BakerHostetler

Federal Circuit Provides Guidance on Joint Infringement Standard

In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017), the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a). Specifically, the court provided guidance on performing… more

Joint Infringement, Patent Infringement, Patent Litigation, Patents

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The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the… more

China, Controlled Foreign Corporations, Data Brokers, Data Privacy, Enforcement Authority

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DOJ Announces Major Corporate Enforcement Policies

Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs (and… more

Chief Compliance Officers, Compliance, Compliance Monitoring, Cooperation, Corporate Crimes

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Privacy ‘Deep in the Heart of Texas’: An Overview of the Texas Data Privacy and Security Act

Texas, long lauded as one of the most “business-friendly” states, has passed a comprehensive privacy law that will bring new regulations to consumer personal data. The new Texas Data Privacy and Security Act (“TDPSA”), H.B. 4,… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, COPPA, Data Privacy, Data Security

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What Is a PFAS, and Why Should I Care? Part II - The Threat to the Restaurant and Food Packaging Industries, and Potential Personal Injury Classes

In our initial blog post, we introduced readers to per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” and predicted the rise of PFAS consumer class actions and increased regulatory activity barring the use… more

Bodily Injury, Class Action, Consumer Product Companies, Fast-Food Industry, Food Manufacturers

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Texas Wastewater Injection Wells Off the Hook for Causing Earthquakes

On September 10, the Texas Railroad Commission absolved a second oil and gas company of causing a series of earthquakes in northern Texas finding that the seismic activity was due to “natural tectonic processes.” The Commission… more

Earthquakes, Energy Sector, Fracking, Oil & Gas, Railroads

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SEC Adopts Final Rules Modernizing Business and Financial Disclosure Requirements

On March 20, 2019, the Securities and Exchange Commission (SEC) adopted amendments to the disclosure requirements for public companies under Regulation S-K, and to similar provisions regarding investment company disclosures… more

Amended Rules, Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), Investment Companies, Investors

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DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for… more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

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Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes… more

Acquisitions, Texas

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PPP Recipients Should Take Steps To Document Their Borrowings, Use of Funds and Related Transactions

The Paycheck Protection Program (PPP) was originally funded with $349 billion, and Congress recently appropriated another $310 billion for the program… more

Borrowers, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Relief Measures

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COPPA is All Grown Up: FTC Finalizes Rule

After a very long process, the Federal Trade Commission (FTC or Commission) announced the finalized updates to the Children’s Online Privacy Protection Act (COPPA) Rule. COPPA was last updated nearly 12 years ago, and much has… more

Consent, Consumer Privacy Rights, COPPA, Data Privacy, Federal Trade Commission (FTC)

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Florida Court Allows Plaintiff Extensive Communication with Putative Class Members

A recent decision from the Southern District of Florida denied a motion seeking to limit plaintiffs’ ability to contact putative class members to solicit support and evidence in support of a class certification motion. In A.R… more

Attorney Solicitation, Class Action, Class Certification, Medicaid, Putative Class Actions

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Delaware Amends General Corporation Law to Create Safe Harbor for Controller Transactions and Place Limitations on a Stockholders’ Ability to Inspect Corporate Records

Last week, the Delaware Governor signed a bill amending Section 144 of Delaware General Corporation Law (“DGCL”) to create a safe harbor from litigation for transactions between corporations and their controlling stockholders… more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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New Case Could Imperil Common Florida Condo Rule

Condominium associations have long had the power to adopt reasonable rules and regulations in order to govern their unit owners in an orderly fashion. However, a new ruling from a Florida court threatens to upend one… more

Condominium Associations, Condominiums, Property Owners, Records Request

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[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will… more

Claim Construction, Continuing Legal Education, Damages, Intellectual Property Litigation, Intellectual Property Protection

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The Labor Board Rises: President Trump Names Two NLRB Nominees, Meaning Potential for Quorum in Near Future

On July 16, President Donald Trump nominated to the National Labor Relations Board (NLRB or Board) Boeing’s chief labor counsel, Scott Mayer, and former NLRB attorney James Murphy. To be seated as Board members, Mayer and Murphy… more

Corporate Counsel, Federal Labor Laws, Labor Relations, NLRB, Presidential Nominations

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President Trump’s Executive Order Removes Federal Contractor Affirmative Action Requirements

On Jan. 21, President Donald Trump took aim at a long-standing executive order regarding diversity, equity and inclusion (DEI) in the American workplace… more

Affirmative Action, Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Diversity

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[Podcast] Rev Up! Deal Drivers: Steering Through Workforce Challenges in M&A

With a likely uptick in M&A and investment activity in the Automotive/Mobility industry just over the horizon, we grab the steering wheel and take a spin with Deal Drivers. Deal activity in the evolving automotive and mobility… more

Acquisitions, Automotive Industry, Manufacturers, Mergers, Motor Vehicles

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Show Me the Data: Investors Demand Better ESG Disclosures

Asset managers are always looking for a valuation edge. But even when key factors are identified, the data may not be available. This is particularly true with environmental, social and governance (ESG) issues… more

Corporate Governance, Environmental Social & Governance (ESG), Investors, Securities and Exchange Commission (SEC)

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BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking… more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

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Analysis of Opportunity Zone and Related Tax Credit Changes Under the 2025 Tax Legislation

In this alert, which is part of an eight-part series taking a deeper dive into various portions of the Legislation (International Tax; Opportunity Zone and Tax Credits; Green Energy Credits; Estate Planning and Individual Tax… more

Estate Planning, Executive Compensation, Exempt Organizations, Income Taxes, International Tax Issues

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Prepare To Be Under the Microscope: Transaction Review Laws in Healthcare and Private Equity M&A

A recent wave of state legislation is changing the course of healthcare transactions, and organizations (particularly private equity-backed organizations) that engage in mergers and acquisitions in the healthcare industry should… more

Acquisitions, Administrative Review, Corporate Practice of Medicine, Health Care Providers, Healthcare Facilities

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New Green Card Path for High-Achieving Employees

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases… more

Artists, Department of Labor (DOL), Green Cards, H-1B, Highly-Skilled Workers Visa

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Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell out… more

City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Federal Contractors Must File Objections to Prevent the Release of EEO-1 Reports Under FOIA

On October 29, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice that it received two requests for contractors’ 2021 Type 2 Consolidated EEO-1 Reports under the… more

Data Collection, EEO-1, Federal Contractors, FOIA, Objection Procedures

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Social Justice Movements & Employee Dress Codes

Employees showing support for social justice movements are starting to wear their advocacy positions on their sleeve – or on their face coverings or t-shirts. Who gets to decide what is offensive and what is not, and how should… more

Dress Codes, Employee Handbooks, Employee Rights, Employer Rights, Employment Policies

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FCPA Enforcement Is Back with a New Enhanced Focus on Protecting US Business Abroad, National Security, Individuals and (of Course) Ending All Aid to Cartels and TCOs

U.S. Department of Justice (DOJ) Deputy Attorney General Todd Blanche issued a memorandum on June 9 (the Memo), announcing DOJ will resume enforcement of the Foreign Corrupt Practices Act (FCPA) after its brief hiatus… more

Anti-Corruption, Cartels, Compliance, Corporate Misconduct, Criminal Prosecution

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Independent Oil and Gas Producers Defeat Attempt to Revive Obama-Era Hydraulic Fracturing Regulations

On March 27, 2020, the United States District Court for the Northern District of California granted summary judgment on behalf of BakerHostetler clients Independent Petroleum Association of America (IPAA) and Western Energy… more

Energy Sector, Fracking, Fracking Bans, Oil & Gas

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2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team… more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

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Trump Signs Price Transparency Executive Order

On Tuesday, Feb. 25, President Donald Trump signed an executive order titled “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information” (the Executive Order)… more

Department of Health and Human Services (HHS), Executive Orders, Health Care Providers, Healthcare, Hospitals

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

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Analysis of Opportunity Zone and Related Tax Credit Changes Under the 2025 Tax Legislation

In this alert, which is part of an eight-part series taking a deeper dive into various portions of the Legislation (International Tax; Opportunity Zone and Tax Credits; Green Energy Credits; Estate Planning and Individual Tax… more

Estate Planning, Executive Compensation, Exempt Organizations, Income Taxes, International Tax Issues

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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US Court of International Trade Strikes Down IEEPA Tariffs

A three-judge panel of the U.S. Court of International Trade ruled on Wednesday, May 28, that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) – namely the tariffs on Canada, Mexico, and China to… more

Appeals, Canada, China, Constitutional Challenges, Imports

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FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the… more

Business Interruption, Choice-of-Law, Contract Terms, Defense Strategies, Economic Sanctions

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The ABI Commission on Business Bankruptcy Reform: Director and Officer Fiduciary Duties and Lender Liability

Will Congress Finally Act? This is the third in a series of Alerts regarding the proposals made by the American Bankruptcy Institute’s Commission to Reform Chapter 11 Business Bankruptcies. It covers the Commission’s… more

American Bankruptcy Institute, Bankruptcy Code, Bankruptcy Reform, Board of Directors, Chapter 11

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The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the… more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

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Analysis of Estate Planning and Individual Tax Changes Under the 2025 Tax Legislation

For individual clients, the Legislation provides estate and tax planning opportunities, including through the increase in the federal gift, estate and generation-skipping transfer (GST) tax exemptions… more

Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption, Income Taxes

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SEC Approves Nasdaq Board Diversity Proposal

On Aug. 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved The Nasdaq Stock Market LLC’s (Nasdaq) proposal, as amended, to implement diversity requirements for companies listed on the Nasdaq exchanges. In a… more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Nasdaq

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FERC Action on Electric Storage Could be Transformational

In an action that industry observers have hailed as opening the floodgates for electric energy storage and sounding the death knell for peaking power plants across the nation, the Federal Energy Regulatory Commission (FERC) has… more

Electricity, Energy Market, Energy Sector, Energy Storage, FERC

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[Webinar] Paycheck Protection Program 2.0: What Borrowers Need to Know - February 22nd, 11:00 am - 12:30 pm EST

The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), enacted into law on December 27, 2020, provides additional, much-needed relief to businesses and families economically impacted by the… more

Amended Rules, Borrowers, Civil Liability, Continuing Legal Education, Coronavirus/COVID-19

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SEC Reopens Comment Period for Certain Comments Submitted Between June 2021 and August 2022, Including on Climate-Related Disclosure

​​​​​​​The U.S. Securities and Exchange Commission (SEC) issued a release on Oct. 7, 2022 (Release No. 33-11117, the “Release”) indicating that it was reopening comment periods for 11 proposed rules and a request for comment… more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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New York City Gives Birth to Paid Prenatal Leave Obligations for Employers

Although all New York state employees have been eligible for 20 hours of paid prenatal leave since Jan. 1, 2025, employers in New York City now have additional obligations in administering prenatal leave benefits… more

Employee Benefits, Employment Policies, Local Ordinance, Notice Requirements, Paid Leave

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The Right Way to Obtain Multi-Line Rights in a Right-of-Way Transaction in Texas

There are many misconceptions about how multi-line rights are created in Texas. Contrary to popular belief, a multiple pipeline right-of-way cannot just be created by changing “pipeline” to “pipelines” in the granting provision… more

Oil & Gas, Pipelines, Texas

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The DoD’s CMMC Rule Is Out: What Comes Next?

On October 15, 2024, the Department of Defense (DoD) published the final rule for the Cybersecurity Maturity Model Certification (CMMC) Program that not only finalizes the long-anticipated CMMC Rule but also foreshadows what… more

Certification Requirements, Comment Period, Compliance, Controlled Unclassified Information (CUI), Cybersecurity

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Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes… more

Acquisitions, Texas

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PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim… more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

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DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 2

In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we cover… more

Administrative Law Judge (ALJ), Administrative Procedure Act, Business Associates, Chevron Deference, Covered Entities

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Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher

On July 1, the California attorney general (CA AG) announced the largest CCPA settlement to date, $1.55 million, and the first settlement against a website publisher, Healthline Media LLC (Healthline)… more

California Consumer Privacy Act (CCPA), Corporate Counsel, Data Collection, Data-Sharing, Enforcement Actions

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Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and… more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

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DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices… more

Compliance, Department of Justice (DOJ), Discovery, Electronically Stored Information, Enforcement Priorities

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A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four

Welcome to the fourth installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the… more

Adtech, Advertising, Cookies, Data Collection, Data Privacy

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Be Aware as Trademark Email Scams Get More Sophisticated

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting… more

Email, Lanham Act, Scams, Trademarks, USPTO

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Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell out… more

City and County of San Francisco v Environmental Protection Agency, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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[Podcast] Trademark and Copyright: The Good Fight

In 2023, BakerHostetler saw cutting-edge legal issues and also the continuing evolution of fraudulent schemes targeting brand owners. Our attorneys have also dealt with increasingly sophisticated scams involving the misuse of… more

Brand, Copyright, Copyright Infringement, Corporate Branding, Intellectual Property Protection

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[Podcast] Technology from the Top: AI, Data and the Future of Business with Today’s CIOs – AI and Energy

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today’s CIOs” to discuss how they are adjusting to… more

Artificial Intelligence, Chief Information Officers (CIO), Clean Energy, Data Security, Energy Policy

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The Pregnant Workers Fairness Act Goes into Effect Today

Currently, workers are protected from discrimination based on pregnancy, childbirth or related medical conditions under the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964… more

Americans with Disabilities Act (ADA), Civil Rights Act, Duty to Accommodate, Equal Employment Opportunity Commission (EEOC), New Legislation

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US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply ‘ingrained… more

Affiliates, Alter Ego, Disgorgement, Lanham Act, Liability

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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Florida Revised Limited Liability Company Act

On May 3, 2013, the Florida House of Representatives unanimously passed the Florida Revised Limited Liability Act (the "New Florida Act") in the form of amended House Bill 1079. The companion bill, Senate Bill 1300, was… more

Appraisal, Limited Liability Company (LLC), Members, New Legislation, Waivers

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The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question that… more

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

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Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)… more

Advertising, Class Action, Consumer Protection Laws, Corporate Counsel, Electronic Communications

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Baked-In Apportionment

In Vectura, the Federal Circuit recently reiterated that the entire market value of an accused multicomponent product may serve as the royalty base if the patent damages analysis is built on sufficiently comparable licenses… more

Apportionment, Patent Infringement, Patent Royalties, Patents

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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CFPB Alleges Disparate Treatment in Amex’s US Territories’ Credit and Collection Practices

The Consumer Financial Protection Bureau (CFPB) has issued a Consent Order addressing alleged disparate treatment by banks in overseas territories of the United States. The Consent Order illuminates the CFPB’s approach to… more

Banking Sector, Consent Order, Consumer Financial Protection Bureau (CFPB), Disparate Treatment, Financial Institutions

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COVID19 Update: Anti-Hoarding Enforcement

Government enforcement agencies are cracking down on COVID-19-related wrongdoing. One focus of alleged wrongdoing is the industrial hoarding of supplies deemed essential in the fight against COVID-19… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Goods or Services, Price Gouging, Public Health

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Texas Takes Latest Step Toward Adopting UIDDA

Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA… more

Business Litigation, Commercial Litigation, Discovery, Jurisdiction, New Legislation

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New York Senate Passes Half-Million-Dollar Noncompete Wage Limit

As alluded to in our alert regarding nationwide changes in noncompete law, on June 9 the New York State Senate passed Senate Bill S4641 (S4641), which would restrict the use of noncompetes in New York for anyone earning less… more

Health Care Providers, Healthcare Workers, Highly Compensated Employees, Non-Compete Agreements, Nurses

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The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next

On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust and… more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Consumer Product Companies, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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[Podcast] 2022 DSIR Report Deeper Dive: Ransomware

The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021… more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Data Privacy

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New California Law Requires Additional Public Disclosure by Private Funds

On Sept. 14, 2016, the State of California enacted new legislation that requires additional public disclosure by the funds of any California public pension or retirement system, including the University of California (Public… more

Hedge Funds, Investment Funds, New Legislation, Private Equity, Private Funds

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California Employment Laws Related to States of Emergency

Amid the ongoing Southern California wind and fire emergencies, California employers should keep in mind key emergency-related legal protections for employees and obligations placed on employers. Specifically, the Wage Theft… more

Anti-Retaliation Provisions, California, Compliance, Corporate Counsel, Employee Rights

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[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: The Defend Trade Secrets Act - Five Years After

The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”… more

Defend Trade Secrets Act (DTSA), Former Employee, Hiring & Firing, Intellectual Property Protection, Misappropriation

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Delaware Is an Employee Choice State - It Is Official

The Delaware Supreme Court’s ruling in Cantor Fitzgerald v. Ainslie, which reversed the Court of Chancery’s 2023 finding that forfeiture-for-competition provisions should be evaluated by the same “reasonableness” standard as… more

Contract Terms, DE Supreme Court, Employment Contract, Employment Litigation, Forfeiture

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New York's Highest Court Reverses Appellate Division, Reaffirms Litigation Requirement for Common-Interest Privilege

In a recent decision reversing the Appellate Division of the Supreme Court of New York, First Judicial Department, the New York Court of Appeals definitively held that the common-interest privilege may be used in New York only… more

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

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Syria Sanctions Eased: What is the Impact on Your Business?

On May 23, 2025, the United States formally eased its economic sanctions on Syria. This action authorizes a significant number of transactions that previously would have violated U.S. sanctions… more

Economic Sanctions, Export Controls, Financial Crimes, FinCEN, General Licenses

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SEC Approves Proposed Amendments Related to the Regulation of Proxy Advisors

The Securities and Exchange Commission (SEC) has approved in a 3-1 vote the long-debated proxy advisory firm reforms proposed on Nov. 5, 2019… more

Corporate Governance, Proxy Advisors, Proxy Advisory Firms, Proxy Voting, Securities and Exchange Commission (SEC)

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US Court of International Trade Strikes Down IEEPA Tariffs

A three-judge panel of the U.S. Court of International Trade ruled on Wednesday, May 28, that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) – namely the tariffs on Canada, Mexico, and China to… more

Appeals, Canada, China, Constitutional Challenges, Imports

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Fed Formalizes Main Street Lending Program

The Federal Reserve (the “Fed”) has announced further changes to its now $600 billion Main Street Lending Program. From the program’s initial construct, which seemed aimed at larger companies, minimum loan sizes have been… more

Borrowers, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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2016 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2016 Mid-Year Report From the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we… more

Bebo v SEC, Corporate Counsel, Dirks v SEC, Enforcement Actions, Exclusive Jurisdiction

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2017 Class Action Review

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class… more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

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Proposed Regulations Define Donor Advised Funds

Donor advised funds (DAFs) are wildly popular with donors because they reduce the costs and administrative burdens of charitable grants and investing, thereby increasing amounts available for charitable giving. Since 2009,… more

Charitable Organizations, Donor-Advised Funds (DAFs), Excise Tax, IRS, Proposed Regulation

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The DOJ Announces Administration’s Revised Corporate Enforcement Strategy

On May 12, 2025, Matthew Galeotti, Head of the Department of Justice’s (DOJ) Criminal Division, unveiled a comprehensive white collar enforcement strategy titled “Focus, Fairness, and Efficiency in the Fight Against White-Collar… more

Compliance, Compliance Monitoring, Cooperation, Corporate Misconduct, Criminal Prosecution

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The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities… more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

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Weekly Blockchain Blog - August 2025 #2

Traditional and Digital Asset Companies Announce New Products, Acquisitions - In a recent press release, a global payments technology company announced expanded support for stablecoin- and blockchain-based settlement… more

Acquisitions, Blockchain, Criminal Convictions, Digital Assets, Enforcement Actions

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Dobbs on Demand: Approaching Benefits in the New Legal Environment

Since the recent Dobbs decision, which overturned Roe v. Wade, companies have been impacted nationwide and have several new legal angles to consider as it relates to their employees and their businesses. With that in mind, we’ve… more

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

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Northern District of Texas Flashes the ‘Blue Lights’ on OCR’s Pixel Guidance

On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems and… more

American Hospital Association et al v Becerra Secretary Of Health And Human Services et al, Business Associates, Consumer Privacy Rights, Covered Entities, Health Care Providers

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Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

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Fed Formalizes Main Street Lending Program

The Federal Reserve (the “Fed”) has announced further changes to its now $600 billion Main Street Lending Program. From the program’s initial construct, which seemed aimed at larger companies, minimum loan sizes have been… more

Borrowers, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

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Lights, Camera, Brand!: The Rise of In-House Film Studios

As we wind down the calendar year and our ADventures in Law team starts to look back at the trends we have seen this year, one that stands out in the past couple of years is an increasing number of brands building in-house film… more

Advertising, Brand, Corporate Branding, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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FDA Issues Draft Guidance on Replacing Color Additives in Drug Products

On May 27, 2025, the Food and Drug Administration (FDA) released a new draft guidance, “Replacing Color Additives in Approved or Marketed Drug Products” (Guidance), that outlines regulatory expectations for manufacturers and… more

Compliance, Draft Guidance, Food and Drug Administration (FDA), Labeling, Manufacturers

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Federal Circuit Addresses Printed Publications Under 35 U.S.C. § 102 and the APA Notice Requirement in Inter Partes Reviews

In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit… more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Printed Publications

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OFAC Weighs in on Ransomware Payments but Stops Short of New Restrictions

Ransomware has hit pandemic proportions and there does not seem to be a clear end in sight. On October 1, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding ransom… more

Cybersecurity, Data Security, Financial Institutions, Office of Foreign Assets Control (OFAC), Ransomware

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Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of… more

Class Action, Consumer Privacy Rights, Data Breach, Data Privacy, Data Protection

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[Podcast] Open Source is Everywhere: A Primer for Compliance

Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to what… more

Copyright, Copyright Registration, Intellectual Property Protection, IP License, Notice Requirements

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ISS Issues Policy Guidance in Response to COVID-19 Pandemic

ISS recently issued guidance on how it will apply its Benchmark and Specialty Proxy Voting during the 2020 annual meeting season in light of the COVID-19 pandemic… more

Coronavirus/COVID-19, Institutional Shareholder Services (ISS), New Guidance, Shareholder Meetings, Shareholders

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The CHOICE Act: A New Era for Noncompete Agreements in Florida

As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements… more

Confidential Information, Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract

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The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation… more

Abstract Ideas, Alice/Mayo, CLS Bank v Alice Corp, Federal Rules of Civil Procedure, IBM

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COVID-19 – Commercial Contracts: Risk Allocation in Times of Uncertainty

In addition to memorializing the economics and financial benefits gained by parties from a given contractual arrangement, commercial contracts commonly allocate known and unknown risks between business parties… more

Contract Amendments, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Liability

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Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy

On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim splitting… more

Appeals, Breach of Contract, Insurance Industry, Insurance Litigation

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[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes

Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”… more

Employment Contract, Hiring & Firing, Intellectual Property Protection, Low-Wage Workers, Non-Compete Agreements

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FTC Signals Heightened Scrutiny on the Security of APIs

On Jan. 15, the Federal Trade Commission (FTC) announced a proposed settlement with web hosting giant GoDaddy over alleged violations of Section 5 of the FTC Act. Specifically, the FTC alleged that GoDaddy had violated the FTC… more

Application Programming Interface (APIs), Cybersecurity, Data Security, Enforcement Actions, Federal Trade Commission (FTC)

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No Longer on Edge of the Telehealth Cliff (For Now): Congress Extends Medicare Telehealth Flexibilities for Additional 6 Months

As outlined in our prior client alert, the healthcare industry can breathe a temporary sigh of relief as Congress has once again acted to extend for an additional six months the Medicare telehealth flexibilities implemented at… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Medicare

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Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

See all updates »

HHS Issues a Request for Information on Deregulation and Innovation: Considerations for Legal and Compliance Teams

On May 14, 2025, the U.S. Department of Health and Human Services (HHS) issued its Request for Information (RFI) “Ensuring Lawful Regulation and Unleashing Innovation To Make American Healthy Again,” which HHS describes as “the… more

Comment Period, Department of Health and Human Services (HHS), Deregulation, Executive Orders, Healthcare

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SEC and CFTC Show No Signs of Slowing Down Enforcement Actions for Financial Firms’ Use of Off-Channel Communications

The settlements announced by the SEC and CFTC on Monday are a continuation of the regulators’ focus on off-channel communications by employees of registered entities… more

Books & Records, Bring Your Own Device (BYOD), Broker-Dealer, CFTC, Civil Monetary Penalty

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[Webinar] Arbitration Agreements With Class Action Waivers: Key Takeaways From the Supreme Court Decision in Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris and NLRB v. Murphy Oil USA, Inc., and Future Enforcement Issues - July 18th, 3:00pm ET

In May, the Supreme Court determined that employers may continue to rely on the enforceability of arbitration agreements with class and collective action waivers. In 2018 and beyond, lower courts will begin interpretation of the… more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Continuing Legal Education, Epic Systems Corp v Lewis

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Understanding the Mandatory BE-10 Survey of US Investments Abroad

BEA administers the mandatory BE-10 survey to obtain key statistics on U.S. investment abroad for U.S. agencies, policymakers, business leaders, researchers, and the general public. Generally, any U.S. person that had a foreign… more

BEA, Foreign Affiliates, Foreign Investment, Form BE-10, Regulatory Requirements

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It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated. Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired. In… more

Cyber Attacks, Cybersecurity, DFARS, Educational Institutions, FERPA

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Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

On September 9, the Court of Appeals for the Federal Circuit reversed a finding by the District Court for the Northern District of California that point-of-view camera claims were ineligible… more

Abstract Ideas, Alice/Mayo, Patent Litigation, Patent-Eligible Subject Matter, Patents

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San Diego County Law Adds New Background Check Hurdles for Employers

San Diego County is the latest California county to enact its own Fair Chance Ordinance, the SDFCO. The law applies only in unincorporated areas of San Diego County. The law took effect October 10, but financial penalties for… more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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New DOJ Policies Tie Employee Compensation to Compliance

On March 15, 2023, the U.S. Department of Justice (DOJ or the Department) launched a three-year Compensation Incentives and Clawbacks Pilot Program (Clawback Program) intended to incentivize companies to create more robust… more

Chief Compliance Officers, Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct

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A New Budgetary Line Item for 2025 - New York-based Hospitals Should Plan Now for the Fiscal and Operational Costs Associated with Compliance with the State’s New Cybersecurity Regulations

On October 2, the New York State Department of Health (NYSDOH) issued new cybersecurity regulations (Regulations) for all general hospitals in New York state (“hospitals”), creating a new Section 405.46 in Title 10 (Health) of… more

Amended Regulation, Compliance, Covered Entities, Cyber Incident Reporting, Cybersecurity

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[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to increasing… more

Acquisitions, Business Valuations, Buyers, Continuing Legal Education, Mergers

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COVID19 Update: Anti-Hoarding Enforcement

Government enforcement agencies are cracking down on COVID-19-related wrongdoing. One focus of alleged wrongdoing is the industrial hoarding of supplies deemed essential in the fight against COVID-19… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Goods or Services, Price Gouging, Public Health

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A Mountain of Privacy Lawsuits Might Be Coming to Utah

Until recently, Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (UNISNPIA) had not been on the national privacy radar. However, a string of recent lawsuits has made clear it is a law of which companies should… more

Data Privacy, Data Protection, Data Security, Non-Public Information, Notice Requirements

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Is This the Beginning of a Sentencing Revolution?

Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary impact… more

Antitrust Provisions, Criminal Convictions, Criminal Prosecution, Federal Sentencing Guidelines, Fraud

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[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the… more

Algorithms, Artificial Intelligence, Cybersecurity, Data Breach, Enforcement

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by… more

Claim Construction, Incorporation by Reference, Patent Litigation, Patents

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

See all updates »

SEC Approves Nasdaq Board Diversity Proposal

On Aug. 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved The Nasdaq Stock Market LLC’s (Nasdaq) proposal, as amended, to implement diversity requirements for companies listed on the Nasdaq exchanges. In a… more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Nasdaq

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The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the… more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

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FCPA Enforcement Is Back with a New Enhanced Focus on Protecting US Business Abroad, National Security, Individuals and (of Course) Ending All Aid to Cartels and TCOs

U.S. Department of Justice (DOJ) Deputy Attorney General Todd Blanche issued a memorandum on June 9 (the Memo), announcing DOJ will resume enforcement of the Foreign Corrupt Practices Act (FCPA) after its brief hiatus… more

Anti-Corruption, Cartels, Compliance, Corporate Misconduct, Criminal Prosecution

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[Podcast] Contract Crunch: The Impact of President Trump’s Tariffs on the Construction Industry

In today's episode of Contract Crunch: The Impact of President Trump's Tariffs on the Construction Industry, we delve into the intricate world of tariffs and their extensive effects on the construction sector. We'll examine how… more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, Imports

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The CHOICE Act: A New Era for Noncompete Agreements in Florida

As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements… more

Confidential Information, Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract

See all updates »

New York’s Newest Data Breach Notification Law Changes

On December 21, 2024, New York Gov. Kathy Hochul signed into law S2659-B/A8872-A, which, effective immediately, changed timing requirements for notice under New York’s data breach notification law and expanded the list of state… more

Cybersecurity, Data Breach, Data Privacy, Data Protection, New Legislation

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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Coloradans Vote to Give All Employees in the State Paid Family and Medical Leave

On November 3, 2020, Colorado voters placed their ballots in favor of Proposition 118 – a first-of-its-kind ballot initiative. In passing the Paid Family and Medical Leave Insurance Act (FAMLI), Colorado joined just eight other… more

Colorado, Employee Benefits, Employer Responsibilities, Family and Medical Leave Act (FMLA), Medical Leave

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OSHA Poised to Narrow General Duty Enforcement Mechanism as Part of Revamped Deregulation Push

In a July 2025 Notice of Proposed Rule Making, the Occupational Safety and Health Administration (OSHA) unveiled its plans to narrow its interpretation of numerous safety regulations… more

Entertainment Industry, Entertainment Venues, General Duty Clause, Judicial Review, NPRM

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

See all updates »

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Protection From Additional Liabilities - Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims… more

Copyright, Copyright Infringement, DMCA, Intellectual Property Protection, Internet Service Providers (ISPs)

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Northern District of Texas Flashes the ‘Blue Lights’ on OCR’s Pixel Guidance

On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems and… more

American Hospital Association et al v Becerra Secretary Of Health And Human Services et al, Business Associates, Consumer Privacy Rights, Covered Entities, Health Care Providers

See all updates »

Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

See all updates »

Analysis of International Tax Changes Under the 2025 Tax Legislation

The Legislation combines spending and policy priorities from 11 congressional committees and will reshape federal policy across nearly every sector of the U.S. economy. There is a possibility for one or more additional… more

Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Congressional Committees, Controlled Foreign Corporations, Corporate Taxes

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Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance… more

Confidentiality Agreements, Contract Terms, Corporate Counsel, NLRA, NLRB

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OSHA Poised to Narrow General Duty Enforcement Mechanism as Part of Revamped Deregulation Push

In a July 2025 Notice of Proposed Rule Making, the Occupational Safety and Health Administration (OSHA) unveiled its plans to narrow its interpretation of numerous safety regulations… more

Entertainment Industry, Entertainment Venues, General Duty Clause, Judicial Review, NPRM

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Securities and Governance Update – June 2017

As part of BakerHostetler’s commitment to serve as a strategic business partner, we are pleased to publish this resource, which is designed to keep executives, corporate counsel and governance professionals apprised of… more

Accredited Investors, Capital Markets, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy

In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection… more

Asset Freeze, Bahamas, Commercial Bankruptcy, Crypto Exchanges, Cryptocurrency

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West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case as… more

Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Power Plants

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It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the State’s Highest Court

In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,… more

Appeals, CA Supreme Court, Case Consolidation, Class Action, Employer Liability Issues

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eDiscovery and Technology

Should All States Require Continuing Technology Education (CTE)? As Electronically Stored Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving technology… more

Discovery, Electronically Stored Information, Technology-Assisted Review

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[Podcast] Legacy Management – Creating Tailwinds for the Successful Family

Partner Jon Forster and Of Counsel John DeStefano will discuss legacy management and how to optimize client outcomes for successful families by using artificial intelligence and BakerHostetler’s fintech application, FinClar. The… more

Artificial Intelligence, Data Management, Estate Planning, Family Offices, Financial Planning

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No Longer on Edge of the Telehealth Cliff (For Now): Congress Extends Medicare Telehealth Flexibilities for Additional 6 Months

As outlined in our prior client alert, the healthcare industry can breathe a temporary sigh of relief as Congress has once again acted to extend for an additional six months the Medicare telehealth flexibilities implemented at… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Medicare

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Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory… more

Adverse Employment Action, Anti-Retaliation Provisions, Employer Liability Issues, Employment Discrimination, Murray v UBS Securities LLC

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Texas Imposes Stricter Statutory Requirements for Physician and Health Care Practitioner Noncompete Agreements

Unlike states that ban them entirely, Texas law permits physician noncompete agreements restricting when and where licensed physicians can practice medicine after departure from their employer so long as they meet specific… more

Contract Terms, Employment Contract, Health Care Providers, Healthcare, New Legislation

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Ski Lift-Ticket Waivers Enforceability

BakerHostetler’s Hospitality team has developed two easy-to-use reference guides: The Ski Lift-Ticket Waiver Enforceability Chart and the Best Practices Checklist that outline the enforceability of ski lift-ticket waivers (SLWs)… more

Best Practices, Contract Terms, Hospitality Industry, Legal Advice, Liability

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What’s Happening at TCEQ: An Update from Chairwoman Brooke Paup

Brooke Paup was appointed as Chairwoman of the Texas Commission on Environmental Quality (TCEQ) on January 7, 2025, and unanimously confirmed by the Texas Senate in May 2025… more

Administrative Appointments, Department of Environmental Quality, Deregulation, Enforcement Priorities, Governor Abbott

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[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and… more

Arbitration, Arbitrators, Asset Recovery, Best Practices, CFIUS

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CFTC Issues Advisory Related to Use of Artificial Intelligence

In issuing the Advisory, the CFTC recognizes the potential for AI to transform the U.S. financial markets. However, given how far-reaching AI’s impact may be, the CFTC simultaneously cautions CFTC-regulated entities to be… more

Advisory Opinions, Artificial Intelligence, CFTC, Commodity Exchange Act (CEA), Compliance

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ICE Raids and Increased Immigration Enforcement Are Here - Is Your Business Prepared?

With the new Trump administration in place, immigration enforcement is already ramping up. Employers across various industries – including hospitality, agriculture, construction, healthcare and manufacturing – have begun… more

Audits, Compliance, DACA, Department of Labor (DOL), Enforcement Actions

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SEC Proposes Rules for Climate-Related Disclosures and Extends Deadline for Public Comments

Key Takeaways - ..The SEC proposed amendments to require registrants to provide certain climate-related information in registration statements and periodic reports. ..The proposed rules would require a company to… more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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The 5th Circuit’s Second Thoughts on Oilfield Indemnity Limitations

The Fifth Circuit’s recent opinions in Cimarex Energy Co., et al. v. CP Well Testing, L.L.C. (2022) and Century Surety Co. v. Colgate Operating, L.L.C. (2024) provide divergent interpretations of how the Texas Oilfield… more

Contract Terms, Indemnification, Indemnification Clauses, Insurance Litigation, Liability

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FAQs: The Families First Coronavirus Response Act for Employers

On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”)… more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Infectious Diseases, New Legislation

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POP Addresses IPR Printed Publication Standard

The Precedential Opinion Panel (POP) of the Patent Trials and Appeals Board (PTAB) recently answered the question, “What is required for a petitioner to establish that an asserted reference qualifies as a ‘printed publication’… more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Ohio Supreme Court Clarifies Ohio CAT Agency Exclusion

The Ohio Supreme Court issued a decision on June 18 that Ohio Commercial Activity Tax (CAT) taxpayers should consult for insights that may strengthen their ability to claim the exclusion from the CAT for money or revenue… more

Business Exclusion, Business Taxes, Contract Terms, OH Supreme Court, Service Contracts

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Insurance Class Action Quarterly Report - 2023 Q4

The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years, undervaluation… more

Class Action, Class Certification, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Live Update #2 - ABA Antitrust Spring Meeting, Washington, D.C.

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C… more

Alston v NCAA, Antitrust Violations, College Athletes, Criminal Antitrust Litigation, Department of Justice (DOJ)

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‘Medical Marijuana, Inc. v. Horn’ - Supreme Court To Decide Reach of Civil RICO’s Treble Damage Provision

In October 2024, the Supreme Court heard oral arguments in Medical Marijuana, Inc. v. Horn, a case poised to resolve a circuit split over whether economic harms resulting from personal injuries (such as lost wages) are injuries… more

Business Litigation, Business Losses, Damages, Employment Litigation, Lost Wages

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Analysis of the 2025 Federal Tax Changes Under the “One Big Beautiful Bill” Legislation

The race to remake portions of the Internal Revenue Code (Code) and to prevent expiration of certain Tax Cuts and Jobs Act (TCJA) provisions reached completion with Legislation signed by President Trump on July 4, 2025… more

Corporate Taxes, Employee Benefits, Foreign Derived Intangible Income (FDII), GILTI tax, Inflation Reduction Act (IRA)

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Analysis of Employer-Related and Executive Compensation Changes Under the 2025 Tax Legislation

There is a possibility for one or more additional reconciliation bills during late 2025 and 2026, and therefore additional opportunities for enactment of additional provisions, as well as changes and improvements to the… more

Budget Reconciliation, Dependent Care Assistance Program (DCAP), Educational Assistance Programs, Employee Benefits, Employer Group Health Plans

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Is Your Payroll Department Ready to Close Out 2024 and to Start 2025?

The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform… more

Bonuses, Corporate Counsel, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Ohio Supreme Court Clarifies Ohio CAT Agency Exclusion

The Ohio Supreme Court issued a decision on June 18 that Ohio Commercial Activity Tax (CAT) taxpayers should consult for insights that may strengthen their ability to claim the exclusion from the CAT for money or revenue… more

Business Exclusion, Business Taxes, Contract Terms, OH Supreme Court, Service Contracts

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False Advertising – Class Action Defense

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to… more

Advertising, CAFA, Class Action, False Advertising, Federal Trade Commission (FTC)

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

See all updates »

USPTO Ending the After Final Consideration Pilot Program

The U.S. Patent and Trademark Office (USPTO) recently announced that it will terminate the After Final Consideration Pilot Program (AFCP 2.0) and that December 14, 2024, will be the last date for applicants to submit requests… more

Patent Applications, Patent Examinations, USPTO, USPTO Pilot Program

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Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Requirements

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the… more

EU, European Patent Convention, European Patent Office, Foreign Patent Applications, Intellectual Property Protection

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Navigating the Ethical Minefield: Lawyers, AI and the Duty of Competence

Last month, I had the privilege of speaking at the American Council of Life Insurers Annual Compliance & Legal Conference in New Orleans. I was tasked with presenting an hour on legal ethics, which isn’t always the most exciting… more

Artificial Intelligence, Legal Ethics, Legal Technology, Machine Learning, Rules of Professional Conduct

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Analysis of the 2025 Federal Tax Changes Under the “One Big Beautiful Bill” Legislation

The race to remake portions of the Internal Revenue Code (Code) and to prevent expiration of certain Tax Cuts and Jobs Act (TCJA) provisions reached completion with Legislation signed by President Trump on July 4, 2025… more

Corporate Taxes, Employee Benefits, Foreign Derived Intangible Income (FDII), GILTI tax, Inflation Reduction Act (IRA)

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It’s Officially Enforcement Season: OCR Announces First Penalty Under New Risk Analysis Initiative

On October 31, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) embraced the end of Spooky Season by announcing two more ransomware-related enforcement actions… more

Covered Entities, Cyber Attacks, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Enforcement Actions

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[Podcast] Rev Up! Deal Drivers: Steering Through Workforce Challenges in M&A

With a likely uptick in M&A and investment activity in the Automotive/Mobility industry just over the horizon, we grab the steering wheel and take a spin with Deal Drivers. Deal activity in the evolving automotive and mobility… more

Acquisitions, Automotive Industry, Manufacturers, Mergers, Motor Vehicles

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Prop. 19 Tax Changes: Countdown Starts Now

California voters have passed Proposition 19, which will bring about significant changes in the current law regarding property tax value reassessments. This means time is of the essence for certain property owners to act if they… more

Property Owners, Property Tax, Proposition 13, Tax Planning, Wealth Management

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Bankruptcy Courts Contemplate Debtors' Rejection of Real Property Covenants in Midstream Contracts

ver the past four years, midstream firms have struggled to adapt their long-standing practices and adjust their long-held expectations, which were fundamentally disrupted by the outcome of the landmark bankruptcy case, In re… more

Bankruptcy Court, Distressed Assets, Exploration and Production Assets, Midstream Contracts, Oil & Gas

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The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question that… more

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

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If it’s broke, just fix it...: Curing Alleged CCPA Violations

Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Breach, Data Security

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Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to… more

Audits, Centers for Medicare & Medicaid Services (CMS), CID, Coronavirus/COVID-19, Criminal Investigations

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[Event] The Future of Financial Services - October 6th, Columbus, OH

Developments in Policy and Regulations, Enforcement, Technology and Litigation - Financial services are constantly evolving as laws, regulations, technologies and policies change. BakerHostetler and the Ohio Bankers League… more

Consumer Financial Protection Bureau (CFPB), Continuing Legal Education, Events, Financial Services Industry, Regulatory Agenda

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Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations… more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

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In Case You Missed It - Here Are California’s New Employment Laws for 2025

The California minimum wage has now increased from $16 per hour to $16.50 per hour. Correspondingly, the minimum salary threshold for exempt employees has increased to $68,640 annually, $5,720 monthly or $1,320 weekly… more

Child Labor, Corporate Counsel, Disclosure Requirements, Employee Rights, Employment Policies

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Crypto Firms Announce New Initiatives; IOSCO, FSB, BIS Publish Digital Asset Reports; OFAC, SEC, DOJ Bring Crypto Actions; Hackers Steal $97M and $50M

Crypto Firms Announce Initiatives in Payments, Mining, DAOs and More - Recent reports provided details on new developments across the cryptocurrency market… more

Blockchain, Cryptoassets, Cryptocurrency, Department of Justice (DOJ), Digital Assets

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PTAB Denies Institution Despite Petitioner Demonstrating Reasonable Likelihood of Prevailing With Respect to at Least One Claim

In SAS Institute v. Iancu, 138 S. Ct. 1348, 1351 (2018), the Supreme Court held that when the Patent Trial and Appeal Board (the Board) institutes an inter partes review, it must decide the patentability of all the claims the… more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, SAS Institute Inc. v Iancu

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Judge Scheindlin Approves Class Certification in Barclays High-Frequency Trading Securities Fraud Action

U.S. District Judge Shira Scheindlin of the Southern District of New York recently certified a class in Strougo v. Barclays PLC, 14 Civ. 5797 (SAS), (S.D.N.Y. Feb. 2, 2016), a high-profile securities class action based on the… more

Barclays, Class Action, Class Certification, Fraud-on-the-Market, High Frequency Trading

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The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar… more

Dispute Resolution, Exports, Foreign Investment, GATT, Imports

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The Difference Between Theory and Practice: Lighting Defense Group LLC v. Shanghai Sansi Electronic Engineering Company Ltd., et al. Order Granting Daubert Motion to Exclude Expert’s Testimony in the United States District Court for the District of Arizona

You can’t make applesauce out of oranges — and experts may not cook up opinions with contrary facts. In Lighting Defense, the patent damages expert opined that in a “hypothetical negotiation,” the parties would have agreed to a… more

Contract Terms, Damages, Daubert Hearing, Expert Testimony, Expert Witness

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A Mountain of Privacy Lawsuits Might Be Coming to Utah

Until recently, Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (UNISNPIA) had not been on the national privacy radar. However, a string of recent lawsuits has made clear it is a law of which companies should… more

Data Privacy, Data Protection, Data Security, Non-Public Information, Notice Requirements

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New York City Gives Birth to Paid Prenatal Leave Obligations for Employers

Although all New York state employees have been eligible for 20 hours of paid prenatal leave since Jan. 1, 2025, employers in New York City now have additional obligations in administering prenatal leave benefits… more

Employee Benefits, Employment Policies, Local Ordinance, Notice Requirements, Paid Leave

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DOJ Implements Bulk Personal Data Transfer Restrictions

The Data Security Program (DSP) recently implemented by the U.S. Department of Justice (DOJ) will have far-reaching implications for many businesses that transfer the personal data of U.S. citizens outside the United States… more

Data Security, Department of Justice (DOJ), Enforcement, Executive Orders, Export Controls

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The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to interpret… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Health and Human Services (HHS), Enforcement Authority

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Negative Option Rule No More: How To Comply in the Wake of the Eighth Circuit’s Decision

As promised in last week’s blog that covered the Eighth Circuit’s decision to vacate the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule), we are back with some practical insights on and… more

Automatic Renewals, Cancellation Rights, Consumer Protection Laws, Contract Terms, Corporate Counsel

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US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply ‘ingrained… more

Affiliates, Alter Ego, Disgorgement, Lanham Act, Liability

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The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities… more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

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Fingerprint Scanning for Timekeeping: A Perfect Match for Your Workplace or a Biometric Passport to Litigation?

A recent surge of class action lawsuits is challenging employers’ use of fingerprint timekeeping systems. In the past two months, at least 32 class action lawsuits have been filed in Illinois alleging noncompliance with the… more

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

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SEC No-Action Letter Streamlines Verification Steps for Rule 506(c) Offerings with Sufficiently Large Minimum Investments

On March 12, the Staff of the SEC issued interpretive guidance in a no-action letter (the No-Action Letter) agreeing with an interpretation of Rule 506(c) proposed by a major international law firm (the Request Letter)… more

Accredited Investors, New Guidance, No-Action Letters, Regulatory Requirements, Rule 506(c)

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What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and… more

Class Action, Consumer Product Companies, Hazardous Substances, OEHHA, PFAS

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Update: Los Angeles City Attorney Submits Draft Ordinance to Amend Minimum Wage for Hotel and Airport Workers

Late last year, the Los Angeles City Council considered an amendment to the Hotel Minimum Wage Ordinance. On March 7, 2025, the Los Angeles city attorney (City Attorney) submitted a draft ordinance to the City Council, pursuant… more

California, Employee Benefits, Employee Training, Labor Regulations, Minimum Wage

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Seventh Circuit Allows Class Certification Despite Attorney Misconduct

Do you ever wonder how plaintiffs’ class action lawyers find their class representatives? And whether there is any possibility of defeating class certification if their efforts are sleazy or downright unethical?… more

Attorney Misconduct, Class Action, Class Certification, Class Representatives

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New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR

In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose… more

Cybersecurity, Data Breach, Data Controller, Data Management, Data Protection

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Supreme Court Resolves Circuit Split Over Application of Section 546(e) to Transactions Involving Conduits

The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by or to entities that are not “financial institutions” or other covered entities fall… more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Merit Management Group v FTI Consulting

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Answering Intellectual Property Questions From IP-Inexperienced Businesspersons

I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property (IP) answers they might find helpful during their workdays, no matter how basic… more

Inventors, Non-Disclosure Agreement, Patent Applications, Patent Infringement, Patents

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New USCIS Registration Requirement in Effect as of April 11

USCIS’ new registration requirement, which went into effect on April 11, principally applies to foreign nationals who enter the United States and are not issued an I-94 record or other acceptable form of registration… more

Final Rules, Foreign Nationals, I-94 Cards, Immigration Procedures, Registration Requirement

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The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict… more

Failing Firm Defense, Federal Trade Commission (FTC), Liquidation, Mergers

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Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

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[Webinar] Federal Trade Commission - Antitrust Investigations - What You Should Know - October 16th, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations. Topics: • The… more

Antitrust Investigations, Antitrust Litigation, Best Practices, Competition, Continuing Legal Education

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[Podcast] Legacy Management – Creating Tailwinds for the Successful Family

Partner Jon Forster and Of Counsel John DeStefano will discuss legacy management and how to optimize client outcomes for successful families by using artificial intelligence and BakerHostetler’s fintech application, FinClar. The… more

Artificial Intelligence, Data Management, Estate Planning, Family Offices, Financial Planning

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Analysis of Healthcare Changes Under the 2025 Tax Legislation

The Legislation combines spending and policy priorities from 11 congressional committees and will reshape federal policy across nearly every sector of the U.S. economy. With respect to healthcare, more than 35 provisions… more

Affordable Care Act, Budget Reconciliation, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Department of Health and Human Services (HHS)

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Whether Buyer or Seller: Heed This WARNing

One often forgotten consideration in many mergers and acquisitions is the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act). Whether you are a buyer or a seller, you should consider whether the WARN Act and/or… more

Acquisitions, Covered Employees, Covered Employer, Employer Liability Issues, Layoff Notices

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Current Patent Litigation Trends

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011… more

Corporate Counsel, Patent Litigation, Patents

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COVID-19, Force Majeure and Other Defenses to Contractual Performance

Along with its significant and tragic human impact, the COVID-19 pandemic has disrupted and will continue to disrupt global, national and local commerce… more

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

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Supreme Court Limits Criminal Fraud to Deprivation of 'Traditional Property Interests'

As discussed in our alert following the oral argument in this case, in Ciminelli v. United States, a construction company executive named Louis Ciminelli appealed his wire fraud conviction in connection with bid rigging during… more

Criminal Convictions, Criminal Prosecution, Fraud, Nonprofits, Public Corruption

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SEC Finds Investment Adviser CEO Liable for Failing to Supervise High-Risk Representative

On Nov. 3, 2022, the SEC announced a consent order against a registered investment adviser (RIA) and its chief executive officer (CEO) for failing to reasonably supervise one of the RIA’s investment adviser representatives… more

Compliance, Consent Order, Enforcement Actions, Investment Adviser, Negligent Supervision

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Big Money in Play: NCAA Permits School Assistance with NIL Activity

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include… more

College Athletes, Colleges, Compensation, Endorsements, Name and Likeness

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Trump Administration Immediately Positions U.S. To Become ‘World Capital of Crypto’

On January 23, President Trump issued an EO, “Strengthening American Leadership in Digital Financial Technology.” The same day, the SEC published SAB 122 which rescinded the earlier staff interpretive guidance, SAB 121… more

Administrative Interpretation, Congressional Review Act, Cryptocurrency, Digital Assets, Executive Orders

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2014 Mid-Year Report Securities Litigation and Regulatory Enforcement

Welcome to the 2014 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. Its purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we believe… more

Banking Sector, Banks, CFTC, Commodities, Deferred Prosecution Agreements

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The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities… more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

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Can a Plaintiff in the United States Recover Foreign Patent Damages?

In 2018, the U.S. Supreme Court held that a plaintiff was entitled to lost foreign profits under 35 U.S.C. § 284 based on direct acts of infringement in the United States under 35 U.S.C. § 271(f)(2). WesternGeco LLC v. ION… more

Damages, Patent Infringement, Patents

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The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements, the… more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other… more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

See all updates »

COVID-19, Force Majeure and Other Defenses to Contractual Performance

Along with its significant and tragic human impact, the COVID-19 pandemic has disrupted and will continue to disrupt global, national and local commerce… more

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

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Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other… more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

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The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020… more

Biden Administration, Collective Bargaining, Construction Industry, Final Rules, New Rules

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Prepare To Be Under the Microscope: Transaction Review Laws in Healthcare and Private Equity M&A

A recent wave of state legislation is changing the course of healthcare transactions, and organizations (particularly private equity-backed organizations) that engage in mergers and acquisitions in the healthcare industry should… more

Acquisitions, Administrative Review, Corporate Practice of Medicine, Health Care Providers, Healthcare Facilities

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Inspired to Achieve

In recognition of Black History Month, we are spotlighting three attorneys from within our various practice groups through our podcast series, Celebrating Black Voices at BakerHostetler. On today’s episode of Celebrating Black… more

Business Development, Firm Leadership, Law Firm Partners, Professional Development, Young Lawyers

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Methods To Allocate Tariff-Related Risks in M&A Agreements

Buyers and sellers that are parties to an M&A transaction should carefully consider whether the risks associated with tariffs that have already been imposed or that may be imposed in the future may significantly impact the… more

Acquisition Agreements, Acquisitions, Contract Terms, Due Diligence, Indemnification

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What the FTC’s New ‘Click-to-Cancel Rule’ Means for Your Business

The Federal Trade Commission (FTC) finally released its long-awaited Negative Option Rule (the Final Rule), aka the “Click-to-Cancel Rule,” on October 16. The Final Rule was approved by a partisan vote of 3-2, with the two… more

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

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6 Important Takeaways for HIPAA Covered Entities and Business Associates from 2024 NIST HHS OCR Conference

On October 23-24, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) Information Technology Laboratory hosted the Safeguarding… more

Business Associates, Compliance, Covered Entities, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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Adapting E-Discovery Workflows to a Remote Work Environment

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice… more

Coronavirus/COVID-19, Data Protection, e-Discovery, Remote Working

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The Biden Administration to Establish a New Relationship with Mexico Where Clean Energy Sector May Play a Key Role

Introduction - On April 29, 2020, Mexico’s electricity grid operator (CENACE) indefinitely suspended testing and grid connections for renewable energy plants. Citing COVID-19-related concerns relative to the “intermittent nature… more

Biden Administration, Clean Energy, Energy Market, Energy Sector, Investors

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Can AI Identify Key Trends in Privacy Enforcement and Litigation Impacting Digital Advertising? I Put It to the Test.

As an attorney focused on technology transactions and counseling, I approach new technologies with both curiosity and caution. Like many lawyers, I tend to be skeptical until I fully understand how something works… more

Advertising, Artificial Intelligence, Business Strategies, California Consumer Privacy Act (CCPA), CIPA

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Update: Los Angeles City Attorney Submits Draft Ordinance to Amend Minimum Wage for Hotel and Airport Workers

Late last year, the Los Angeles City Council considered an amendment to the Hotel Minimum Wage Ordinance. On March 7, 2025, the Los Angeles city attorney (City Attorney) submitted a draft ordinance to the City Council, pursuant… more

California, Employee Benefits, Employee Training, Labor Regulations, Minimum Wage

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Federal Circuit Rebukes District Court for Patent Eligibility Decision Involving Extended-Release Formulation Patent

The U.S. Court of Appeals for the Federal Circuit admonished the U.S. District Court for the District of Delaware on Wednesday for abuse of its discretion in finding the disputed claims invalid under 35 U.S.C. § 101, “a ground… more

Patent Litigation, Patent-Eligible Subject Matter, Patents, Pharmaceutical Patents, Section 101

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[Podcast] 2025 DSIR Deeper Dive: Deeper Dive into the Data

We’re back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024. This episode dives deeper into the data, including network… more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Security

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Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes… more

Acquisitions, Texas

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FTC Reaches Settlement With Debt Collector; Imposes Financial Penalties and Other Remedies

On Dec. 5, 2017, the Federal Trade Commission reached a settlement with three defendants who it alleged partook in deceptive, abusive and unfair debt collection practices in violation of the Federal Trade Commission Act and the… more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Federal Trade Commission (FTC)

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Top Considerations for Essential Ohio Businesses to Sustain Operations Amid COVID-19

Amid the COVID-19 pandemic, numerous state and local authorities are instituting protective orders to stop the spread of the coronavirus. Ohio Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Department of Health Director… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Operators of Essential Services, State and Local Government

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

See all updates »

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs have… more

Ames v Ohio Department of Youth Services, Burden-Shifting, Discrimination, Diversity and Inclusion Standards (D&I), Employee Rights

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Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy

In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection… more

Asset Freeze, Bahamas, Commercial Bankruptcy, Crypto Exchanges, Cryptocurrency

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Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations… more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements, the… more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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Use of AI in Marketing and Digital Media - 2025 Playbook

Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Confidential Information, Consumer Privacy Rights, Contract Terms

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DSIR Deeper Dive: A Big Year for VPPA Developments

The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years… more

Analytics, Appeals, Consumer Privacy Rights, Data Collection, Data-Sharing

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Today’s Special: What May Be on Your Hospital Cafeteria Menu Soon

On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an… more

Administrative Law Judge (ALJ), Employer Liability Issues, Hospitals, NLRB, Private Property

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Fifth Circuit Strikes Down CTA Injunction, FinCEN Extends Deadline to Jan. 13, 2025

On Dec. 23, 2024, the Fifth Circuit Court of Appeals granted the government’s motion for an immediate stay pending appeal of the preliminary injunction issued on Dec. 3, 2024, by a federal district court in Texas… more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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The New EEOC Enforcement Agenda

After being named by President Donald Trump as the acting chair of the EEOC in January, Andrea Lucas is moving quickly to create a new agenda for the commission, one that departs sharply from priorities set during the Biden… more

Anti-Discrimination Policies, Artificial Intelligence, Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Priorities

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Brakes Pumped on New York Labor Law’s Manual Worker Claims

The recently passed 2025 New York State budget bill includes an amendment to the New York Labor Law that will have major implications for employers sued for late wage payments… more

Amended Legislation, Employee Rights, Employer Liability Issues, Employment Litigation, Liquidated Damages

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A New Era for the Stablecoin Industry: The GENIUS Act

On Friday, July 18, President Donald J. Trump signed into law historic legislation to establish a legal framework for the payment stablecoin industry in the United States, S.1582, the Guiding and Establishing National Innovation… more

Anti-Money Laundering, Consumer Protection Laws, Digital Assets, Enforcement, Financial Institutions

See all updates »

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement… more

Advertising, Audits, Compliance, Cybersecurity, Digital Health

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What to Expect and How to Prepare: A Guide to Employing Foreign Workers in the Age of Trump

During his first administration, now President-elect Donald Trump implemented significant changes to U.S. immigration policy. Below, we address what employers can expect in his second term and how they can prepare for it… more

Audits, Compliance, Deportation, Foreign Nationals, Form I-9

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From Virtual Classes to Class Actions: Higher Education Policy, Litigation and Antitrust Considerations in Responding to the COVID-19 Pandemic

Among the industries disrupted by the COVID-19 public health crisis has been the educational sector, as universities across the country have been forced to shutter their campuses and transition to virtual remote learning. Public… more

Class Action, Coronavirus/COVID-19, Online Education, Refunds, Universities

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DOJ Implements Bulk Personal Data Transfer Restrictions

The Data Security Program (DSP) recently implemented by the U.S. Department of Justice (DOJ) will have far-reaching implications for many businesses that transfer the personal data of U.S. citizens outside the United States… more

Data Security, Department of Justice (DOJ), Enforcement, Executive Orders, Export Controls

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NYDFS Significantly Amends Cybersecurity Regulation

The New York State Department of Financial Services (NYDFS) adopted comprehensive amendments to its cybersecurity regulation on Nov. 1, 2023. The amended regulation, including the notification provisions of §500.17, goes into… more

Amended Regulation, Compliance, Compliance Dates, Cybersecurity, Financial Services Industry

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Will Fewer PTAB Judges Increase the Rate of Discretionary Denials of IPRs and PGRs?

The Acting Director of the United States Patent and Trademark Office just issued a memorandum setting out new procedures for discretionary denials of Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs). The Acting Director… more

Appeals, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Trial and Appeal Board, Patents

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Methods To Allocate Tariff-Related Risks in M&A Agreements

Buyers and sellers that are parties to an M&A transaction should carefully consider whether the risks associated with tariffs that have already been imposed or that may be imposed in the future may significantly impact the… more

Acquisition Agreements, Acquisitions, Contract Terms, Due Diligence, Indemnification

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SECURE 2.0 Act of 2022 - Congress' Final Gift of 2022 to Retirement Plan Sponsors

For the second time in approximately three years, Congress passed broad legislation with sweeping impacts on retirement savings programs. The SECURE 2.0 Act of 2022 (SECURE 2.0) was included as part of the Consolidated… more

401k, 403(b) Plans, Amended Legislation, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA)

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OSHA's COVID-19 "Emergency Rule" Provides Almost No New Guidance

Background. On June 10, 2021, OSHA issued its long-awaited emergency temporary standard in response to the COVID-19 pandemic (COVID ETS). The long-awaited COVID ETS surprised many by only providing an actual rule for the… more

Coronavirus/COVID-19, Employees, Health Care Providers, Healthcare Workers, OSHA

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Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

See all updates »

Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

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Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to a Plant Closing or a Mass Layoff

As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers to… more

Acquisitions, Artificial Intelligence, Corporate Counsel, Employee Rights, Employer Liability Issues

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Prevailing Wage and Apprenticeship Requirements - Analysis of the Final Regulations

As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits, and included a mechanism for certain tax credits to increase by a… more

Apprenticeships, Compliance, Davis-Bacon Act, Department of Labor (DOL), Energy Projects

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Mulvaney Issues Report Outlining Proposals to Reform CFPB

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued its semiannual report (the “Report”) to the President and Congress. In the Report, Acting CFPB Director Mick Mulvaney proposes to significantly reform… more

Arbitration Agreements, Class Action Arbitration Waivers, Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

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Third-Party Complaints Must Shift Liability - Not Defeat It

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules of… more

Declaratory Judgments, Federal Rules of Civil Procedure, Indemnification Clauses, Patent Infringement, Patent Litigation

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[Webinar] One Year of Patent Law in 60 Minutes | 2025 Edition - February 5th, 12:00 pm - 1:00 pm ET

Our legendary One Year of Patent Law in 60 Minutes | 2025 Edition webinar with CLE is back, and it's set to electrify your legal senses for the eighth year in a row! Patent law is constantly changing. Each year, the Federal… more

Continuing Legal Education, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Litigation

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NBA Teams Support Challenge to Discovery Rule in Copyright Litigation

Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a lawsuit… more

Amicus Briefs, Copyright, Copyright Infringement, Copyright Litigation, Discovery Rule

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In Case of First Impression, Looking to AKS Precedent, Ninth Circuit Affirms EKRA Conviction for Improper Payments to Marketers

In one of the few prosecutions based on the Eliminating Kickbacks in Recovery Act (EKRA), and in an even rarer Court of Appeals opinion interpreting the statute, the Ninth Circuit in United States v. Schena, No. 23-2989, 2025 WL… more

Anti-Kickback Statute, Appeals, Criminal Convictions, Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA)

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Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act concentrates… more

Biometric Information, Biometric Information Privacy Act, Consent, Covered Entities, Data Collection

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Gail Slater Confirmed as Antitrust Head, Signaling Administration’s Commitment to Antitrust Enforcement

On Tuesday, March 11, 2025, the Senate confirmed Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice by a vote of 78-19. Slater has held positions at the Federal Trade… more

Antitrust Division, Antitrust Provisions, Confirmation Proceedings, Department of Justice (DOJ), Enforcement Priorities

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President to Sign Consolidated Appropriations Act that Includes $900 Billion for COVID-19 Relief

On Dec. 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA), an approximately $2.3 trillion omnibus appropriations bill to fund the government through September of 2021 that includes $900 billion of… more

CARES Act, Coronavirus/COVID-19, Donald Trump, Federal Funding, Financial Stimulus

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[Podcast] Rev Up! What to Know BEFORE You Use that AI Tool

Ashley’s guest today is Theresa Weisenberger, a partner at BakerHostetler and co-leader of BakerHostetler’s Artificial Intelligence practice. In this episode, Ashley and Theresa discuss significant issues to consider before you… more

Algorithms, Artificial Intelligence, Business Ownership, Copyright, Data Privacy

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The Weekly Hill Update - July 2025 #2

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session… more

Bureau of Land Management, Congressional Investigations & Hearings, Legislative Agendas, Presidential Elections, Regulatory Agenda

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[Podcast] A New Test: Landmark Decision Overrules Framework for Design Patent Obviousness

The legal landscape quaked, and clients and counsel continue to navigate the tremors. More than 40 years of precedent was upended in May 2024 when a federal circuit court struck down the Rosen-Durling test for assessing… more

Appeals, CAFC, Design Patent, Intellectual Property Litigation, Intellectual Property Protection

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Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)… more

Advertising, Class Action, Consumer Protection Laws, Corporate Counsel, Electronic Communications

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Courts Remain Skeptical of Certifying Data Privacy Class Actions

In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions… more

Class Action, Class Certification, Cybersecurity, Data Privacy, Data Protection

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Gail Slater Confirmed as Antitrust Head, Signaling Administration’s Commitment to Antitrust Enforcement

On Tuesday, March 11, 2025, the Senate confirmed Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice by a vote of 78-19. Slater has held positions at the Federal Trade… more

Antitrust Division, Antitrust Provisions, Confirmation Proceedings, Department of Justice (DOJ), Enforcement Priorities

See all updates »

Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

See all updates »

Irreparable Harm Reimagined: The Government’s Patent Intervention in East Texas

In a bold and unusual move, the DOJ’s Antitrust Division and the USPTO have jointly filed a Statement of Interest in a patent case – not before the Supreme Court or Federal Circuit, but in a district court in East Texas. The… more

Antitrust Division, Department of Justice (DOJ), Injunctive Relief, Irreparable Harm, Non-Practicing Entities

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State-Level Merger Scrutiny Grows: Washington, Colorado Lead Expansion of State Premerger Notification Laws

Earlier this year, Washington state enacted a version of the nascent Uniform Antitrust Pre-Merger Notification Act (the Uniform Act), which is slated to take effect on July 27… more

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

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NAIC Adopts Model Bulletin on Artificial Intelligence

On December 4, the National Association of Insurance Commissioners unanimously adopted a model bulletin on the use of artificial intelligence in insurance. The model bulletin is intended for use by state insurance regulators to… more

Artificial Intelligence, Insurance Industry, Insurance Regulations, NAIC

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Key Points from the USPTO’s New Guidance on AI Use

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO… more

Administrative Procedure, Artificial Intelligence, Intellectual Property Protection, Inventors, Machine Learning

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Analysis of Certain Startup Investor and Business Owner-Related Changes Under the 2025 Tax Legislation

There is a possibility for one or more additional reconciliation bills during late 2025 and 2026 and therefore opportunities for enactment of additional provisions, as well as changes and improvements to the Legislation… more

Bonus Depreciation, Budget Reconciliation, Business Income, New Legislation, Qualified Opportunity Funds

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For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and Other Information Requests

In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In… more

Abortion, Amended Legislation, Attestation Requirements, Civil Investigation Demand, Corporations Code

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Trump Administration Releases New Guidance on Unlawful DEI

On July 30, the Department of Justice (DOJ) issued a new memorandum from Attorney General Pam Bondi that provides further guidance on what DEI practices the Trump Administration considers unlawful discrimination… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Trademark Owners: Be Wary - Part 2!

Expanding on our blog post of January 2, 2024, yet another scam has been brought to our attention—with serious consequences. The signatory of a client was telephoned by the “Federal Trademark Office,” which requested a $400… more

Scams, Trademark Application, Trademarks, USPTO

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2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for… more

Blockchain, CFTC, Corruption, Cross-Border, Cryptocurrency

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2025 HSR Filing Thresholds and Filing Fees Announced; Uncertainty Concerning the New HSR Forms Abounds; 2025 Interlocking Directorate Thresholds Announced

On Jan. 10, the FTC announced the 2025 filing thresholds under the HSR Act, as well as the 2025 filing fees. The new thresholds will be published in the Federal Register in the coming days and will apply to transactions closing… more

Antitrust Provisions, Enforcement Actions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Analysis of the 2025 Federal Tax Changes Under the “One Big Beautiful Bill” Legislation

The race to remake portions of the Internal Revenue Code (Code) and to prevent expiration of certain Tax Cuts and Jobs Act (TCJA) provisions reached completion with Legislation signed by President Trump on July 4, 2025… more

Corporate Taxes, Employee Benefits, Foreign Derived Intangible Income (FDII), GILTI tax, Inflation Reduction Act (IRA)

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities… more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

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Update: New York Governor Extends Relief for Commercial and Residential Tenants

On March 20, 2020 the governor of the state of New York, Andrew M. Cuomo, issued Executive Order No. 202.8 – Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency, which provided for a… more

Commercial Tenants, Eviction, Executive Orders, Governor Cuomo, Relief Measures

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The Peach State Takes a Bite at Privacy Law

The Georgia Senate voted to pass the Georgia Consumer Privacy Protection Act (SB 473) on Feb. 27th. Although the bill is similar to many other comprehensive state privacy laws, there are some notable distinctions… more

Consent, Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection

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Legally speaking, what is a Labubu?

If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as an… more

Advertising, Best Practices, Celebrity Endorsements, Children's Toys, Consumer Protection Laws

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Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to… more

Audits, Centers for Medicare & Medicaid Services (CMS), CID, Coronavirus/COVID-19, Criminal Investigations

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DOJ Antitrust Division Announces Creation of First-Ever Whistleblower Rewards Program

On July 8, the DOJ Antitrust Division (Division) announced the creation of its first-ever Whistleblower Rewards Program (Rewards Program). The new Rewards Program brings the Division in line with other DOJ whistleblower programs… more

Antitrust Division, Department of Justice (DOJ), Rewards Programs, Whistleblower Awards, Whistleblowers

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CFTC Provides Clarifying Guidance on Material Violations Regarding Self-Reporting, Cooperation, and Remediation System

As we previously reported, in February, the CFTC’s DOE issued an enforcement advisory (the DOE Advisory) to provide guidance to market participants on how the DOE will evaluate a company’s or an individual’s conduct in the… more

CFTC, Enforcement Guidance, Market Participants, Materiality, New Guidance

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Antitrust Sanctions: The Duty to Preserve Chats

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market… more

Antitrust Litigation, Antitrust Provisions, Criminal Prosecution, Department of Justice (DOJ), Destruction of Evidence

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CFIUS Issues Long-Awaited Enforcement and Penalty Guidelines

The U.S. Department of the Treasury on October 20, 2022, issued its first-ever Committee on Foreign Investment in the United States (CFIUS) Enforcement and Penalty Guidelines. Publishing of the Guidelines reinforces recent CFIUS… more

CFIUS, Corporate Counsel, Enforcement Actions, FIRRMA, Foreign Investment

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CARES Act Section 3610 Provides Federal Agencies Discretion to Reimburse Federal Contractors' Employee Compensation

Federal contractors have a new avenue to potentially secure financial relief from the impacts of COVID-19 on their operations under Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Department… more

CARES Act, Coronavirus/COVID-19, Relief Measures

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Texas Sets AI Policy Agenda: Key Bills from the 89th Legislative Session - and What Businesses Should Do Now

In its 89th legislative session, Texas enacted a comprehensive package of new laws that place the state at the forefront of artificial intelligence (AI) and media regulation. These laws cover AI development and deployment,… more

App Store, Artificial Intelligence, Biometric Information, Corporate Counsel, Deep Fake

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Insurance Class Action Quarterly Report - 2023 Q4

The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years, undervaluation… more

Class Action, Class Certification, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Analysis of the 2025 Federal Tax Changes Under the “One Big Beautiful Bill” Legislation

The race to remake portions of the Internal Revenue Code (Code) and to prevent expiration of certain Tax Cuts and Jobs Act (TCJA) provisions reached completion with Legislation signed by President Trump on July 4, 2025… more

Corporate Taxes, Employee Benefits, Foreign Derived Intangible Income (FDII), GILTI tax, Inflation Reduction Act (IRA)

See all updates »

[Webinar] Healthcare Real Estate: Navigating Stark Law and the Anti-Kickback Statute in Real Estate Leasing - July 20th, 12:00pm EDT

When healthcare providers are involved in real estate leasing, they bring with them a host of laws and regulations that may be unfamiliar to professionals accustomed to handling traditional real estate leasing… more

Anti-Kickback Statute, Commercial Leases, Health Care Providers, Healthcare Facilities, Stark Law

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The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities… more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Australia’s New Ransomware Payment Reporting Law Takes Effect, Covering Both Critical Infrastructure and Other Entities

On May 30, the ransomware payment reporting requirements of Australia’s Cyber Security Act 2024 (CSA) took effect. The new requirement applies to a broad range of entities and cyber security incidents, requiring reporting after… more

Australia, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity

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PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim… more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

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DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for… more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

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BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking… more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

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The Continued Attempt to End Shale Development in Colorado – This Time Through the Voter Initiative

An attempt to put restrictions on shale development, so as to effectively end it, is nothing new in Colorado. Just this year, several Democrats attempted to push a bill through the Colorado House of Representatives that would… more

Energy Sector, Fracking, Oil & Gas, Shale Gas

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Prepare To Be Under the Microscope: Transaction Review Laws in Healthcare and Private Equity M&A

A recent wave of state legislation is changing the course of healthcare transactions, and organizations (particularly private equity-backed organizations) that engage in mergers and acquisitions in the healthcare industry should… more

Acquisitions, Administrative Review, Corporate Practice of Medicine, Health Care Providers, Healthcare Facilities

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Financial Firms Integrate Crypto Offerings; Congressmen Address Bitcoin ETFs; NFT Boom Continues; Agencies Seek Crypto Oversight; Crypto Hacker Indicted

Traditional Financial Firms Integrate Crypto Services, CBDC Reports Published - This week a fintech and e-commerce firm announced the integration of its payment gateway with a major U.S. financial services corporation’s new… more

Bitcoin, Central Bank Digital Currency (CBDCs), Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Digital Currency

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Reimagining Data in the Wave of AI

Partner Janine Anthony Bowen explores data-related issues in technology contracts in the age of GenAI… more

Artificial Intelligence, Confidential Information, Cybersecurity, Data Privacy, Data Protection

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[Podcast] AD Nauseam: Checking In With the FTC

On today’s episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They explore… more

Advertising, Consumer Protection Laws, COPPA, Debt Relief, Debt-Relief Industry

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‘Medical Marijuana, Inc. v. Horn’ - Supreme Court To Decide Reach of Civil RICO’s Treble Damage Provision

In October 2024, the Supreme Court heard oral arguments in Medical Marijuana, Inc. v. Horn, a case poised to resolve a circuit split over whether economic harms resulting from personal injuries (such as lost wages) are injuries… more

Business Litigation, Business Losses, Damages, Employment Litigation, Lost Wages

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Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA

In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National… more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions, Fair Labor Standards Act (FLSA)

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DSIR Deeper Dive: A Big Year for VPPA Developments

The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years… more

Analytics, Appeals, Consumer Privacy Rights, Data Collection, Data-Sharing

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HHS Publishes ‘Voluntary’ Healthcare Cybersecurity Performance Goals in Record Time but Leaves Questions Unanswered

As previously reported in this blog, on Dec. 6, 2023, the Department of Health and Human Services (HHS or the Department) released a “concept paper,” which laid out its vision of future action regarding healthcare cybersecurity… more

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

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Patent Legislation Watch: PTAB Reform Bill ‘PREVAIL[S]’ Out of Senate Judiciary Committee

In a close 11-10 vote, a bipartisan majority of the U.S. Senate Judiciary Committee advanced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act out of committee… more

America Invents Act, Congressional Committees, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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COVID-19 Eviction Moratoria: New Rules Affecting Landlords and Tenants

Authorities at the federal, state and local levels of government are enacting laws, emergency orders and local regulations temporarily prohibiting a landlord from evicting a tenant and prohibiting a lender from taking certain… more

CARES Act, Coronavirus/COVID-19, Eviction, Landlords, Moratorium

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President Trump’s Executive Order Removes Federal Contractor Affirmative Action Requirements

On Jan. 21, President Donald Trump took aim at a long-standing executive order regarding diversity, equity and inclusion (DEI) in the American workplace… more

Affirmative Action, Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Diversity

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Australia’s New Ransomware Payment Reporting Law Takes Effect, Covering Both Critical Infrastructure and Other Entities

On May 30, the ransomware payment reporting requirements of Australia’s Cyber Security Act 2024 (CSA) took effect. The new requirement applies to a broad range of entities and cyber security incidents, requiring reporting after… more

Australia, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity

See all updates »

The Delaware Supreme Court Provides Clarity for Advance Notice Bylaws

A recent monumental decision of the Delaware Supreme Court (Court), dubbed a “first-of-it-kind” ruling by Bloomberg Law, provides clarity for both public companies looking to amend their bylaws and shareholder activists who may… more

Board of Directors, Bylaws, Corporate Governance, DE Supreme Court, Proposed Amendments

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[Podcast] Make It Plain: Clarity Regarding Obviousness-Type Double Patenting

In a year defined by landmark decisions, impactful announcements and new standards, clarity in the patent world comes as a welcome relief. It arrived via a federal circuit court decision in August 2024 that settled certain facts… more

Appeals, CAFC, Double Patent, Intellectual Property Litigation, Intellectual Property Protection

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MOVEIt MDL - Putting the Transfer Order Into Action

On October 4, 2023, the Joint Panel on Multidistrict Litigation (JPML) issued a Transfer Order consolidating certain actions relating to a vulnerability in Progress Software’s MOVEit file transfer software which was exploited by… more

Cyber Attacks, Multidistrict Litigation, Russia, Software, Transfer of Venue

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Preparing for the 2025 Proxy and Annual Reporting Season: Key Issues and Considerations

For the 2025 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and updates in… more

Corporate Governance, Cybersecurity, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation

See all updates »

Weekly Blockchain Blog - August 2025 #2

Traditional and Digital Asset Companies Announce New Products, Acquisitions - In a recent press release, a global payments technology company announced expanded support for stablecoin- and blockchain-based settlement… more

Acquisitions, Blockchain, Criminal Convictions, Digital Assets, Enforcement Actions

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DOJ and HHS Launch New False Claims Act Working Group to Target Healthcare Fraud

In a joint announcement, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) unveiled the formation of the new DOJ-HHS False Claims Act Working Group (Working Group) – a strategic… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Priorities, False Claims Act (FCA), Health Care Providers

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Washington State Broadly Criminalizes All Malicious Deepfakes, Expanding on Existing Deepfake Regulation

On April 16, Washington state added a new law to the growing patchwork of state, federal and international laws aimed at curbing the malicious use of artificial intelligence (AI)-generated deepfakes… more

Artificial Intelligence, Criminal Prosecution, Deep Fake, First Amendment, New Legislation

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IP Litigation Newsletter - May 2024

Certainty and Absolute Predictability Are Not Required to Establish a Reasonable Expectation of Success for Obviousness - The Federal Circuit affirmed the obviousness determination because there was no clear error in finding… more

Damages, Obviousness, Patent Infringement, Patent Litigation, Patents

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PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim… more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

See all updates »

FCC Proposes Modifications to Foreign Sponsorship Identification Requirements for Broadcasters

​​​​​​​On Oct. 6, 2022, the Federal Communications Commission (FCC) released a Second Notice of Proposed Rulemaking (Second NPRM) in which it proposes changes to its current foreign sponsorship disclosure requirements for… more

Advertising, Broadcasting, Certification Requirements, FCC, Foreign Agents

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Trade Secret Litigation: The Power of Protection

If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the… more

Confidential Information, Contract Terms, Intellectual Property Protection, Misappropriation, Non-Disclosure Agreement

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FDA’s ‘PreCheck’ Program: New Pathway to Acceleration of US Drug Manufacturing

The U.S. Food and Drug Administration (FDA) has announced FDA “PreCheck,” a new regulatory program intended to streamline the development and approval of domestic pharmaceutical manufacturing facilities… more

Expedited Actions Process, FDA Approval, Food and Drug Administration (FDA), Manufacturers, Manufacturing Facilities

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Isn’t E-Discovery Hard Enough Without the Internet of Things?

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here…. The… more

Corporate Counsel, Federal Trade Commission (FTC), Internet, Internet of Things

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In-House Legal Project Budgeting: The Best Time Was Yesterday; the Second-Best Time Is Today

The NY ACEDS Metro Chapter, the ARMA New Jersey Chapter, and legal and governance professionals have recently presented (in ACEDS’ 2024 webinar and ARMA’s INFORM 2025 conference) on budget topics that are not new: determining… more

Association of Certified eDiscovery Specialists (ACEDS), Automation Systems, Best Practices, Corporate Counsel, Cost-Savings

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EEOC Issues Guidance for Employers on COVID-19 Vaccine Mandates and Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance to help employers navigate the implications of the COVID-19 vaccine in the workplace. As more and more Americans receive the… more

Coronavirus/COVID-19, Employees, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Incentives

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Data Governance: Practical Considerations for a Reasonable Security Program

Imagine receiving an email from an unknown actor claiming to have taken approximately 2 terabytes of data from your organization’s network. The threat actor provides a file tree and sample files to substantiate its claim… more

Compliance, Cybersecurity, Data Breach, Data Management, Data Privacy

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EPA Designates PFOS and PFOA as Hazardous Substances

On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the… more

Biden Administration, CERCLA, Comment Period, Environmental Protection Agency (EPA), Hazardous Substances

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[Podcast] The Data Stream – Episode 1 with Ted Kobus

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and… more

Advertising, Artificial Intelligence, Cybersecurity, Data Management, Data Privacy

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2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team… more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

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Forced Nationalization of Patent Monopolies Held by “Unfriendlies” in Russia

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in… more

Monopolization, Patent Cooperation Treaty, Patents, Russia, United Nations

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Highest Bidder Loses Spoliation Fight in Auction House Data Breach

A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the… more

Auction, Bids, Data Breach, Evidence, Software

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Practical Impacts of the ‘Cemex’ Decision

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union… more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

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Practical Impacts of the ‘Cemex’ Decision

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union… more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

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NBA Teams Support Challenge to Discovery Rule in Copyright Litigation

Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a lawsuit… more

Amicus Briefs, Copyright, Copyright Infringement, Copyright Litigation, Discovery Rule

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Congratulations, Promotion Sponsors – You’ve Won Less Prize Paperwork!

Great news for brands operating consumer promotions, sweepstakes, and contests! Effective for the 2026 tax year, the One Big Beautiful Bill Act (P.L. No. 119-21) raises the threshold for issuance of a Form 1099-MISC from $600 to… more

1099s, Contests & Promotions, Inflation Adjustments, IRS, New Legislation

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[Podcast] The Changing Landscape: Admissibility of Experts in Patent Cases

Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a case… more

Appeals, Claim Construction, Damages, Expert Testimony, Intellectual Property Litigation

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New Favorable OIG Advisory Opinion – ASC Joint Ventures

On April 26, 2021, the Office of the Inspector General (OIG) of the Department of Health & Human Services (HHS) released Advisory Opinion No. 21-02 (Opinion 21-02), a favorable opinion regarding an ambulatory surgery center… more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Investors, Joint Venture, OIG

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Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, False Claims Act (FCA), Health Care Providers

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FAQs: Section 139

Q: In addition to the CARES Act and other provisions of employee benefit plans described below, what other forms of hardship assistance are employers considering in order to support their employees who are facing health and… more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Qualified Disaster Relief Payments, Relief Measures

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SEC No-Action Letter Streamlines Verification Steps for Rule 506(c) Offerings with Sufficiently Large Minimum Investments

On March 12, the Staff of the SEC issued interpretive guidance in a no-action letter (the No-Action Letter) agreeing with an interpretation of Rule 506(c) proposed by a major international law firm (the Request Letter)… more

Accredited Investors, New Guidance, No-Action Letters, Regulatory Requirements, Rule 506(c)

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The DOL Issues New Guidance on the PUMP Act to Protect Nursing Employees

On May 17, the Department of Labor (DOL) issued guidance concerning an employer’s obligation to provide nursing employees with reasonable break times and a private place to pump breast milk at work. In 2010, the Patient… more

Affordable Care Act, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Lactation Accommodation, New Guidance

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Financial Considerations for Business Leaders Navigating the COVID-19 Pandemic

The global COVID-19 pandemic has brought the world’s economy to a grinding halt. Virtually every person, business and industry has been affected to some extent, and the economic impact and recovery will likely last for months or… more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures, Risk Management

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Salmon, Butter Pats and Vinyl: Washington State’s Newest Invention Will Be More Burdensome Background Check Requirements

In 1903, Edmund Smith invented the Automated Fish Cleaner. This glorious machine could gut, clean and can a salmon 55 times faster than a human could… more

Amended Legislation, Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Responsibilities

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Update: Los Angeles City Attorney Submits Draft Ordinance to Amend Minimum Wage for Hotel and Airport Workers

Late last year, the Los Angeles City Council considered an amendment to the Hotel Minimum Wage Ordinance. On March 7, 2025, the Los Angeles city attorney (City Attorney) submitted a draft ordinance to the City Council, pursuant… more

California, Employee Benefits, Employee Training, Labor Regulations, Minimum Wage

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More ‘Big Beautiful’ Leasing in the Gulf of America

Section 50102 of the OBBBA makes changes affecting what Section 18 of the OCS Lands Act calls the Five-Year Oil and Gas Leasing Program. Although the program is accompanied by thousands of pages of analysis, it is a one-page… more

Department of the Interior, Endangered Species Act (ESA), Energy Policy, Gulf of Mexico, Mineral Leases

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Analysis of Certain Startup Investor and Business Owner-Related Changes Under the 2025 Tax Legislation

There is a possibility for one or more additional reconciliation bills during late 2025 and 2026 and therefore opportunities for enactment of additional provisions, as well as changes and improvements to the Legislation… more

Bonus Depreciation, Budget Reconciliation, Business Income, New Legislation, Qualified Opportunity Funds

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IOENGINE v. Ingenico: Are Electronic Communications Fair Game for the Printed Matter Doctrine?

In IOENGINE, LLC v. Ingenico Inc.,2021-1227 (Fed. Cir. May 3, 2024), the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) determination that certain claim features did not carry patentable weight under the printed… more

Digital Communications, Electronic Communications, Patents, Popular, Printed Matter Doctrine

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New York Senate Passes Half-Million-Dollar Noncompete Wage Limit

As alluded to in our alert regarding nationwide changes in noncompete law, on June 9 the New York State Senate passed Senate Bill S4641 (S4641), which would restrict the use of noncompetes in New York for anyone earning less… more

Health Care Providers, Healthcare Workers, Highly Compensated Employees, Non-Compete Agreements, Nurses

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Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover… more

28 U.S.C. § 1782, Arbitration, Business Litigation, Commercial Arbitration, Discovery

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Federal Court Rules False Claims Act’s Whistleblower Provisions Are Unconstitutional

On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case brought… more

Appointments Clause, Article II, Constitutional Challenges, Department of Justice (DOJ), Dismissals

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SCOTUS Issues Decision in Seila Law

On June 29, 2020, the Supreme Court of the United States issued a long-awaited decision in Seila Law LLC v. CFPB concerning a constitutional challenge to the Consumer Financial Protection Bureau (CFPB). In a 5-4 decision, the… more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Removal For-Cause, SCOTUS

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COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the… more

Advertising, Amended Legislation, Consent, COPPA, Data Privacy

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Syria Sanctions Eased: What is the Impact on Your Business?

On May 23, 2025, the United States formally eased its economic sanctions on Syria. This action authorizes a significant number of transactions that previously would have violated U.S. sanctions… more

Economic Sanctions, Export Controls, Financial Crimes, FinCEN, General Licenses

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What Public Employers Need to Know About the Janus Supreme Court Case

Mandatory Public Sector Union Dues Are Unconstitutional: The Court's Ruling and How We Got Here - In its 5-4 decision in Janus v. AFSCME Council 31, the U.S. Supreme Court held that public employees can no longer be compelled to… more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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State-Level Merger Scrutiny Grows: Washington, Colorado Lead Expansion of State Premerger Notification Laws

Earlier this year, Washington state enacted a version of the nascent Uniform Antitrust Pre-Merger Notification Act (the Uniform Act), which is slated to take effect on July 27… more

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

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[Podcast] 2024 DSIR Deeper Dive: Deeper Dive into the Data

We’re back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023. This episode dives deeper into the data, including network intrusions… more

Crisis Management, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach

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Standing in Uncertainty: Spokeo Three Years Later

In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm”… more

Class Action, Cy Pres Funds, Frank v Gaos, FRCP 23(e), Remand

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World IP Day

We celebrate World IP Day this year on April 26, commemorating 53 years of the World Intellectual Property Organization (WIPO) Convention’s implementation. This year’s theme is “Women and IP: Accelerating Innovation and… more

Entrepreneurs, Intellectual Property Protection, Inventors, Women-Owned Businesses, World Intellectual Property Organisation

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GOOGLE Mark Is Not a Victim of Genericide

On May 16, 2017, internet search engine and content provider Google Inc. was handed a win by the United States Court of Appeals for the Ninth Circuit in Elliot v. Google Inc. The court ruled that the GOOGLE trademark had not… more

Genericide, Google, Trademark Registration, Trademarks

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Tentative Ruling Issued to Delay Enforcement of CCPA Regulations Until March 29, 2024

On June 29, 2023, the Superior Court of California for the County of Sacramento (Court) issued a tentative ruling staying the California Privacy Protection Agency (Agency) from enforcing the California Consumer Privacy Act of… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Enforcement, Final Rules, Stays

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[Podcast] Technology from the Top: AI, Data and the Future of Business with Today’s CIOs – Katherine Lowry

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today’s CIOs” to discuss how they are adjusting to… more

Artificial Intelligence, Chief Information Officers (CIO), Cybersecurity, Data Breach, Data Privacy

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Analysis of Employer-Related and Executive Compensation Changes Under the 2025 Tax Legislation

There is a possibility for one or more additional reconciliation bills during late 2025 and 2026, and therefore additional opportunities for enactment of additional provisions, as well as changes and improvements to the… more

Budget Reconciliation, Dependent Care Assistance Program (DCAP), Educational Assistance Programs, Employee Benefits, Employer Group Health Plans

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DOJ Corporate Whistleblower Awards Pilot Program

DOJ has introduced the new three-year Pilot Program, managed by the Criminal Division’s Money Laundering and Asset Recovery Section, effective August 1. Under this Pilot Program, whistleblowers meeting certain criteria may be… more

CFTC, Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ)

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Moratorium on New Oil and Gas Operations Lifted in Adams County

On Tuesday, Adams County, Colorado, commissioners lifted a six-week moratorium on new oil and gas drilling operations in urban areas. The moratorium, previously approved by the county commissioners in early February following… more

Energy Sector, Moratorium, Oil & Gas, Well Drilling

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The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question that… more

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

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Treasury Issues Paycheck Protection Application Regarding Forgiveness

The Department of the Treasury (Treasury) recently issued a Paycheck Protection Program (PPP) Loan Forgiveness Application Form (the Forgiveness Application) that resolves some important questions regarding how borrowers will… more

Loan Forgiveness, Paycheck Protection Program (PPP), SBA