform

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Kelsey Reinhardt

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amended Complaints, Amicus Briefs, Breach of Contract, Business Litigation, Case Consolidation

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Sarah Reis

Healthcare Regulatory Check-Up Newsletter | May 2025

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for May 2025, including the rollout of a new Centers for Medicare & Medicaid Services (CMS) strategy to expand and enhance Medicare… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

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Jay Reiziss

Significant Third-Party Discovery Too Complex for ITC Early Disposition Program

The US International Trade Commission (ITC) denied a proposed respondent’s request to use the early disposition program to determine whether a complainant met the domestic industry requirement in a Section 337 investigation. The… more

Discovery, Dispositions, International Trade Commission (ITC), Investigations, Section 337

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Cathy Ren

CA Senate amends AB 1415 to reinsert MSO reporting requirements

On June 27, 2025, the California Senate amended Assembly Bill (AB) 1415 to add back in a reporting requirement for management services organizations (MSOs) undergoing a sale of a material amount of assets or change of control… more

Acquisitions, California, Health Care Providers, Hedge Funds, New Legislation

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David Revcolevschi

International News: Spotlight on ESG, Impact & Sustainability

ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social… more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment Funds

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Joshua Revilla

Claim construction misstep undoes injunction

The US Court of Appeals for the Federal Circuit vacated and remanded a preliminary injunction (PI), finding that the district court improperly construed a claim term based on references cited in a provisional application but… more

Appellate Courts, CAFC, Claim Construction, Patent Infringement, Patent Invalidity

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Stephen Reynolds

Data breach litigation targets wine company: Lessons for alcohol industry players

On July 30, 2025, a wine producer was sued in connection with a cyberattack that allegedly compromised the data of at least 26,000 customers. Among other things, the complaint alleges that the company failed to implement… more

Class Action, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Sophie Rezki

International News: Spotlight on Innovation - Issue 60

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court simplifying… more

Artificial Intelligence, EU, Financial Regulatory Reform, Healthcare, Innovative Technology

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Alexa (Lexi) Riccolo

Special Report - CMS Unwinds Waivers as the COvid-19 PHE Comes to an End

At the onset of the COVID-19 PHE, CMS was permitted to issue several temporary emergency statutory and regulatory waivers to help providers appropriately respond to the pandemic. On May 1, 2023, the Secretary released a memo… more

Acute Facilities, Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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Rebecca Richard

State laws on AI hiring tools persist after One Big Beautiful Bill Act

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald Trump’s… more

Algorithms, Artificial Intelligence, Discrimination, Employer Liability Issues, Employment Discrimination

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Rebecca Richardson

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all plaintiffs,… more

Adverse Employment Action, Affirmative Action, Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Civil Rights Act

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Lisa Richman

Navigating the UTPR and ISDS: Implications in the EU

The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that… more

Compliance, Corporate Governance, Corporate Taxes, Dispute Resolution, EU

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Dr. Monika Emilia Richter

Investment Opportunities in TechBio and Pharma Services - European Health & Life Sciences Symposium 2025

In April 2025, McDermott once again hosted its annual European Health & Life Sciences Symposium at the Shangri-La hotel in Paris. Attended by some 300 delegates from across the industry, participants including investors,… more

Artificial Intelligence, Biotechnology, Innovation, Investment, Investors

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James Riedy

Supreme Court Unanimously Upholds Creditability of UK Windfall Tax

In a rare unanimous decision with potentially far-reaching impact on taxpayers claiming foreign tax credits, the Supreme Court of the United States ruled that a “windfall tax” imposed by the United Kingdom was creditable under… more

EU, SCOTUS, Windfall Tax

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Allyson Riemma

[Event] Efficient and Early Resolutions: Best Practices to Resolve Disputes Sooner Rather than Later - October 13th, Chicago, IL

Today’s legal departments face increased litigation risk in certain areas and must seek to manage costs amidst economic pressures. Although resolving a case may be hard to swallow at times, it may be the best business decision… more

Best Practices, Continuing Legal Education, Corporate Counsel, Dispute Resolution, Events

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Katelyn Ringrose

New US Data Security Program limits sensitive data transfers

The United States Data Security Program (DSP) represents a significant regulatory undertaking by the US government to control the flow of bulk sensitive data to specific foreign countries, for national security purposes… more

China, Data Protection, Data Security, Department of Justice (DOJ), Executive Orders

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Laureen Risse

Update zum „Stechuhr“-Beschluss des BAG

Nach dem sog. „Stechuhr“-Beschluss des Bundesarbeitsgerichts („BAG“) vom 13. September 2022 (1 ABR 22/21), über welchen wir auf unserem Blog hier berichteten, wurde der volle Entscheidungstext zur bisher lediglich vorliegenden… more

Employees, Employer Liability Issues, EU, European Court of Justice (ECJ), Germany

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Dominik Rissmann

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard essential… more

Appeals, Court of Justice of the European Union (CJEU), EU, European Commission, FRAND

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Jay Rivlin

[Event] 2019 Private Client East Coast Forum - November 21st, New York, NY

The unique needs of ultra-high net worth families, their family office representatives and other advisers are multidimensional and ever-evolving. Join us November 21 for McDermott Will & Emery’s Private Client East Coast Forum,… more

Aircraft, Aircraft Financing, Client Services, Confidential Information, Estate Planning

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Andrew Roberson

Supreme Court Punts on Attorney-Client Privilege Question

In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal advice… more

Appeals, Appellate Courts, Attorney-Client Privilege, Dismissals, Dual Purpose

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John Robert

The Inflation Reduction Act: Overview of New Corporate Minimum Tax

On August 7, 2022, the US Senate passed the Inflation Reduction Act of 2022 (the Act), a budget reconciliation bill recently introduced by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV). The bill… more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, Income Taxes

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Ziva Robertson

[Webinar] Trust & Estate Controversy Forum – Spring Session - June 10th, 9:00 am - 11:00 am PDT

Our latest interactive webinar focuses on multi-faceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they arise,… more

Beneficiaries, Continuing Legal Education, Estate Claims, Estate Planning, Fiduciary

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Sujatha Rochford

Watermelon Sugar: Candy Shape and Color Deemed Functional

The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are functional… more

Appeals, Federal Trademark Register, Functionality, Lanham Act, Trade Dress

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Annabel Rodriguez

McDermott’s Healthcare Enforcement Quarterly - Q1 2022

The healthcare enforcement landscape is shifting quickly. This issue of McDermott’s Healthcare Enforcement Quarterly examines emerging trends and key issues for organizations that may become subject to enforcement scrutiny, and… more

Appeals, Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Maria Rodriguez

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US Immigration… more

Audits, Department of Homeland Security (DHS), E-Verify, Employee Rights, Employer Liability Issues

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Joshua David Rogaczewski

Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple lawsuits… more

Appeals, Attorney's Fees, Federal Rules of Civil Procedure, Patent Infringement, Patents

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Adam Rogers

Florida’s Extension of its COVID-19 Out-of-State Provider Waiver: A Sign of the Times

Background: Issuing Florida’s Emergency Order - On March 16, 2020, Florida Surgeon General Dr. Scott Rivkees signed, stamped and finalized Emergency Order 20-002. In doing so, Florida joined what would become the vast… more

Coronavirus/COVID-19, Emergency Orders, Florida, Health Care Providers, regulatory

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Chelsea Rogers

Key COVID-19 Developments and Guidance for Ambulatory Surgery Centers

As the Coronavirus (COVID-19) pandemic continues to impact the healthcare industry and the global economy, ambulatory surgery centers (ASCs) should be mindful of federal and state guidance impacting their daily work and revenue… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Elective Surgical Procedures, Government Lockdown

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Darren Rogers

AI meets real estate – Balancing innovation and compliance in the EU, UK, and US

Artificial Intelligence (AI) is taking the global commercial real estate market by storm. It is accelerating processes, driving down costs, and enhancing efficiency across a range of functions. In the EU, AI optimizes… more

Artificial Intelligence, Commercial Real Estate Market, Data Privacy, EU, General Data Protection Regulation (GDPR)

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Laurence Rogers

The Hidden Value of Assets in the United Kingdom: Are You Making the Most of Your Real Estate?

Traditional trading businesses naturally focus primarily on their operating business, but often are unaware of the relatively simple options available to ensure they are making the most of their real estate assets. In a… more

Coronavirus/COVID-19, Ground Leases, Leaseback, Real Estate Market, Sales

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Brandon Roker

US Attorney’s Office in California Announces Voluntary Self-Disclosure and Whistleblower Program for Corporate, Financial Crimes

On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The… more

California, Corporate Crimes, Corporate Governance, Financial Crimes, New Legislation

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Dr. Christian Rolf

Eugh Vereinheitlicht Verfall Und Verjährung Im Urlaubsrecht

Urlaubsansprüche verjähren erst dann, wenn der Arbeitgeber seine Beschäftigten auf den Urlaubsanspruch hingewiesen und zur Urlaubsnahme aufgefordert hat – so der Europäische Gerichtshof mit Urteil vom gestrigen Tag (EuGH, Urt… more

Appeals, Compensation, European Court of Justice (ECJ), Holiday Leave, Holiday Pay

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Connor Romm

Economic Prong of Domestic Industry Requirement Includes All Sorts of Labor and Capital

Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,… more

Appeals, Domestic Industry Requirement, Enforcement Actions, Imports, Intellectual Property Litigation

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Jennifer Ronz

[Event] 2019 Trust & Estate Controversy Forum - September 18th-19th, Chicago, IL

McDermott Will & Emery invites you to attend our interactive trust and estate controversy program, which will focus on complex and multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and… more

Beneficiaries, Estate Planning, Events, Fiduciary Duty, Trusts

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Megan Rooney

HPE Miami 2023 | The Next Generation of PE and Hospital & Health System Collaboration

During this session, Partners Charlie Buck and Megan Rooney moderated a roundtable discussion on how and why partnerships between private equity and health systems develop and evolve and what the future holds for these creative… more

Collaboration, Health Care Providers, Healthcare, Healthcare Provider Corporations, Hospitals

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Arthur Rosen

New York Issues Much-Anticipated Guidance on Taxation of Telecommuting Employees

Since the outset of the COVID-19 pandemic and work-from-home mandates, New York employers and their nonresident employees have been waiting for the Department of Taxation and Finance to address the million-dollar question: Do… more

Coronavirus/COVID-19, Department of Taxation and Finance, IRS, Motion for Leave, Non-Permanent Residents

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Rachel Rosen

CFTC Crackdown: Three DeFi Platforms Face Enforcement Actions

On September 7, 2023, the Commodity Futures Trading Commission (CFTC) simultaneously filed and settled charges against three decentralized finance (DeFi) platforms, signaling a significant step toward CFTC regulatory oversight… more

CFTC, Commodity Exchange Act (CEA), Cryptoassets, Decentralized Finance (DeFi), Enforcement Actions

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Gary Rosenbaum

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Anita Rosenbloom

Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Michael Rostovtsev

The Rise of the Venture Debt Market

The global pandemic has upended our lives. From the classroom to the boardroom, there is incredible scope for innovation and inventive solutions. And with entrepreneurship comes opportunity, in the form of venture capital. But… more

Debt Financing, Entrepreneurs, Investors, Startups, Venture Capital

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Camille Roudergues

Extension of Foreign Investment Control to New Strategic Sectors And the Reinforcement of Sanctions

A new legislative bill, known as the “Plan d’action pour la croissance et la transformation des entreprises” (Action plan for company growth and transformation - the PACTE bill), is currently under discussion in the French… more

CFIUS, Foreign Investment, France

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Jennifer Routh

[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare… more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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Peter (Mac) Routh

Responding to Stop Work Orders Implementing Recent Executive Orders

Since the inauguration of US President Donald Trump on January 20, 2025, many companies that hold or support Federal contracts, grants, and other awards have received so-called “stop work orders” or other directives to cease… more

Compliance, Corporate Counsel, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Patrick Rowe

HPE Miami 2023 | The Best Transaction for You: Different Deal Types and Structures

During this session, the panelists discussed the various types of transaction structures and key considerations when building and executing an exit strategy… more

Buyers, Capital Markets, Exit Strategies, Healthcare, Investment

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Abigail Rubinstein

When Analyzing Likelihood of Confusion, It’s Not Just Location, Location, Location

The US Court of Appeals for the Fourth Circuit vacated a district court’s decision finding no infringement that focused on only the geographic distance between the physical locations of the two users without considering the… more

Appeals, Geographic Markets, Internet, Lanham Act, Likelihood of Confusion

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Alejandro Ruiz

One Big Beautiful Bill Act brings major changes to Section 1202 capital gains exclusion

The recently passed One Big Beautiful Bill Act (OBBBA) makes significant and immediate changes to the tax rules surrounding qualified small business stock (QSBS) under Section 1202 of the Internal Revenue Code. These rules have… more

Capital Gains, Internal Revenue Code (IRC), Investors, New Legislation, Small Business

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Lisa Rumin

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce… more

Acquisitions, Antitrust Litigation, Antitrust Provisions, Biden Administration, Consent Decrees

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Joel Rush

California Governor Vetoes AB 3129

California Governor Gavin Newsom vetoed AB 3129 on September 28, 2024. AB 3129 would have required private equity groups and hedge funds to notify, and receive the consent of, the California Attorney General for certain… more

Governor Newsom, Governor Vetoes, Health Care Providers, Healthcare, Investment

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Chelsea Rutherford

Healthcare Regulatory Check-Up Newsletter | January 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new Innovation in… more

1115 Waivers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Michael Ryan

New EO Targets Prescription Drug Costs – and Drug Manufacturers, Hospitals, and Health Centers

On April 15, 2025, President Trump signed an executive order (EO) aimed at addressing the cost of prescription drugs. This EO, titled “Lowering Drug Prices by Once Again Putting Americans First,” outlines specific directives in… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Health Care Providers

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Nick Ryan

Corporate taxpayers: Key One Big Beautiful Bill Act changes to international and domestic taxes

On July 4, 2025, US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The legislation introduces significant changes to both international and domestic business tax rules for US taxpayers. While some… more

Business Taxes, Corporate Counsel, Corporate Taxes, Federal Budget, Federal Trade Commission (FTC)

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Patrick Ryan

DOL Proposes Significant Changes to VFCP Program

On November 21, 2022, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released a proposed amendment and restatement of the Voluntary Fiduciary Correction Program (VFCP), along with a proposed… more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Retirement Income Security Act (ERISA), Enforcement Actions

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Tom Ryan

International News: COVID-19 Global Pandemic - May 2020

The Legal Impact in Europe on Pharmaceutical and Medical Device Companies - The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across… more

Coronavirus/COVID-19, Cybersecurity, Data Protection, EU, European Commission

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Susan Ryba

[Webinar] Navigating IRS Tax Refunds - April 9th, 10:00 am PT

Join McDermott’s Tax Controversy & Litigation Group for an insightful webinar on the intricacies of claiming and collecting IRS tax refunds. This session is designed for tax professionals, legal practitioners, and anyone… more

Continuing Legal Education, Income Taxes, IRS, Tax Litigation, Tax Refunds

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Bhanu Sadasivan, PhD

[Webinar] IP Focus 2024 | Session 1: The Weaponization of Prosecution Laches - February 21st, 9:00 am - 10:00 am JST

McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar… more

Best Practices, Defense Strategies, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Christopher Saddock

Online Marketplaces – Joint and Several Liabilities for VAT

Online marketplace operators should ensure compliance with UK rules that may cause them to be jointly and severally liable for UK value added tax on sales made by foreign traders on their marketplace… more

Due Diligence, HMRC, Joint and Several Liability, Online Marketplace, Sellers

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Takashi Saito

[Virtual Event] 9th McDermott International Japan Seminar Series - January 21st - February 4th, 10:00 am - 11:00 am JST

In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person, we… more

Acquisitions, Biden Administration, Compliance, Coronavirus/COVID-19, Cross-Border Transactions

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James Salerno

[Webinar] Infrastructure Funds: Private Credit Sources and Their Expanding Role in Project Finance - April 30th, 12:30 pm - 1:00 pm EDT

Join us for our newest webinar series, Energy Transition & Infrastructure Private Credit. Over the course of the series, hear from McDermott lawyers and industry-leading guest speakers as they discuss different topics shaping… more

Borrowers, Direct Lending, Energy Projects, Energy Sector, Infrastructure Financing

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Richard Salgado

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and the… more

Ambulatory Surgery Centers, Artificial Intelligence, Business Development, Business Opportunities, Continuing Legal Education

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Christopher Salmen

REGS & TURKEY LEGS: The Regs We’re Thankful For

It’s Thanksgiving week, so instead of eating eggs with your regs, you should sit back, relax and reflect on the regs you are thankful for as you eat your turkey legs (or whatever you enjoy on Thanksgiving). Many of the policies… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Digital Health, Final Rules, Healthcare

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Joshua Samis

Credit Conditions - Q2 2025

So-called “Liberation Day” tariffs shook markets and sparked recession fears on April 2, with rates ranging from a universal 10% to a country-specific reciprocal tariff as high as 49% for Cambodia. While the 10% universal… more

China, Credit, Economic Sanctions, Imports, Interest Rates

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Margaret Sampson

[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration… more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Bailey Sanders

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive… more

Acquisitions, American Bar Association (ABA), Antitrust Division, Antitrust Investigations, Antitrust Litigation

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Margaret Elizabeth Sanne

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they… more

Beneficiaries, Canada, Celebrities, Continuing Legal Education, Estate Claims

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Stephania Sanon

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under federal… more

Anti-Discrimination Policies, Best Practices, Civil Rights Act, Compliance, Department of Justice (DOJ)

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David Santangelo

[Event] Life Sciences Dealmaking Symposium - November 9th, Boston, MA

Please join McDermott for our highly anticipated Life Sciences Dealmaking Symposium! Now in its 12th year, the Symposium offers a unique platform for education, insight sharing, purposeful networking and strategic collaboration… more

Acquisitions, Artificial Intelligence, Asset Valuations, Capital Markets, Capital Raising

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Thomas Sauermilch

[Ongoing Program] Session 1: M&A Opportunities in US and Europe for Korean Investors (CFIUS/European FDI) - September 8th, 10:00 am - 11:00 am KST

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot see… more

Acquisitions, Antitrust Division, Antitrust Provisions, Antitrust Violations, Audits

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David Saunders

Colorado remains active, proposes amendments to CPA rules

On July 29, 2025, the Colorado Department of Law (Department) published a draft of its latest proposed Colorado Privacy Act (CPA) regulations, focused on children’s privacy. The Department is seeking comment on the proposed rule… more

Colorado, Comment Period, Consumer Privacy Rights, Data Privacy, Minors

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Andrew Savage

International News: COVID-19 Global Pandemic - May 2020

The Legal Impact in Europe on Pharmaceutical and Medical Device Companies - The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across… more

Coronavirus/COVID-19, Cybersecurity, Data Protection, EU, European Commission

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Aaron Sayers

FTC Final Noncompete Rule: Game Plan Checklist

With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to… more

Corporate Counsel, Employer Liability Issues, Employment Contract, Employment Litigation, Federal Trade Commission (FTC)

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Dr. Laura Scaife

International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will… more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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Ettore Scandale

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Michael Scarduzio

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with… more

AFR, Energy Tax Incentives, Executive Orders, Interest Rates, Internal Revenue Code (IRC)

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David Schäfer

Mobility@McDermott: Monthly Update (04/2024)

1. “No re-export to Russia” clauses become mandatory for certain contracts within the EU - As of March 20, 2024, so-called “no re-export to Russia” clauses have become mandatory for certain types of contracts concluded by EU… more

Auto Parts, Automotive Industry, Buyers, EU, EU Directive

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Jay Scharf

Prepare for Soaring Estate and Gift Tax Exclusions and GST Tax Exemption to Close After 2025

On January 1, 2024, the amounts that individuals can gift free of federal gift and generation-skipping transfer (GST) tax rose to $13,610,000 for individuals and $27,220,000 for married couples due to inflation adjustments. The… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Dr. Philipp Schäuble

[Webinar] HR News – Always Up to Date in Labor Law - December 7th, 2:30 pm - 3:30 pm CET

This webinar will cover Remuneration of works councils – the new draft law in response to the BGH’s criminal judgment. After the expert commission “Legal certainty in works council remuneration” set up by the Federal Ministry… more

Germany, Human Resources Professionals, New Regulations, Proposed Legislation, Remuneration

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Danielle Scheer

Healthcare Regulatory Check-Up Newsletter | August 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for August 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False Claims… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Enforcement Actions, False Claims Act (FCA)

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Alexandra Scheibe

CFTC Crackdown: Three DeFi Platforms Face Enforcement Actions

On September 7, 2023, the Commodity Futures Trading Commission (CFTC) simultaneously filed and settled charges against three decentralized finance (DeFi) platforms, signaling a significant step toward CFTC regulatory oversight… more

CFTC, Commodity Exchange Act (CEA), Cryptoassets, Decentralized Finance (DeFi), Enforcement Actions

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Jennifer Schein

Ninth Circuit Provides Clarity on the Scope of Receiverships

The US Court of Appeals for the Ninth Circuit affirmed an order denying the defendants’ motion to discharge a receiver who had been appointed to aid in the execution of a judgment for violations of the Copyright Act. WB Music… more

Appeals, Attorney's Fees, California, Ex Parte, FCC

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Lisa Scheipers

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung… more

Corporate Culture, Dismissals, Employees, Employer Liability Issues, Employment Litigation

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Samoneh (Sammy) Schickel

Claim at Issue Must Be Substantively Allowable to Qualify for PTA

The US Court of Appeals for the Federal Circuit affirmed two district court decisions, finding that a patent owner who only partially prevailed in one of two appeals was not entitled to any additional patent term adjustments… more

Appeals, Obviousness, Patent Litigation, Patent Term Adjustment, Patent Trial and Appeal Board

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Dr. Florian Schiefer

Update 3.0: Future Financing Act – Focus on Employee Participation

With the start of the new year on January 1, 2024, the majority of the Future Financing Act (“ZuFinG”) – highly anticipated by the German start-up scene in particular —came into force. One of the ZuFinG’’s legislative… more

Employees, Employer Liability Issues, EU, Germany, International Labor Laws

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Jake Schindler

NWSL Creates New Private Equity Fund Policy but Stops Short of Allowing Sovereign Wealth Funds

With the 2024 season set to begin for the National Women’s Soccer League (NWSL), the league and its fans have much to be excited about. From new television partnerships and revamped jerseys for each of its teams to three new… more

Business Ownership, Investment, Investors, Private Equity, Private Equity Funds

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Philip Schmidt

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Steven Schnelle

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Mary Schnoor

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US Immigration… more

Audits, Department of Homeland Security (DHS), E-Verify, Employee Rights, Employer Liability Issues

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Steven Scholes

[Event] 2019 Trust & Estate Controversy Forum - September 18th-19th, Chicago, IL

McDermott Will & Emery invites you to attend our interactive trust and estate controversy program, which will focus on complex and multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and… more

Beneficiaries, Estate Planning, Events, Fiduciary Duty, Trusts

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Mark Schreiber

New PCI DSS 4.0 Credit Card Compliance Requirements Effective April 1, 2025

As of April 1, 2025, all merchants and third-party service providers (TPSPs) involved in processing credit or debit card payments must fully adhere to the enhanced security requirements outlined in the Payment Card Industry Data… more

Compliance, Credit Cards, Data Protection, Data Security, Financial Services Industry

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Dr. Norbert Schulte

[Event] 2019 Cross-Border M&A and Private Equity Investment Conference - September 24th, Munich, Germany

Join us for what promises to be an excellent event at McDermott's 9th annual Munich Cross-Border M&A and Private Equity Investment Conference (MuMAC). We will be welcoming key players from the mergers and acquisitions market,… more

Acquisitions, Cross-Border Transactions, Events, Financial Adviser, Foreign Investment

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Axel Schulz

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore… more

Antitrust Investigations, Appeals, Competition, Competition Authorities, Dawn Raids

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Dr. Benedikt Schulz

Das StaRUG und dessen Bedeutung für die Restrukturierung von Immobiliengesellschaften – Die wichtigsten Fragen und Antworten

Insolvenzanträge von namhaften Projektentwicklern und Immobiliengesellschaften stellen die betroffenen Unternehmen und ihre Gläubiger vor große Herausforderungen und setzen die gesamte Immobilienbranche unter Druck. Gleichzeitig… more

Corporate Governance, Corporate Restructuring, Creditors, Debtors, EU

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Nick Schuneman

Cellect Your Weapon: Navigating Potential Arguments in the Aftermath of In re Cellect

In In re Cellect, 81 F.4th 1216 (Fed. Cir. 2023), the US Court of Appeals for the Federal Circuit held that a later-expiring patent can be invalid for obviousness-type double patenting (ODP) in view of an earlier-expiring,… more

Appeals, En Banc Review, Intellectual Property Litigation, Intellectual Property Protection, Obviousness-Type Double Patenting (ODP)

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Ian Schwartz

SEC charges PE firm for alleged disclosure failures related to fee offsets

On August 15, 2025, the US Securities and Exchange Commission (SEC) charged a New York-based private equity adviser (the Firm) with breaching its fiduciary duties by failing to adequately disclose its practices regarding the… more

Conflicts of Interest, Disclosure Requirements, Enforcement Actions, Fee Disclosure, Fiduciary Duty

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Dustin Schwerdtfeger

[Webinar] Startup-Woche Düsseldorf | Legal FAQs: Die wichtigsten Fragen & Antworten - September 17th, 10:00 am - 11:30 am CET

Welche rechtlichen Stolpersteine solltest du beim Gründen und Wachsen beachten? Bei unserem Online-Seminar „Legal FAQs: Die wichtigsten Fragen & Antworten“ stehen dir unsere Experten Rede und Antwort. Auch 2020 ist McDermott… more

Business Advice, Business Development, Business Disputes, Business Entities, Business Formation

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Karen Sealander

Special Report: Understanding ONC’s Health AI Transparency and Risk Management Regulatory Framework

The Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule, issued by the US Department of Health and Human Services (HHS) Office of the… more

Algorithms, Artificial Intelligence, Certification Requirements, Data Protection, Department of Health and Human Services (HHS)

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Courtney Seams

Collateral estoppel remains inapplicable to unchallenged IPR claims

Returning to its decision in Kroy IP, the US Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc, leaving undisturbed its prior opinion that collateral estoppel does not apply to… more

Appeals, Appellate Courts, Burden of Proof, Collateral Estoppel, Inter Partes Review (IPR) Proceeding

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Sebastian Orozco Segrera

Corporate Transparency Act: What to Know

The Corporate Transparency Act (CTA) introduces beneficial ownership reporting requirements effective January 1, 2024, for new and existing companies. Below is an overview of the new reporting obligations imposed by the CTA… more

Beneficial Owner, Corporate Transparency Act, Financial Institutions, FinCEN, Jurisdiction

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Charlie Seidell

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US… more

Administrative Procedure Act, Amicus Briefs, Appeals, Chamber of Commerce, Department of Labor (DOL)

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Mal Serure

AI meets real estate – Balancing innovation and compliance in the EU, UK, and US

Artificial Intelligence (AI) is taking the global commercial real estate market by storm. It is accelerating processes, driving down costs, and enhancing efficiency across a range of functions. In the EU, AI optimizes… more

Artificial Intelligence, Commercial Real Estate Market, Data Privacy, EU, General Data Protection Regulation (GDPR)

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Sakai Shabo

[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the following… more

Acquisition Agreements, Acquisitions, Asset Management, Banks, Commercial Real Estate Contracts

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Anita Shah

Minority Stakes, Major Consequences: Lessons From the Delivery Hero/Glovo Case

On 2 June 2025, the European Commission (the Commission) announced a landmark decision, sanctioning companies for the first time over a standalone “no-poach” cartel agreement. Another key element of the decision was its focus on… more

Acquisitions, Antitrust Litigation, Antitrust Violations, Cartels, Competition

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Omar Shah

UK Reforms National Security and Investment Regime: Streamlining or Expansion?

On 22 July 2025, the UK Government announced a set of targeted reforms to the National Security and Investment Act 2021 (NSI Act) and launched a consultation into proposed further changes. Alongside the reforms, the 2024-25… more

Acquisitions, Critical Infrastructure Sectors, Foreign Investment, Investment, National Security

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Ahsan Shaikh

[Webinar] Calling All Innovators: Driving Inclusive Team Idea Generation in a Remote Environment - April 30th, 4:00 pm - 5:15 pm EDT

As the workforce shifts to remote working environments, it is critical that companies continue to smartly build their patent strategy despite drastically reorganized workflows. With more than 80% of a company’s value tied to its… more

Business Strategies, Continuing Legal Education, Innovation, Intellectual Property Protection, Patent Filings

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Kelly Shami

Florida Passes Bill to Incentivize Affordable Housing Development

In March 2023, Florida Governor Ron DeSantis signed Senate Bill 102, also known as the Live Local Act (the Act), into law. The bill surpasses historical records for the state, represents the largest investment in housing… more

Affordable Housing, Florida, Governor DeSantis, Housing Developers, Housing Market

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Aroma Sharma

[Event] Life Sciences Boot Camp For In-House Counsel 2023 - April 4th, South San Francisco, CA

McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area! Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business… more

Acquisitions, Compliance, Continuing Legal Education, Corporate Counsel, Enforcement

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Michael Shea

International News: Spotlight on Innovation - Issue 60

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court simplifying… more

Artificial Intelligence, EU, Financial Regulatory Reform, Healthcare, Innovative Technology

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Caitlin Sheard

Cross-Atlantic Impact: DOJ and SFO Self-Reporting and Enforcement Priorities

The enforcement environments in the US and UK are evolving at rapid pace. In the US, the Criminal Division of the Department of Justice (DOJ) issued a new White-Collar Enforcement Plan and several revised policy documents on 12… more

Anti-Corruption, Bribery, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Priorities

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Michael Sheehan

On the Stand: Trial Lawyer Q&A Series

Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior lawyers… more

Best Practices, Defense Strategies, Interviews, Jury Trial, Legal Project Management

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David Sherwood

Receiving Debt-Financed Distributions From a QOF: IRS Allows Significant Flexibility (And Some Traps)

Qualified Opportunity Funds (QOFs) offer generous tax incentives but are bound by a complicated set of rules, not to mention the complexity of Subchapter K of the Internal Revenue Code (IRC), as QOFs are typically organized as… more

Capital Gains, Debt, Internal Revenue Code (IRC), Investment, Investment Funds

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Timothy Shuman

Five Key Takeaways From the Proposed PTEP Regulations

Taxpayers have been eagerly awaiting, and the US Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) have been promising to provide, rules addressing the previously taxed earnings and profits (PTEP) of… more

Business Profits, Corporate Taxes, Earnings Tax, Foreign Corporations, Income Taxes

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Olivia Sica

How Cross-Border M&A May Be Impacted by Trump Administration Tax Reform

President-elect Donald Trump is set to return to the White House with Republicans narrowly securing both the US Senate and the US House of Representatives. Having control of both chambers positions the party well to pursue… more

Acquisitions, Corporate Taxes, Cross-Border, Mergers, Pillar 2

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Glenna Siegel

Antitrust M&A Snapshot - Q2 2024

UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust… more

Acquisitions, Antitrust Division, Competition, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Sam Siegfried

White House releases “America’s AI Action Plan”

On July 23, 2025, the White House released “Winning the Race: America’s AI Action Plan,” a document outlining nonbinding policy goals for federal regulation and support of artificial intelligence (AI). The action plan mirrors… more

Artificial Intelligence, Data Centers, Export Controls, Government Agencies, International Trade

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Michael Siekman

[Ongoing Program] Life Sciences Dealmaking Symposium 2020 - November 17th, 8:00 am - 2:00 pm EST

In a year marked by unexpected challenges and rapid change, staying connected with industry peers and keeping a watchful eye on market trends, policy developments and collaborations in the life sciences space is crucial to… more

Acquisitions, Collaboration, Coronavirus/COVID-19, Cross-Border Transactions, Diagnostic Tests

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Nina Siewert

Special Report - Coronavirus Update - Monitoring of the Main Tax Measures/Subsidies Country-by-Country Overview

The Coronavirus (COVID-19) has governments across Europe, Asia, Africa, Australia, North and Latin America quickly evaluating and issuing modified tax-related measures to help support business investments and providing options… more

Coronavirus/COVID-19, Filing Deadlines, International Tax Issues, Subsidies, Tax Credits

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Denmon Sigler

Key Takeaways | How the Inflation Reduction Act Impacts the Oil and Gas Industry + The Role of Natural Gas Moving Forward

The landmark Inflation Reduction Act of 2022 (IRA) was a long-anticipated legislative package for the industry because it promotes investment in alternative forms of energy. During this webinar, Partners Denmon Sigler and Philip… more

Fuel Supply, Hydrogen Power, Inflation Reduction Act (IRA), Investment, Natural Gas

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Michael Silva

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Paulina Simons

Data Mining for AI Systems Training Permitted Under German Law

In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German… more

Artificial Intelligence, Copyright, Data Mining, EU, Germany

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Jay Singer

The All Cash D Is Dead – Long Live the All Cash D

Tax Reform and All Cash D Reorganizations - With the introduction of global intangible low-taxed income (GILTI) as a new category of income of controlled foreign corporations (CFCs) currently taxable in the United States and… more

Controlled Foreign Corporations, GILTI tax, Tax Reform

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Harris Siskind

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

See all updates »

Siddhartha Sivaramakrishnan

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

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Kerrin Slattery

Food as Medicine: A Deep Dive Into Reimbursement

The topic of “food as medicine” has gained increased attention recently, driven by a growing recognition of the role nutrition plays in preventing and managing chronic diseases. This article provides a high-level overview of the… more

Centers for Medicare & Medicaid Services (CMS), Employer Group Health Plans, Government Agencies, Health Insurance, Medicaid

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Brandon Sloane

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

On December 11, 2024, the US Court of Appeals for the Fifth Circuit vacated the US Securities and Exchange Commission’s (SEC) order approving The Nasdaq Stock Market LLC’s (Nasdaq) board diversity rules, holding that the rules… more

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

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Samantha Smart

California attorney general’s $1.55 million Healthline CCPA settlement continues cookie focus and signals increasing enforcement

The California attorney general’s (AG) July 1, 2025, proposed settlement with Healthline Media LLC (Healthline) marks the third cookie-related California Consumer Privacy Act (CCPA) settlement in as many months (alongside the… more

California Consumer Privacy Act (CCPA), Cookies, Data Collection, Data Privacy, Enforcement Actions

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Ryan Smethurst

Insurance Claims for Superstorm Sandy Property Damage and Business Interruption

It is estimated that Superstorm Sandy could cause up to $50 billion in losses, and up to $20 billion in insured losses. Businesses should review their commercial property insurance policies and submit claims for Sandy-related… more

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Diann Smith

Unclaimed Property Laws and the Health Industry: Square Peg, Round Hole

Likely due to the tremendous number of healthcare mergers, acquisitions, and private equity deals that have been taking place, the industry has recently been the target of multistate unclaimed property audits. This increased… more

Acquisitions, False Claims Act (FCA), Health Care Providers, Health Insurance, Healthcare

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Richard Smith

[Ongoing Program] 2021 Life Sciences Bootcamp Series - Cross-Border Licensing and Transactions - May 11th, 11:00 am ET

Life sciences organizations have become some of the world’s most watched businesses and the industry as a whole is facing heightened scrutiny in light of the COVID-19 pandemic. The transactional and regulatory issues as well… more

Continuing Legal Education, Coronavirus/COVID-19, Corporate Counsel, Cross-Border Transactions, Cross-Licensing Agreement

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Tessa Smith

Site Neutral Payment: Top 10 Services Likely to Be Impacted by Proposed Legislation

On April 26, 2023, the House Energy and Commerce Committee Health Subcommittee held a legislative hearing on 17 healthcare bills, including one that would direct the Centers for Medicare & Medicaid Services (CMS) to implement… more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, MedPAC, Proposed Legislation

See all updates »

Ellen Snare

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement… more

Borrowers, Capital Markets, Corporate Restructuring, Creditors, Debt Restructuring

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Sam Snider

Key Considerations When Doing Deals in Emerging Markets

Emerging markets are increasingly attractive candidates for investment due to higher rates of gross domestic product growth and, in many countries, emerging mass consumer classes. However, emerging-market mergers and… more

Acquisitions, Due Diligence, Emerging Markets, Foreign Direct Investment, Mergers

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Albert Sokol

PPM ASC Symposium 2023 | State of the PPM Industry: Perspectives from Top CEOs

During this session, Partner Jerry Sokol moderated a panel in which top CEOs shared their insights on capitalizing on opportunities and overcoming obstacles in the current environment. They discussed the transition to… more

Healthcare, Hospitals, No Surprises Act (NSA), Physicians, Professional Conferences

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Jerry Sokol

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and the… more

Ambulatory Surgery Centers, Artificial Intelligence, Business Development, Business Opportunities, Continuing Legal Education

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Melis Solaksubasi

Chicago Employees to Receive 10 Days of Paid Leave

As of December 31, 2023, all employees physically working in Chicago for at least two hours in a two-week period will earn both one hour of paid leave and one hour of paid sick leave for every 35 hours worked, pursuant to an… more

Employee Benefits, Employer Liability Issues, Employment Policies, New Legislation, Paid Leave

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David Solander

SEC Adopts Substantive Requirements for Advisers to Private Funds

On August 23, 2023, the US Securities & Exchange Commission (SEC) adopted new and amended rules (the New Rules) under the Investment Advisers Act of 1940 (Advisers Act) that focus on the SEC’s desire to address what it views to… more

Broker-Dealer, Compliance, Fund Managers, Investment, Investment Adviser

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Leigh Solomon

Louisiana MGA Legislation: A Sign of Heightened Scrutiny?

Louisiana recently amended its statutes regulating managing general agents (MGAs). Certain of the amendments conform Louisiana law to the National Association of Insurance Commissioners MGA Model Act (NAIC Model) adopted in… more

Insurance Industry, Investors, Louisiana, NAIC, New Legislation

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Todd Solomon

Opportunity Knocks: At Long Last, IRS Determination Letter Program Opens for 403(b) Plans

The IRS has long permitted sponsors of individually designed pension and 401(k) retirement plans qualified under Section 401(a) of the Code to obtain a favorable determination letter on the status of their tax-qualified… more

403(b) Plans, Benefit Plan Sponsors, Determination Letter, Employee Benefits, Internal Revenue Code (IRC)

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John Song

McDermott Health 2023 Annual Report: Managed Care 2022 Year in Review

The managed care space saw a number of regulatory and legislative developments in 2022 that are shaping the sector as we move further into 2023. Against this backdrop, the healthcare sector itself has continued to transform in… more

Acquisitions, CMMI, Employee Retirement Income Security Act (ERISA), Healthcare Reform, Joint Venture

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David Sorenson

New Jersey Proposes Rules for the New Jersey Data Privacy Act

New Jersey’s Office of Consumer Protection has prepared proposed rules for the New Jersey Data Privacy Act (NJDPA) (Proposed Rules). While the bulk of the Proposed Rules consist of recitations of the obligations found in the… more

California Consumer Privacy Act (CCPA), Consent, Consumer Privacy Rights, Data Collection, Data Controller

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Kyle Sorenson, PhD

Bit Swap: Motivation to Modify Prior Art Needn’t Be Inventor’s Motivation

Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision, finding that the challenged patent claims were obvious because a person of ordinary skill in… more

Appeals, Appellate Review, Innovation, Intellectual Property Litigation, Intellectual Property Protection

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Alexander Southwell

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July… more

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

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Lillian Spetrino

Blurred Vision: Appeal Dismissed for Lack of Standing

The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum… more

Appeals, Article III, Injury-in-Fact, Intellectual Property Litigation, Intellectual Property Protection

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Joseph Speyer, PhD

When Is Batting “Lofty”? Look to the Specification

In an opinion addressing the definiteness of a term of degree, the US Court of Appeals for the Federal Circuit affirmed a final determination of the US International Trade Commission (ITC), concluding that an asserted claim was… more

Administrative Law Judge (ALJ), Appeals, Claim Terms, Final Determinations, Indefiniteness

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Galen Spielman

SEC hosts roundtable on executive compensation disclosure requirements

On June 26, 2025, the US Securities and Exchange Commission (SEC) hosted a roundtable attended by issuers, institutional investors, third-party advisors, and industry groups to discuss potential updates to current executive… more

Comment Period, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Joshua Spielman

HPE Miami 2021: Subsector Insights - Women's Care

Women’s health continues to be one of the most fragmented sectors of the healthcare industry, which means that there are ample opportunities for new entrants and existing platforms to innovate, integrate and improve the delivery… more

Buy-In Agreements, Coronavirus/COVID-19, Fertility Treatments, Health and Welfare Plans, Value-Based Care

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Zachary Sproull

Antitrust M&A Snapshot | Q4 2024

IN THIS JANUARY 2025 ISSUE - In the fourth quarter of 2024, US antitrust regulators continued their rigorous scrutiny of mergers and acquisitions. The US Department of Justice (DOJ), under the leadership of the outgoing Biden… more

Acquisitions, Antitrust Division, Competition, Department of Justice (DOJ), European Commission

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Dr. Laura Stammwitz

Labor Markets in the Focus of European Competition Law

In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and… more

Antitrust Provisions, Competition, Court of Justice of the European Union (CJEU), EU, European Commission

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Emily Starbuck

Illinois’ New Paid Leave Law: What Employers Need to Know

On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (PLAWA) into law, guaranteeing all workers in the state of Illinois 40 hours of paid time off each year for any reason. The law goes… more

Department of Labor (DOL), Employees, Employer Liability Issues, Governor Pritzker, Illinois

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Rachel Stauffer

Back for seconds: digital health policies in the CY 2026 PFS proposed rule

It’s been more than two weeks since the release of the CY 2026 Medicare Physician Fee Schedule (PFS) proposed rule. We’ve had a chance to digest our initial helping and now we’re ready for seconds. We thought we would see this… more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Health Care Providers, Health Insurance, Healthcare

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Heidi Steele

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

On December 11, 2024, the US Court of Appeals for the Fifth Circuit vacated the US Securities and Exchange Commission’s (SEC) order approving The Nasdaq Stock Market LLC’s (Nasdaq) board diversity rules, holding that the rules… more

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

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Marina Stefanova

Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost… more

Gender Dysphoria, Gender Identity, Health Insurance Portability and Accountability Act (HIPAA), Minor Children, New Legislation

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Frank Steinherr

Value Investing Forum 2022: Maximizing Value for Stakeholders

In this session, Stephanie McCann, Partner and Co-Head of McDermott’s Finance Practice Group, and Frank Steinherr, Partner and Co-Head of McDermott’s Private Equity Practice Group, hosted a discussion that explored strategies… more

Buyers, Capital Markets, EBITDA, Investment, Investors

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Daniel Sternberg

Patenting Web Advertising? Ask Alice, I Think She’ll Know

In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to… more

Advertising, Alice/Mayo, Appeals, IBM, Patent Validity

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Brian Stimson

Special Report - No Surprises Act Update: The TMA III Decision - August 2023

The Texas Medical Association and additional plaintiffs have brought four Administrative Procedure Act (APA) challenges to the rules and guidance implementing the No Surprises Act (NSA) (termed TMA I, II, III and IV). The… more

Administrative Procedure Act, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Labor (DOL), Disclosure Requirements

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Erica Stocker

McDermott+ Check-Up – August 22, 2025

Congress continues a quiet recess. Lawmakers will be back on September 2, 2025. CMS releases final FY 2026 payment regulations. The Centers for Medicare & Medicaid Services (CMS) updated payment rates in the final fiscal year… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Department of Education, Department of Health and Human Services (HHS), Drug Pricing

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Devin Stone

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Jeffrey Stone

Site Neutral Payment: Top 10 Services Likely to Be Impacted by Proposed Legislation

On April 26, 2023, the House Energy and Commerce Committee Health Subcommittee held a legislative hearing on 17 healthcare bills, including one that would direct the Centers for Medicare & Medicaid Services (CMS) to implement… more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, MedPAC, Proposed Legislation

See all updates »

Jonathan Storz

Economic Ownership of Shares Transferred as Collateral

Dividends from shares are taxable for shareholders, even if the dividends do not remain with them economically. This (not entirely new) finding can be gleaned from a recent Federal Fiscal Court (BFH) ruling in which the BFH… more

Beneficial Owner, Corporate Taxes, Dividends, Germany, Income Taxes

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Benjamin Strauss

Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating… more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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Michelle Strowhiro

California Imposes New Workplace Violence Prevention Mandate

On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to… more

California, Employees, Employer Liability Issues, Governor Newsom, Labor Reform

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Alya Sulaiman

FTC Amends Health Breach Notification Rule to Regulate Health Apps and Expand Breach Notification Requirements

On April 26, 2024, the Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule works as a complement and counterpart to the breach notification requirements… more

American Recovery and Reinvestment Act, Breach Notification Rule, Electronic Health Record Incentives, Federal Trade Commission (FTC), Final Rules

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Kevin Sullivan

Key Takeaways | Clinical Research Technology (ClinTech)

During this session, the panelists discussed how stakeholders in the clinical research market can leverage new technologies to better identify subjects, optimize trial conduct and reduce costs. For example, common use cases of… more

Artificial Intelligence, Clinical Laboratories, Clinical Trials, Healthcare, Information Technology

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Carol Sun

China’s Draft Cybersecurity Measures Suggest Increased Focus on Data Security

On 28 May 2019, the Cyberspace Administration of China (CAC) released the “Data Security Management Measures (Draft for Comments)” (Draft Measures) (unofficial English translation here), containing detailed rules to expand… more

Artificial Intelligence, China, Cybersecurity, Data Breach, Data Collection

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Katharine Suominen

Key Takeaways | Cryptocurrency Global Tax Enforcement: What Investors and Companies in the Industry Need to Know NOW

During a recent program discussing the latest government enforcement efforts related to cryptocurrency, we spoke with Gary Alford, one of the leading Internal Revenue Service (IRS) agents in their crypto enforcement efforts,… more

Continuing Legal Education, Criminal Investigations, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions

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Charnae Supplee

Once Again, IRS Extends Nondiscrimination Relief for Frozen Defined Benefit Plans

The Internal Revenue Service (IRS) has once again extended the temporary nondiscrimination relief for frozen defined benefit plans, now through 2020. Frozen pension plans are pension plans that have been closed to new… more

401k, Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, IRS

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Rodney Swartz, PhD

‘Show Me The Money’ Isn’t Enough: Disproportionate $1.7M Attorneys’ Fees Rejected

The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International,… more

Appeals, Attorney's Fees, Copyright, Copyright Litigation, Music Streaming

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Neeraj Tah

Post Expo Real and the UK Budget – UK Real Estate to Survive or Thrive in 2025?

Having taken time to reflect on the mood and sentiment at Expo Real 2024 among clients, contacts, and European real estate partners at McDermott, the general outlook within the Messe could be best described as one of cautious… more

Budgets, Buyers, Investors, Real Estate Development, Real Estate Investments

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Priya Taneja

New UK Securitisation Framework | Regulators Publish Final Rules

The following is a brief update on significant changes to the United Kingdom’s securitisation framework following publication of the final revised securitisation rules by the Financial Conduct Authority (FCA) and the Prudential… more

Final Rules, Financial Conduct Authority (FCA), Financial Regulatory Reform, Investment, Investors

See all updates »

Tomoki Tanida

[Virtual Event] 9th McDermott International Japan Seminar Series - January 21st - February 4th, 10:00 am - 11:00 am JST

In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person, we… more

Acquisitions, Biden Administration, Compliance, Coronavirus/COVID-19, Cross-Border Transactions

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Allison McSorley Tassel

Maryland Passes Its Own Consumer Data Privacy Law

On April 6, 2024, the Maryland Legislature passed a comprehensive privacy bill, sending the Maryland Online Data Privacy Act of 2024 (MODPA) to Governor Wes Moore’s desk for signature into law. The law, which would take effect… more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

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Christian Tatum

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately… more

Abuse of Discretion, Appeals, Appellate Courts, Attorney's Fees, Bad Faith

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David Taub

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based… more

Broker-Dealer, CFTC, Cross-Border Transactions, Cryptocurrency, Digital Assets

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Dr. Kian Tauser

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Kristin Taylor

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal… more

Artificial Intelligence, Continuing Legal Education, Drug Testing, Employee Handbooks, Employer Liability Issues

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Volker Teigelkötter

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung… more

Corporate Culture, Dismissals, Employees, Employer Liability Issues, Employment Litigation

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Nadine Tejadilla

This Week in 340B: August 5 – 11, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary… more

Amicus Briefs, Appeals, Breach of Contract, Healthcare, HRSA

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Andrea Tempestini

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

See all updates »

Mike Tenenboym

IRS announces intent to withdraw controversial DPL rules

The US Department of the Treasury and the Internal Revenue Service (IRS) recently issued Notice 2025-44, announcing their intent to withdraw the controversial disregarded payment loss (DPL) rules finalized at the end of the… more

Comment Period, Corporate Taxes, Final Rules, Income Taxes, Internal Revenue Code (IRC)

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Anthony Teng

Proposed Regulations From the IRS Outline Reporting Requirements for Cryptocurrency “Brokers”

On August 29, 2023, the Internal Revenue Service (IRS) published new proposed regulations on tax reporting requirements for cryptocurrency brokers. The proposed regulations build on efforts to expand IRS regulation over… more

Brokers, Comment Period, Cryptocurrency, Digital Assets, IRS

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David Tewksbury

Key Takeaways | Outlook for Competitive Power in 2022

On February 2, Neil Levy and David Tewksbury, partners in McDermott’s Energy Regulatory, Markets & Reliability Practice Group, hosted Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), for an… more

Carbon Emissions, Energy Market, Energy Projects, Energy Sector, FERC

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Mara Theophila

[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare… more

Administrative Procedure Act, Anti-Kickback Statute, Antitrust Provisions, Attorney-Client Privilege, Chief Compliance Officers

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Calum Thom

International News: Focus on International M&A

The Impact of The EU General Data Protection Regulation - The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise agreed… more

Acquisitions, Antitrust Litigation, Carry Forward, CFIUS, Cross-Border Transactions

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Benjamin (Ben) Thompson

International News: Spotlight on Innovation - Issue 60

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court simplifying… more

Artificial Intelligence, EU, Financial Regulatory Reform, Healthcare, Innovative Technology

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Paul Thompson

International Legal Highlights / Spring, 2024

DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM - During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney… more

Artificial Intelligence, Automotive Industry, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Daniel Thomson

French and US Bankruptcy Sales Compared

For global creditors, bidders and other interested parties, the jurisdictional differences in bankruptcy proceedings is an issue that should not be ignored. Dissimilarities in US and French bankruptcy law necessitate a keen… more

Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors, Distressed Assets

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Jack Thorne

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

See all updates »

Brian Tiemann

Trump EO seeks to expand access to alternative investments in retirement plans

On August 7, 2025, President Trump issued an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order seeks to clarify the obligations of Employee Retirement Income Security Act (ERISA)… more

401k, Alternative Investment Funds, Defined Contribution Plans, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Philip Tingle

The One Big Beautiful Bill Act: Navigating clean energy tax credits in a new era

On July 4, 2025, US President Donald Trump signed into law a budget reconciliation bill known as H.R.1: the One Big Beautiful Bill Act (OBBBA). The OBBBA generally accelerated phase-outs to the Inflation Reduction Act of 2022… more

Clean Energy, Energy Projects, Energy Tax Incentives, Federal Budget, Foreign Entities

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Ryan Tisch

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern… more

Antitrust Division, Antitrust Litigation, Competition, Federal Trade Commission (FTC), Manufacturers

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David Tobin

[Ongoing Program] PTAB Session: Strategic Considerations Before Filing IPR Petitions - April 21st, 10:00 am - 11:00 am JST

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these… more

Continuing Legal Education, Estoppel, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Applications

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Tony Toran, II

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all plaintiffs,… more

Adverse Employment Action, Affirmative Action, Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Civil Rights Act

See all updates »

Vanessa Torres

Unclaimed Property Laws and the Health Industry: Square Peg, Round Hole

Likely due to the tremendous number of healthcare mergers, acquisitions, and private equity deals that have been taking place, the industry has recently been the target of multistate unclaimed property audits. This increased… more

Acquisitions, False Claims Act (FCA), Health Care Providers, Health Insurance, Healthcare

See all updates »

Dominique Torsiello

Defense Innovation Unit Air Force Solicitation: Opportunities for Renewable Energy and Energy Storage Project Sponsors

Large, utility-scale US Department of Defense (DoD) renewable energy projects, which have not been pursued by the DoD for more than six years, may finally be back. The Defense Innovation Unit (DIU) is actively seeking solutions… more

Capital Investments, Department of Defense (DOD), Energy Sector, Energy Storage, Filing Deadlines

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Tala Toufanian Jayadevan

US Attorney’s Office in California Announces Voluntary Self-Disclosure and Whistleblower Program for Corporate, Financial Crimes

On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The… more

California, Corporate Crimes, Corporate Governance, Financial Crimes, New Legislation

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Ethan Townsend

Delaware Court Invalidates Stockholder Agreement Governance Provisions

In holding that certain provisions within the stockholder agreement of a Delaware corporation are invalid under the Delaware General Corporation Law (DGCL), the Delaware Court of Chancery has created a framework for evaluating… more

Board of Directors, Commercial Litigation, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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Jake Townsend

[Webinar] Cutting Through the COVID-19 Chaos: Strategies for Investing in Private Funds in Uncertain Times - June 25th, 1:00 pm - 2:00 pm ET

Join a team of McDermott corporate partners for an interactive discussion on investor considerations and hurdles arising from the current investing landscape when making investments in private equity and hedge funds, such… more

Accredited Investors, Continuing Legal Education, Coronavirus/COVID-19, Hedge Funds, Investment Funds

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Brian Tratner

SEC Adopts Final Pay Versus Performance Rules

On August 25, 2022, the US Securities and Exchange Commission (SEC) adopted final rules to implement the pay versus performance disclosure requirement mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act… more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Final Rules, Pay-for-Performance

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Emmanuelle Trombe

Transaction and Financing Trends in Life Sciences - European Health & Life Sciences Symposium 2025

In April, McDermott was pleased to once again host our annual European Health & Life Sciences Symposium in Paris. Welcoming a crowd of more than 300 innovators, investors, business leaders and advisers from across the industry,… more

Acquisitions, Biotechnology, EU, Financing, Investment

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Daphne Trotter

EPA Raises Statutory Civil Monetary Penalty Amounts

On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which becomes… more

Civil Monetary Penalty, Clean Air Act, Clean Air Act Violations, Clean Water Act, Cost-of-Living Adjustment (COLA)

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Teal Trujillo

Special Report: Examining Group Health Coverage Alternatives for Small Employers - Update

Originally published in February 2025, this updated report provides new material on physician practice management (PPM) arrangements, reference-based pricing arrangements, minimum essential coverage (MEC) and MEC+ plans, and… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Health Insurance

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Dr. Deniz Tschammler

International News: Spotlight on Innovation - Issue 60

Innovation fuels business growth and ushers in success, yet it brings its own set of challenges. In our latest issue, we explore innovative products and processes including: - The EU’s new Unified Patent Court simplifying… more

Artificial Intelligence, EU, Financial Regulatory Reform, Healthcare, Innovative Technology

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Rosemary Tulloch

AI meets real estate – Balancing innovation and compliance in the EU, UK, and US

Artificial Intelligence (AI) is taking the global commercial real estate market by storm. It is accelerating processes, driving down costs, and enhancing efficiency across a range of functions. In the EU, AI optimizes… more

Artificial Intelligence, Commercial Real Estate Market, Data Privacy, EU, General Data Protection Regulation (GDPR)

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Erin Turley

Special Report: Examining Group Health Coverage Alternatives for Small Employers - Update

Originally published in February 2025, this updated report provides new material on physician practice management (PPM) arrangements, reference-based pricing arrangements, minimum essential coverage (MEC) and MEC+ plans, and… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Health Insurance

See all updates »

Calli Turner

A Matter of Trusts: Tenth Circuit to Decide Important ESOP Case

The ESOP industry is paying close attention to a Tenth Circuit appeal that will address the deferral of corporate deductions for certain accrued expenses payable to ESOP-participating employees. This appeal, which pertains to an… more

Employee Benefits, ESOP, Retirement Plan, S-Corporation, Stocks

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George Tzanetakos

Biden Administration Takes Action to Improve Competition, Transparency and Quality for Hospitals and Nursing Homes

The Centers for Medicare & Medicaid Services (CMS) recently published detailed databases summarizing changes of ownership of Medicare-enrolled hospitals and skilled nursing facilities (SNFs). The databases currently include… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Competition, Hospitals, Long Term Care Facilities

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Dr. Philip Uecker

EuGH zur Zukunft der (Datenschutz-)Betriebsvereinbarungen: Was ändert sich?

Der Europäische Gerichtshof (EuGH) hat festgestellt, dass Kollektivvereinbarungen (wie bspw. Betriebsvereinbarungen) nur dann eine rechtliche Grundlage für die Verarbeitung von Beschäftigtendaten darstellen können, wenn sie… more

Data Privacy, Data Protection, Employees, Employer Liability Issues, EU

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Dr. Maximilian Uibeleisen

Federal court of justice decides on construction cost subsidies for battery storage systems

On 15 July 2025, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made its awaited decision (case no. EnVR 1/24) on construction cost subsidies (Baukostenzuschüssen) for battery storage systems (“BESS”)… more

Batteries, Construction Industry, Energy Policy, Energy Projects, Energy Storage

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Robert Underwood

ANDA Update - Volume 2, Number 2

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice requirements… more

Abbreviated New Drug Application (ANDA), Actavis Inc., Amgen, Assignments, Attorney-Client Privilege

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Dr. Boris Uphoff

[Event] 2024 McDermott International Seminar in Japan - January 17th, Tokyo, Japan

マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします。… more

Antitrust Provisions, Artificial Intelligence, Best Practices, CFIUS, Competition

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Anthony Upshaw

Leaders Moving 2020 Forward with Tony Upshaw and Karl Reid

As the Executive Director of the National Society of Black Engineers, Karl Reid, Ed.D., is working with companies to help them respond to calls for racial justice during the coronavirus pandemic. He is one of the Leaders Moving… more

Coronavirus/COVID-19, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employment Policies

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Dr. Sandra Urban-Crell

Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die… more

Collective Bargaining, Coronavirus/COVID-19, Corporate Governance, Data Protection, Employer Liability Issues

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Jake Vallen

PTO Proposes New Guidelines for Director Review in Board Proceedings

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. Rules Governing Director Review of Patent… more

America Invents Act, Comment Period, Director of the USPTO, New Guidance, Notice of Proposed Rulemaking (NOPR)

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Dale Van Demark

No state AI law moratorium in One Big Beautiful Bill Act

On July 4, 2025, US President Donald Trump signed into law the budget reconciliation bill, known as the One Big Beautiful Bill Act, after the US Senate voted to remove language that would have prohibited states from enforcing… more

Artificial Intelligence, Automated Decision Systems (ADS), California, Colorado, Federal Budget

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Karolien Van der Putten

European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference… more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

See all updates »

Troy Van Dongen

Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace does… more

Appeals, B&O Tax, Department of Revenue, Income Taxes, IRS

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Christian von Sydow

[Virtual Conference] 2021 Cross-Border M&A and Private Equity Conference - September 29th, 12:15 pm - 4:45 pm CEST

McDermott is proudly sponsoring the 2021 Cross-Border M&A and Private Equity Virtual Conference (MUMAC) which will be held virtually, streamed live from the Bayerischer Hof in Munich. Sessions will include: - Keynote… more

Acquisitions, Coronavirus/COVID-19, Corporate Restructuring, Cross-Border Transactions, Foreign Investment

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Giulia Venanzoni

Unveiling the Chaos: Rogue Filings at Companies House and the Quest for Reform

Companies House, the UK’s official company register, has recently come under the spotlight due to a series of rogue filings that have affected over 190 companies, including several high-profile organizations such as Sainsbury’s,… more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Enforcement Actions

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Fabiola Díaz Vera

CMS Proposes to Prohibit Overrides in Medicare Advantage

On November 6, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding Contract Year (CY) 2025 Policy and Technical Changes to the Medicare Advantage (MA) and Medicare Prescription Drug Benefit… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Managed Care Contracts, Medicare, Medicare Advantage

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Antoine Vergnat

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Hendrik Viaene

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore… more

Antitrust Investigations, Appeals, Competition, Competition Authorities, Dawn Raids

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Jessica Vishny

Trending in Telehealth: August 26 – September 17, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the… more

Digital Health, Health Care Providers, Healthcare, Interstate Compacts, Medicaid

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Joseph Viviano

Action Steps Following the Largest-Ever IRS Data Breach

On January 29, 2024, Charles E. Littlejohn was sentenced to five years in prison for committing one of the largest heists in the history of the federal government. Littlejohn did not steal gold or cash, but rather, confidential… more

Confidential Information, Criminal Prosecution, Data Breach, Fraud, Identity Protection Services

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Dr. Marion von Grönheim

[Event] Private Equity Bootcamp 2023 - June 22nd, Frankfurt, Germany

We cordially invite you to our Private Equity Bootcamps in Frankfurt and Munich this year. Experienced speakers from our firm will train you and your colleagues during a workshop and provide legal and tax basics for the… more

Acquisition Agreements, Acquisition Finance, Acquisitions, Events, Private Equity

See all updates »

Katie Waldo

Healthcare Preview for the Week of: July 28, 2025

Senate Steers Toward Summer Break - With the House already on August recess, the Senate will consider several of President Trump’s nominees, including Gustav Chiarello III to be an assistant secretary of the US Department of… more

Department of Health and Human Services (HHS), Government Agencies, Healthcare, Healthcare Reform, Legislative Agendas

See all updates »

Monica Wallace

Healthcare Regulatory Check-Up Newsletter | July 2025 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2025, including the results of the US Department of Justice’s (DOJ) 2025 National Health Care Fraud Takedown, DOJ… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Mary Waller

Healthcare Regulatory Check-Up Newsletter | January 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the new Innovation in… more

1115 Waivers, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Claims Act (FCA)

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Evan Walters

IRS roundup: August 12 – August 20, 2025

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for August 12, 2025 – August 20, 2025. August 15, 2025: The IRS issued Notice 2025-42, providing guidance consistent with… more

AFR, Energy Tax Incentives, Executive Orders, Interest Rates, Internal Revenue Code (IRC)

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Sarah Walters

[Webinar] 2024 Enforcement Outlook Series | Key Insights on Compliance and Enforcement Priorities for the Year Ahead - February 7th, 12:00 pm - 1:00 pm EST

We’re looking forward to another year of our Enforcement Outlook webinar series, which we’ve designed to keep you up to date on the enforcement trends that might impact your organization’s compliance strategy… more

Chief Compliance Officers, Compliance, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Viola Walther

World’s first Artificial Intelligence Regulations established – Council and Parliament reach historic accord on pioneering Artificial Intelligence Act

The European Council and the European Parliament have achieved a provisional agreement on the Artificial Intelligence (“AI”) Act, establishing the world’s first set of rules for AI. The draft regulation aims to guarantee the… more

Artificial Intelligence, Enforcement Actions, EU, European Parliament, Legislative Agendas

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Rebecca Waltuch

Money Talks: Important Takeaways from the OIG’s Civil Monetary Penalties Final Rule

In a burst of rulemaking in December 2016, the US Department of Health and Human Services, Office of Inspector General, issued two new final rules containing significant changes to OIG’s Civil Monetary Penalty authorities… more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Drug Pricing

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Kevin Wang

Healthcare Enforcement Roundup - Volume 1, 2021

Stay current on the healthcare enforcement issues impacting your business’ compliance strategies. In this installment of the Healthcare Enforcement Roundup, we address: • Key areas of enforcement scrutiny in 2021, including… more

1135 Waivers, Biden Administration, Coronavirus/COVID-19, Criminal Prosecution, Department of Health and Human Services (HHS)

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Li Wang

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the… more

CARES Act, Confidential Information, Department of Health and Human Services (HHS), Final Rules, Health Information Technologies

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Tara Ward

Understanding and Navigating Compliance with NIH Grant DEI Policies

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the NIH,… more

Anti-Discrimination Policies, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders

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Thomas Ward

Key One Big Beautiful Bill Act implications for family offices and high-net-worth investors

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), the most significant US tax overhaul since the 2017 Tax Cuts and Jobs Act (TCJA). The OBBBA includes critical changes impacting family offices,… more

Capital Gains Tax, Closely Held Businesses, Estate Planning, Federal Budget, High Net-Worth

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Jenny Johnson Ware

[Event] 2022 West Coast Forum - November 10th, Palo Alto, CA

Join us this November for McDermott Will & Emery’s Private Client West Coast Forum. At these complimentary programs, experienced McDermott partners will lead discussions on a broad range of topics pertinent to… more

Continuing Legal Education, Diminished Capacity, Estate Planning, Events, Family Offices

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Andrew Warmus

International News: Spotlight on Foreign Investment

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements… more

Acquisitions, Bilateral Investment Treaties, Buyers, Carve Out Provisions, Cross-Border Transactions

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Margaret Warner

Trial Lawyer Q&A - On the Stand With Peg Warner

Peg Warner has tried over 50 cases spanning jury trials (including one that lasted nearly five months), bench trials and arbitration hearings. She has served as first-chair counsel in state and federal courts in over 30… more

Best Practices, Interviews, Legal Project Management, Litigation Strategies, Trial Attorneys

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John Warren

MedPAC Votes to Recommend Changes to 340B Drug Payment Under Medicare Part B

For most of the past year, the Medicare Payment Advisory Commission (MedPAC) has been examining Medicare Part B payments to hospitals that participate in the 340B drug purchasing discount program in an effort to better align… more

Drug Pricing, Hospitals, Medicare Part B, MedPAC, Prescription Drugs

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Norman Wasse, LLM

[Event] Private Equity Bootcamp 2023 - June 22nd, Frankfurt, Germany

We cordially invite you to our Private Equity Bootcamps in Frankfurt and Munich this year. Experienced speakers from our firm will train you and your colleagues during a workshop and provide legal and tax basics for the… more

Acquisition Agreements, Acquisition Finance, Acquisitions, Events, Private Equity

See all updates »

Joseph Wasserkrug

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one or… more

Class Action, COBRA, Corporate Counsel, Department of Labor (DOL), Disclosure Requirements

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Sönke Wassermann

Annahmeverzugslohn und Anrechnung von anderweitigem Erwerb – Tipps für die Praxis

Grundsätzlich gilt: Ohne Arbeit kein Lohn. Eine Ausnahme ist der Annahmeverzugslohn (siehe auch HR-News Beitrag vom 17. Oktober 2023: „Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?“). Diesen muss der… more

Employees, Employer Liability Issues, Germany, International Labor Laws, Profit Sharing

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Gregory Weigand

Target LLCs as S Corporations: The Boilerplate Operating Agreement and the Importance of Revenue Procedure 2022-19

Many closely held businesses operate through entities classified as “S corporations,” an elective federal income tax regime that combines elements of corporate and partnership taxation. Among other reasons, S corporations are… more

Acquisitions, Corporate Taxes, Due Diligence, Internal Revenue Code (IRC), Limited Liability Company (LLC)

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Dr. Tim Weill

Spotlight on the “Partner Countries” Exemption from Sanctions against Russia

From June 20, 2024, EU companies with a presence in Russia will no longer be able to rely on the “partner countries” exemption and will be required to obtain, or rely on, a licence to provide business services and/or software to… more

Economic Sanctions, EU, France, General Licenses, Germany

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Scott Weinberg

Guarding the Gateway: Florida Tightens Grip on Electronic Health Records Storage

In May 2023, the Florida Legislature amended the Florida Electronic Health Records Exchange Act to add a provision regarding the security and storage of patient information. It took effect on July 1, 2023. To ensure compliance,… more

Data Protection, Data Security, Electronic Medical Records, Electronically Stored Information, Florida

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Matthias Weingut

The Hereditary Debt of the Investment-Controlled Screw

The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) - The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) continues the long-standing trend towards more… more

Coronavirus/COVID-19, EU, Foreign Trade Regulations, Germany, Investment Controls

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Jeff Weinstein

A need for speed: FDA piloting voucher program to expedite drug review

On July 22, 2025, the US Food and Drug Administration (FDA) started accepting applications to participate in the Commissioner’s National Priority Voucher (CNPV) pilot. This one-year initiative – announced on June 17 – aims to… more

Clinical Trials, Drug Pricing, Food and Drug Administration (FDA), Government Agencies, Healthcare

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Scott Weinstein

New ONC Final Rule Expands Information Blocking Regulatory Exceptions

On December 13, 2023, the US Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) issued the Health Data, Technology, and Interoperability: Certification… more

Electronic Protected Health Information (ePHI), Exceptions, Final Rules, Health Care Providers, Health Information Technologies

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Julian Rößler-Weis

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in individual… more

Acquisitions, Artificial Intelligence, Department of Justice (DOJ), Emerging Technologies, EU

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April Weisbruch

The Application of “Authentication by Comparison” at the PTAB

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and… more

Appeals, Authentication, Federal Rules of Evidence, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Dr. Antje Weiss

Mobility@McDermott: Monthly Update (09/2023)

1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations… more

Antitrust Division, Automotive Industry, Clean Energy, Competition, Competition Act

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Dr. Matthias Weissinger

Private Markets Update | Summer 2024

The Private Markets Update highlights key developments emerging from private markets across Europe, the UK and the United States, exploring the cross-border issues that matter to investors and sponsors in alternative assets… more

Acquisitions, Artificial Intelligence, Capital Markets, Cross-Border, EU

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Jacob Weissman

Healthcare Regulatory Check-Up Newsletter | October 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for October 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False Claims… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Criminal Convictions, Department of Health and Human Services (HHS), Enforcement Actions

See all updates »

Dr. Rick Wndler

A Win for Patentees: UPC Issues First Reasoned Decisions

The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one case… more

EU, European Patent Office, Ex Parte, Germany, Intellectual Property Protection

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Kristian Werling

New Requirements for Illinois Dental Practices Using Third-Party Financing

Third-party financing services are frequently used by patients to finance out-of-pocket dental expenses. Effective January 1, 2025, dental practices in Illinois are prohibited from facilitating or assisting with patient… more

Compliance, Consumer Financial Products, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Andrew West

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of… more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

Eleanor West

[Event] HPE Europe 2023 - September 21st, London, United Kingdom

HPE Europe is back! Join the biggest names in healthcare, life sciences and private equity for an unforgettable day of thought-provoking discussions, cutting-edge insights and valuable networking opportunities at the… more

Artificial Intelligence, Digital Health, Events, Health Care Providers, Health Information Technologies

See all updates »

Judith Wethall

Fun for the Whole Family: More ACA Subsidies Apply

On October 11, 2022, the US Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations to modify how affordability under the Affordable Care Act (ACA) is determined for an offer of coverage… more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Enrollment, Final Rules

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Christopher Whalen

Healthcare Regulatory Check-Up Newsletter | May 2025

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for May 2025, including the rollout of a new Centers for Medicare & Medicaid Services (CMS) strategy to expand and enhance Medicare… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

See all updates »

Tom Whelan

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of… more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

Jeremy White

The Next Wave of ADA Website Accessibility Lawsuits Against Alcohol Suppliers

The increasing popularity of online shopping has made e-commerce businesses – specifically those in the alcohol beverage industry – a frequent target for costly litigation. In lockstep with the continued prevalence of website… more

Americans with Disabilities Act (ADA), Business Litigation, Disability, E-Commerce, Federal Trade Commission (FTC)

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Merrick White

International News Spotlight on Private Equity and Private Wealth with Merrick White

With traditional financers heavily influenced by public opinion and political influence, restrictions on their lending to the hydrocarbon industry are likely to remain. So where will the funding for much needed investment in… more

Banking Sector, Financial Institutions, Financial Services Industry, Hydrocarbons, Investment Funds

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Neal White, PC

International News: Focus on Compliance

In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery… more

Chief Compliance Officers, China, COMESA, Compliance, Disclosure Requirements

See all updates »

Rodney Whitlock Ph.D.

Healthcare Preview for the Week of: July 28, 2025

Senate Steers Toward Summer Break - With the House already on August recess, the Senate will consider several of President Trump’s nominees, including Gustav Chiarello III to be an assistant secretary of the US Department of… more

Department of Health and Human Services (HHS), Government Agencies, Healthcare, Healthcare Reform, Legislative Agendas

See all updates »

Hannelore Wiame

European Competition Review 2022

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference… more

Abuse of Dominance, Court of Justice of the European Union (CJEU), Digital Markets Strategy, EUMR, European Commission

See all updates »

Michael Wilder

IRS Releases Memorandum Regarding Advance Payments of Section 367(d) Inclusions

On September 23, 2022, the Internal Revenue Service (IRS) released a memorandum (AM 2022-003) concluding that taxpayers cannot make advance payments of section 367(d) inclusions except in the limited situation in which the US… more

Foreign Corporations, Intangible Property, Internal Revenue Code (IRC), IRC Section 367, IRS

See all updates »

Allison Wilkerson

Special Report: Examining Group Health Coverage Alternatives for Small Employers - Update

Originally published in February 2025, this updated report provides new material on physician practice management (PPM) arrangements, reference-based pricing arrangements, minimum essential coverage (MEC) and MEC+ plans, and… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Health Insurance

See all updates »

Joseph Winterscheid

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $76.3 Million

The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition… more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Jurisdiction, The Clayton Act

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Hanno Witt

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Ilva Woeste

Krankenstand so hoch wie nie: Was können Arbeitgeber tun?

Die Statistiken sind eindeutig: Im Jahr 2023 fehlten Arbeitnehmer in Deutschland krankheitsbedingt durchschnittlich 15,2 Tage. Damit hat der Krankenstand in Deutschland einen neuen Höchstwert erreicht. Oft bestehen Bedenken, ob… more

Employees, Employer Liability Issues, Employment Litigation, Germany, International Labor Laws

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Steffen Woitz

Limitation Periods for Antitrust Damages Actions in The European Union

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of the… more

Antitrust Litigation, EU, EU Directive, Statute of Limitations

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Meaghan Wolfe

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with… more

Acquisitions, Best Practices, Continuing Legal Education, Controlled Foreign Corporations, Corporate Taxes

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Dr. Laura Katharina Woll, LL.M.

News From Across the Pond: UK+ Regime Now Permanent

In 2021, shortly after Brexit became effective, the UK Intellectual Property Office (IPO) established the “UK+ regime” on the exhaustion of intellectual property (IP) rights with regard to the European Economic Area (EEA). After… more

Copyright, EU, EU Directive, European Economic Area (EEA), Intellectual Property Protection

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Daniel Woodard

SEC Launches New Crypto Task Force

On January 21, 2025, US Securities and Exchange Commission (SEC) Acting Chairman Mark T. Uyeda announced the formation of a new crypto task force. This initiative aims to develop a comprehensive and clear regulatory framework… more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions

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Marta Wrobel

Textualism and Contextualism in English Contractual Interpretation – Concord Not Conflict

A recent UK Supreme Court judgment provides helpful guidance on the alternative pathways available to the courts in construing commercial contract provisions… more

Commercial Contracts, Share Purchase Agreements, UK

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Stephen Wu

Antitrust M&A Snapshot - Q3 2024

The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger challengers… more

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

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Kwabena Yeboah

Inflation Reduction Act & Long-Term Capital Gain for Carried Interest

OVERVIEW OF CARRIED INTEREST RULES Section 1061 of the Code, enacted in 2017 as part of the Tax Cuts and Jobs Act, recharacterizes certain gain that would otherwise qualify as long-term capital gain with respect to “applicable… more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

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John Ying

CPPA moves closer to finalizing amended CCPA regulations

As the California Privacy Protection Agency (CPPA) prepares for its July 24, 2025, meeting, it released a revised set of California Consumer Privacy Act (CCPA) regulations that contain modest changes to the ones it released in… more

Amended Regulation, California, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy

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Lowell Yoder

Whirlpool Update: New Filings and Distribution for Supreme Court Conference

On November 2, 2022, the Supreme Court of the United States announced that the case of Whirlpool Financial Corp., et al., Petitioners v. Commissioner of Internal Revenue, No. 22-9, has been distributed for consideration at its… more

IRS, Petition for Writ of Certiorari, SCOTUS, U.S. Treasury

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Nicole Yoon

International News: Focus on Global Privacy and Cybersecurity - September 2020

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will… more

Bluetooth, California Consumer Privacy Act (CCPA), Contact Tracing, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU)

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Doris Yuen

Data breach litigation targets wine company: Lessons for alcohol industry players

On July 30, 2025, a wine producer was sued in connection with a cyberattack that allegedly compromised the data of at least 26,000 customers. Among other things, the complaint alleges that the company failed to implement… more

Class Action, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Hamid Yunis

HPE Europe 2023 | Key Takeaways

240+ leading individuals in healthcare, life sciences and private equity gathered at The Langham Hotel in central London for HPE Europe 2023 for a day packed with fireside chats, in-depth plenary sessions and an abundance of… more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

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Edward Zacharias

Colorado Fails to Amend Groundbreaking AI Law: What Happened and What’s Next

On May 5, 2025, the Colorado Senate rejected an attempt by state lawmakers to amend Colorado’s landmark artificial intelligence (AI) law, known as Senate Bill (SB) 205. Colorado State Senator Robert Rodriguez and State… more

Algorithms, Artificial Intelligence, Colorado, Compliance, Disclosure Requirements

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Edward Zaelke

Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules imported… more

Anti-Dumping Duty, Cambodia, Certifications, China, Countervailing Duties

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Bianca Zagatta

No Boundaries? European UPC Confirms Its International Jurisdiction

The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that the UPC has international jurisdiction for alleged infringement actions that originate outside the UPC’s Member States. Dish and Sling v. AYLO, Case No… more

Appeals, EU, International Jurisdiction, Patent Infringement, Patent Litigation

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Patrick Zanayed

New Illinois law updates physical therapy standards for telehealth providers

On August 15, 2025, Illinois enacted Senate Bill (SB) 2153, which became effective on the date of signature. The legislation amends the Illinois Physical Therapy Act to remove various provisions that previously limited the… more

Digital Health, Health Care Providers, Illinois, New Legislation, Patient Access

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Andrea Zazulia

Five Questions With a Health Lawyer: Andrea Zazulia

What is your favorite part about practicing healthcare law at McDermott? I am grateful to be part of a health and life sciences team that is truly world-class. Our group is intentional about collaboration and innovation. Having… more

Acquisitions, Artificial Intelligence, Data Privacy, Data Security, Healthcare

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Robert Zelnick

[Ongoing Program] Trademark Session: New Options for Trademark Enforcement in the US Under the Trademark Modernization Act - April 6th, 10:00 am - 11:00 am JST

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these… more

Continuing Legal Education, Ex Partes Reexamination, Expungement, Intellectual Property Protection, Trademark Application

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Ludwig Zesch

[Event] Private Equity Boot Camp 2023 - November 9th, Munich, Germany

We cordially invite you to our Private Equity Boot Camp in Munich this year. Experienced speakers from our Firm will train you and your colleagues during a workshop and provide legal and tax basics for the successful… more

Acquisitions, Banks, Events, Financing, Investment Adviser

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Betty (Yajing) Zhang

FTC Revives Orange Book Listing Challenges

On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers for allegedly improper listing of patents in the… more

Antitrust Provisions, Antitrust Violations, Enforcement Actions, FDA Approval, Federal Trade Commission (FTC)

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John Zhang

The One Big Beautiful Bill Act: Navigating clean energy tax credits in a new era

On July 4, 2025, US President Donald Trump signed into law a budget reconciliation bill known as H.R.1: the One Big Beautiful Bill Act (OBBBA). The OBBBA generally accelerated phase-outs to the Inflation Reduction Act of 2022… more

Clean Energy, Energy Projects, Energy Tax Incentives, Federal Budget, Foreign Entities

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Jane Zhao

A Socially Distanced Ceremony: Virtual Execution of Estate Planning Documents

Remote witnessing and notarization is quickly becoming the new normal for executing estate planning documents. Instead of an in-person meeting, a witness or notary who is outside the physical presence of the signatory uses… more

Coronavirus/COVID-19, England, Estate Planning, Governor Cuomo, Governor DeSantis

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Roy P.C. Zhu

China’s New Foreign Investment Law: What’s New and What’s Next

On 15 March 2019, the Second Session of the 13th National People’s Congress approved the Foreign Investment Law of the People’s Republic of China to go into effect on 1 January 2020. With it, China’s legal framework surrounding… more

China, Corporate Governance, Foreign Acquisitions, Foreign Investment, Intellectual Property Protection

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Eric Zimmerman

CMS releases CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System proposed rule

On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1834-P], which… more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Financial Services Industry, Healthcare, Healthcare Reform

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Daniel Zucker

CARES Act Five-Year NOL Carryback Rules Will Have Significant Impact on M&A Transactions

The CARES Act bring changes to the net operating loss rules that may impact completed and future corporate transactions… more

Acquisitions, CARES Act, Coronavirus/COVID-19, Mergers, Net Operating Losses

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