Venable LLP

Government Issues Nonenforcement Statement on Mental Health Parity Rules

The government recently stated that it will delay enforcement of the 2024 final rules on the Mental Health Parity and Addiction Equity Act (MHPAEA). (Our previous alert regarding the 2024 final rules can be found here.) This…more

Compliance, Employee Benefits, Employer Group Health Plans, Enforcement Actions, Final Rules

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NEPA Amendments: Highlights and Practical Implications

The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining…more

CEQ, CEQA, Deadlines, Debt Ceiling, Environmental Assessments

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State Privacy Law Enforcement Coordination - Cookie Banners in the Crosshairs

On April 16, data privacy law regulators in seven states announced the creation of the Consortium of Privacy Regulators, a bipartisan group of state regulators seeking to “share expertise and resources, as well as coordinate…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cookie Banners, Data Collection

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Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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Out of the Doghouse? Jack Daniel's Marks Tarnished but Not Infringed by Bad Spaniels Toy

On January 23, 2025, the United States District Court for the District of Arizona issued a final decision ending the intensely disputed, decade-long litigation between Jack Daniel's Properties, Inc. and VIP Products LLC…more

Appeals, Dilution, First Amendment, Intellectual Property Litigation, Jack Daniels Properties Inc v VIP Products LLC

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Private Funds Get a Break: SEC No-Action Letter Offers Relief for Private Fund Verification

In a March 12, 2025 no-action letter, the SEC staff provided commonsense guidance relating to verification of accredited investor status under rule 506(c). The guidance aligns with industry practice and has the potential to…more

Accredited Investors, Exemptions, Fund Managers, Investment Advisers Act of 1940, Investment Funds

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Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could…more

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

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Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know

The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers…more

Charitable Organizations, Civil Rights Act, Discrimination, Entrepreneurs, First Amendment

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The Shifting Landscape of "Green Building" in Virginia

Several jurisdictions throughout Virginia, particularly in the northern suburbs of the Washington, DC metropolitan area, are pushing the envelope on green building practices. These efforts come at a time when the development…more

Construction Project, Green Buildings, Land Developers, LEED Certified, Property Owners

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Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers

How far must employers go to accommodate their employees' sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and…more

Americans with Disabilities Act (ADA), De Minimus Doctrine, Employment Policies, Groff v DeJoy, Oral Argument

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The Perils of Procedural Misadventure and Unclear Claim Drafting in Patent Litigation

On Friday, March 14, 2025, Delaware's own Judge Andrews provided important guidance on key patent issues, relevant to pharmaceutical and technology companies alike: (1) the decisive impact of local patent rules on summary…more

Intellectual Property Protection, Litigation Strategies, Local Rules, Patent Infringement, Patent Litigation

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Protecting REITs under Maryland Law

Over the past decade, Maryland-incorporated real estate investment trusts ("REITs") have been under increasing pressure to eliminate or reduce defenses against unsolicited takeovers. Boards have been declassified, directors are…more

Appraisal, Board of Directors, Bylaws, Corporate Governance, Freeze-Out Mergers

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NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

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Vanessa Bryant v. County of Los Angeles, et al.

More than two years have passed since the tragic helicopter crash that killed basketball player Kobe Bryant, his daughter Gianna Bryant, and all others on board the January 26, 2020 flight. Since that time, several cases related…more

Discovery, Doctor-Patient Privilege, Emotional Injury Claims, PHI, Proximate Cause

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What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the…more

Discipline, Employee Misconduct, Employee Rights, Hiring & Firing, NLRB

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New PAGA Reforms Incentivize Proactive California Wage and Hour Compliance Efforts

On July 1, 2024, Governor Gavin Newsom signed two bills into law that significantly revamp the Private Attorneys General Act of 2004 (PAGA). These reforms follow a June 18 deal reached between California labor and business…more

Compliance, Employer Liability Issues, Employment Litigation, Employment Policies, Governor Newsom

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Fifth Circuit Places Partial Stay on CFPB Small Business Lending Rule Amid Leadership Change

The Fifth Circuit Court of Appeals heard arguments in early February challenging the validity of the Consumer Financial Protection Bureau's (CFPB Small Business Lending Rule. The rule is being challenged by various industry…more

Appeals, Compliance Dates, Consumer Financial Protection Bureau (CFPB), Credit Reports, ECOA

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Colorado Amends State Privacy Law to Include Biometric Data Requirements

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go…more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, Compliance, Data Collection

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Reminder: California’s Valentine’s Day Deadline to Notify Employees if They Have Void Noncompetes Is Tomorrow (Feb 14)

California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who…more

Former Employee, Non-Compete Agreements, Notice Requirements, Statutory Deadlines, Void and Unenforceable

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FTC Finalizes COPPA Rule Changes, New Rule Takes Effect in June

On January 16, 2025, the Federal Trade Commission (FTC or Commission) published a final rule on the FTC website updating the Children's Online Privacy Protection Act (COPPA) Rule (Final Rule). This Final Rule follows a January…more

Advertising, COPPA, Data Collection, Data Retention, Federal Trade Commission (FTC)

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Supreme Court Endorses Plaintiff-Friendly Prohibited Transaction Pleading Standard

On April 17, 2025, the Supreme Court resolved a circuit split on the appropriate pleading standard for a specific type of prohibited transaction claim under ERISA. While that decision may sound dry and technical, the practical…more

403(b) Plans, Benefit Plan Sponsors, Cunningham v Cornell University, Employee Benefits, ERISA Litigation

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New Environmental Justice Regulations for New York Environmental Review

New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Environmental Review, Pollution Control

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - April 2025

Welcome to The On-Ramp, the newsletter published by Venable’s Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous and connected vehicles, smart infrastructure,…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Electric Vehicles, Executive Orders

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[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Abbreviated New Drug Application (ANDA), Hatch-Waxman, Inducement, Intellectual Property Litigation, Intellectual Property Protection

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RENTAL Act Promises to Improve Confidence for Owners of Affordable and Market-Rate Housing in the District and Provides Significant Exemptions to TOPA

Washington, DC, Mayor Muriel Bowser unveiled legislation on February 12, 2025, aimed at protecting existing affordable housing units and improving the investment climate for newer multifamily housing in the District…more

Affordable Housing, Community Development, Housing Developers, Landlords, Multi-Family Development

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USPTO Guidance for Online Fakes

The numbers of online fakes have exploded in recent years, creating increasing issues for a broad array of consumer goods manufacturers and retailers, from luxury clothing and leather goods to car parts or smoking accessories…more

Copyright Infringement, Counterfeiting, Enforcement Actions, Government Agencies, International Trade

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FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule will…more

Breach Notification Rule, Electronic Medical Records, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Incident Response Plans

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SEC Must Return $93 Million Penalty, First Circuit Says

The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April…more

Causation, Corporate Counsel, Disgorgement, Failure To Disclose, Investment Adviser

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EPA Rolls Out Changes to Biden-Era PFAS Rules. What May Be Around the Corner?

The U.S. Environmental Protection Agency (EPA) has announced major changes to two regulations concerning per- and polyfluoroalkyl substances (PFAS). The first is a revamp of Safe Drinking Water Act (SDWA) standards for certain…more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Proposed Rules

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CFPB Withdraws Guidance Documents: A Shift Toward Regulatory Restraint

The Consumer Financial Protection Bureau (CFPB) is taking a red pen to its own playbook.  In a sweeping move that signals a recalibration of its regulatory posture, the CFPB has announced the withdrawal of 67 guidance documents,…more

Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Fair Credit Reporting Act (FCRA)

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USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

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Understanding False Advertising Claims: An Excerpt from the Advertising Law Tool Kit

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions…more

Advertising, False Advertising, Marketing

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SEC Staff Says Meme Coins Are Not Securities

When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke, primarily…more

Asset Tokens, Blockchain, Cryptoassets, Cryptocurrency, Digital Assets

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Evaluating the Cybersecurity Risk of Your Mailing and Publishing Partners

Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and…more

Confidential Information, Cybersecurity, Data Protection, Data-Sharing, Donors

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Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

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Crossing the Pond: What UK Fintechs Taking a Fresh Look at the U.S. Market Need to Know

For years, UK-based consumer finance and payments firms have viewed the U.S. regulatory landscape as complex, fragmented, and challenging when it comes to expansion. But 2025 may prove to be a turning point…more

Buy Now Pay Later (BNPL), Consumer Lenders, Cryptocurrency, Digital Assets, Financial Regulatory Reform

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DEI and Potential False Claims Act Liability in Higher Education

Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any other…more

Affirmative Action, Dear Colleague Letter, Department of Education, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining…more

Advertising, Artificial Intelligence, Auto-Renewal, Best Practices, Beverage Manufacturers

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State Privacy Law Enforcement Coordination - Cookie Banners in the Crosshairs

On April 16, data privacy law regulators in seven states announced the creation of the Consortium of Privacy Regulators, a bipartisan group of state regulators seeking to “share expertise and resources, as well as coordinate…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cookie Banners, Data Collection

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The Current State of Captive Audience Meetings

Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months…more

Constitutional Challenges, Corporate Counsel, Federal Labor Laws, General Meetings, NLRA

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Inflation Drives Federal Campaign Contribution Limits Higher

The Federal Election Commission announced updated contribution limits for the 2025-2026 election cycle..…more

Campaign Contributions, Contribution Limits, Election Laws, Federal Election Commission (FEC), PACs

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How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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Ninth Circuit Rules That TCPA Aggregated Statutory Damages Might Be Unconstitutionally Punitive

​​​​​​​For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified nationwide…more

Calculation of Damages, Class Action, Corporate Counsel, Due Process, Fifth Amendment

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Trump Administration to Impose False Claims Act Liability on Contractors and Grant Recipients Who Continue to Maintain DEI and Other Affirmative Action Programs

On January 21, 2025, President Trump issued a widely expected executive order (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, targeting affirmative action and diversity, equity, and inclusion (DEI)…more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders

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Is Your Business Ready for the Corporate Transparency Act?

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will take effect and impose an obligation on many U.S. entities (and foreign entities doing business in the United States), unless exempted, to report to the…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN

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Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - April 2025

Welcome to The On-Ramp, the newsletter published by Venable’s Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous and connected vehicles, smart infrastructure,…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Electric Vehicles, Executive Orders

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Custody Battles: The FDIC's Latest Proposed Rule on FBO Accounts

The FDIC has issued a proposed rule that would apply to practically all bank-fintech arrangements that use custodial deposit accounts to provide customers with transactional features (also called "FBO" accounts for short)…more

Banking Sector, Banks, Comment Period, Compliance, Deposit Accounts

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California Proposes Licensing Framework for Digital Financial Asset Businesses

The California Department of Financial Protection and Innovation (DFPI) has released proposed regulations implementing the Digital Financial Assets Law (DFAL), creating a formal licensing regime for businesses engaging in a…more

Comment Period, Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, FinTech

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Are You One of the 20,000 Self-Certified Service-Disabled Veteran-Owned Small Businesses? Because of a New Regulation, You Should Consider Seeking Certification from the Small Business Administration

On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency…more

Federal Acquisition Regulations (FAR), Final Rules, NDAA, Public Procurement Policies, SBA

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Preparing for the EU Cyber Resilience Act

The European Union (EU) is poised to enact the Cyber Resilience Act (CRA), a comprehensive cybersecurity regulation with major implications for software and connected device manufacturers in the United States and globally…more

Compliance, Cyber Incident Reporting, Cybersecurity, Effective Date, Electronic Devices

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Leveraging Your Contracts to Address the Impact of Tariffs

Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,…more

Aluminum Sales, Automotive Industry, B2B Organizations, Canada, China

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Amid Pushback, the FTC Issues Anticipated Report on Data Practices of Social Media and Video Streaming Services

On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report), the…more

Advertising, Artificial Intelligence, Data Collection, Data Processors, Data-Sharing

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New PAGA Reforms Incentivize Proactive California Wage and Hour Compliance Efforts

On July 1, 2024, Governor Gavin Newsom signed two bills into law that significantly revamp the Private Attorneys General Act of 2004 (PAGA). These reforms follow a June 18 deal reached between California labor and business…more

Compliance, Employer Liability Issues, Employment Litigation, Employment Policies, Governor Newsom

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The Libel-Proof Plaintiff

The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover…more

Damages, Defamation, Jurisdiction, Libel, Motion to Dismiss

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Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs Must be Considered in False Claims Act Cases

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In what…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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A Legal Whirlwind Settles: Treasury Lifts Sanctions on Tornado Cash

On March 21, 2025, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) officially lifted sanctions on Tornado Cash, the decentralized cryptocurrency mixer it had blacklisted in August 2022…more

Appeals, Biden Administration, Blacklist, Blockchain, Cryptocurrency

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Federal Circuit Overrules Obviousness Test for Design Patents and Decades of Precedent

A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global…more

Design Patent, En Banc Review, Obviousness, Patent Litigation, Patents

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The DEI Dilemma: Should Employers Cut Back on DEI Programs?

Shortly after taking office, President Trump issued an executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the EO), to eliminate the "illegal" diversity, equity, and inclusion (DEI) policies of…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Executive Orders

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RENTAL Act Promises to Improve Confidence for Owners of Affordable and Market-Rate Housing in the District and Provides Significant Exemptions to TOPA

Washington, DC, Mayor Muriel Bowser unveiled legislation on February 12, 2025, aimed at protecting existing affordable housing units and improving the investment climate for newer multifamily housing in the District…more

Affordable Housing, Community Development, Housing Developers, Landlords, Multi-Family Development

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Type F Reorganizations: General Overview and the Problem of Dissenting Shareholders

Choosing the type of entity to form and where to form it are two of the most common early legal decisions that founders make when they start their own businesses. Founders typically register their companies in the state where…more

Business Entities, Business Formation, Choice of Entity, Corporate Governance, Corporate Restructuring

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Executive Orders Lay the Groundwork for Major Changes to Environmental and Natural Resources Law

As expected, the new Trump White House has issued a flurry of executive orders (EOs) which directly affect the federal government's policies on a broad range of environmental and natural resources issues…more

Climate Change, Department of Energy (DOE), Energy Sector, Environmental Policies, Environmental Protection Agency (EPA)

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How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need for…more

Civil Rights Act, Department of Justice (DOJ), Disparate Impact, Employer Liability Issues, Employment Discrimination

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Generative AI - Copyright Overview - Part 2

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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Federal Circuit Issues Rare En Banc Decision on Patent Damages

In the first en banc decision for a utility patent case since 2018, the Federal Circuit reversed a district court's denial of a new trial on damages in EcoFactor, Inc. v. Google LLC and held that EcoFactor's damages expert's…more

Appeals, Contract Interpretation, Damages, Evidence, Expert Testimony

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2025 Dollar Limits on Compensation and Benefits

The Internal Revenue Service (IRS) has announced 2025 dollar limits on benefits, contributions, and compensation. The Internal Revenue Code (Code) affords tax benefits for employers that sponsor qualified plans and for employees…more

Benefit Plan Sponsors, Contribution Limits, Cost-of-Living Adjustment (COLA), Employee Benefits, Employer Group Health Plans

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New York Seeks to Beef up Consumer Protection Framework

New York attorney general Leticia James is the latest state-level actor to respond to the Trump administration’s efforts to shrink federal consumer protection agencies. James has championed the FAIR Business Practices Act, a…more

Consumer Financial Products, Consumer Protection Laws, Enforcement Authority, Proposed Legislation, Regulatory Reform

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Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

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SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group…more

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

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Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

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Cryptocurrencies, NFTs, and State Tax - There's Lots That We Don't Know Yet

Every so often something new and different comes along in the world of state and local tax that does not fit within the existing conceptual frameworks and rules. For example, the delivery of digital books and other digital media…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Marketplace

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Recent Developments on Discretionary Denials of Post-Grant Proceedings

On March 26, 2025, the acting USPTO director, Coke Morgan Stewart, published a Memorandum addressed to all judges for the Patent Trial and Appeals Board (PTAB), in which Acting Director Stewart detailed an interim bifurcated…more

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

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“Free” Must Mean Free? FTC Seeks to Enjoin Intuit from Advertising TurboTax as a “Free” Service

At the peak of tax-filing season, when millions of consumers are still considering their method of filing, the Federal Trade Commission has set its sights on Intuit, Inc., one of the largest online tax-filing services. On…more

Advertising, E-Filing, Enforcement Actions, Federal Trade Commission (FTC), Fees

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International Tax Reform Under the "One Big Beautiful Bill": What Global Businesses Need to Know

As the U.S. Senate is set to consider President Trump's domestic policy bill, non-U.S.-based multinational businesses and non-U.S. investors are preparing for wholesale changes to the U.S. international tax landscape, including…more

Base Erosion and Anti-Abuse Tax (BEAT), Controlled Foreign Corporations, Corporate Taxes, Foreign Derived Intangible Income (FDII), Foreign Investment

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The FTC Brings More Light to Dark Patterns in New Staff Report

​​​​​​​By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as…more

Advertising, Corporate Counsel, Enforcement Priorities, Federal Trade Commission (FTC), Information Reports

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Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless of…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Employee Rights

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New Carrot, New Stick: Commerce Encourages Voluntary Self-Disclosures and Disclosures on Others for Potential Export Control Violations

On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures (VSDs)…more

Bureau of Industry and Security (BIS), Civil Monetary Penalty, Enforcement, Enforcement Actions, Entity List

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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BiologicsHQ Monthly Injection - March 2025

On March 17, 2025, Senators Chuck Grassley (R-IA), John Cornyn (R-TX), Richard Blumenthal (D-CT), and Richard Durbin (D-IL) re-introduced the “Affordable Prescriptions for Patients Act” (“APPA”), which previously passed the U.S…more

aBLA, Biosimilars, BPCIA, Celltrion, Drug Pricing

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Should I Register My Entity to Do Business in a State? Supreme Court Case Reminds Us of the Scope of Considerations

Clients frequently ask whether a business entity needs to register to do business in a particular state with which the entity has begun to have some degree of ongoing contact. In responding we typically consider the state's…more

Business Formation, Business Taxes, Corporate Governance, Doing Business, Due Process

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Green Book Proposals Related to Estate and Gift Tax

On March 28, the Biden administration released its budget recommendations for fiscal year 2023 (which begins this October 1). The budget calls for nearly $5.8 trillion in spending during the upcoming fiscal year, offset by $4.6…more

Biden Administration, Electronic Filing, Estate Tax, Federal Budget, Gift Tax

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Amid Pushback, the FTC Issues Anticipated Report on Data Practices of Social Media and Video Streaming Services

On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report), the…more

Advertising, Artificial Intelligence, Data Collection, Data Processors, Data-Sharing

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ERTC Refund Lawsuits: Is Now the Time to File?

Many employers who filed employee retention tax credit (ERTC) refund claims have been waiting months or even years to receive refund checks. The IRS stopped processing refund claims in mid‑July of 2023 and publicly announced a…more

CARES Act, Coronavirus/COVID-19, Employee Retention, IRS, Litigation Strategies

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Acting NLRB GC Cowen Rescinds Multiple Abruzzo-Era Memos

Under the Biden administration and with former General Counsel Jennifer Abruzzo at the helm, the National Labor Relations Board (“the Board”) adopted a pro-union, pro-employee agenda. As expected, under the Trump administration…more

Biden Administration, NLRA, NLRB, NLRB General Counsel, Regulatory Agenda

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State Attorney General Investigations: What Consumer Financial Services Companies Need to Know

State attorneys general (AGs) have long played a significant role in consumer protection enforcement, often acting as frontline regulators alongside federal agencies. For consumer financial services companies, an AG…more

Civil Investigation Demand, Consumer Protection Laws, Enforcement Actions, Financial Services Industry, Investigations

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A Closer Look at the Data Security Requirements in DOJ's Bulk Data Rule

As described in an earlier alert, the Department of Justice (DOJ) recently announced a 90-day pause in enforcement of the "Bulk Data Rule" for entities engaging in good faith compliance. That 90-day grace period ends on July 8,…more

Compliance, Cybersecurity, Data Privacy, Data Security, Department of Justice (DOJ)

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What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine Independent Contractor Status

Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Venable FDA Pulse: FDA at the 100-Day Mark of Trump Administration 2.0

Since returning to office for a second term, President Trump has taken steps to reshape federal agencies. Here, we discuss the significant changes that have occurred at the Food and Drug Administration (FDA or Agency) during the…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Government Agencies, Medical Devices, Prescription Drugs

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DOJ Launches Civil Rights Fraud Initiative, Tying Anti-Semitism and DEI Policies to False Claims Act Liability

On May 19, 2025, the U.S. Department of Justice (DOJ) announced that it had formed a “Civil Rights Fraud Initiative,” co-led by DOJ’s Civil Fraud Section and Civil Rights Division…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions, Executive Orders

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[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining…more

Advertising, Artificial Intelligence, Auto-Renewal, Best Practices, Beverage Manufacturers

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Federal Circuit Panel Hears Oral Arguments in In re Cellect, LLC to determine the Fate of Patent Term Adjustments

On June 9, 2023, the Federal Circuit—presided over by Judges Lourie, Dyk, and Reyna—held oral arguments in In re Cellect, LLC. The case that many clients, especially the biotechnology and pharmaceutical companies, have been…more

Obviousness, Obviousness-Type Double Patenting (ODP), Oral Argument, Patent Litigation, Patent Term Adjustment

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Event in Review: Private Equity Investment in Healthcare

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Corporate Practice of Medicine

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Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

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New Florida Law Restricts Foreign Support for Nonprofits and Charitable Sales Promotions and Establishes State-Maintained "Honest Services Registry"

Effective July 1, 2025, a recently enacted Florida law, Senate Bill 700, will broadly prohibit those involved with charitable solicitations or sales promotions from receiving or soliciting funds from individuals and entities…more

China, Foreign Entities, Foreign Investment, New Legislation, Nonprofits

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Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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America First's First Trade Deal: White House Announces UK Deal "General Terms"

On May 8, the White House announced President Trump's first trade deal under his America First Policy. The deal struck between the United States and the United Kingdom will revise some of the tariffs imposed on the UK so far…more

Agricultural Sector, Automotive Industry, International Trade, Pharmaceutical Industry, Supply Chain

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USPTO Guidance for Online Fakes

The numbers of online fakes have exploded in recent years, creating increasing issues for a broad array of consumer goods manufacturers and retailers, from luxury clothing and leather goods to car parts or smoking accessories…more

Copyright Infringement, Counterfeiting, Enforcement Actions, Government Agencies, International Trade

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Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid…more

Bid Protests, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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New USPTO Guidelines: After the Supreme Court's Amgen Decision, In re Wands Factors Remain Applicable Enablement Framework

On January 10, 2024, the United States Patent and Trademark Office (USPTO) issued "Guidelines for Assessing Enablement in Utility Applications and Patents in View of the U.S. Supreme Court Decision in Amgen Inc. et al. v. Sanofi…more

Amgen v Sanofi, Enablement Inquiries, Intellectual Property Protection, New Guidance, Patent Litigation

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A Closer Look at the Data Security Requirements in DOJ's Bulk Data Rule

As described in an earlier alert, the Department of Justice (DOJ) recently announced a 90-day pause in enforcement of the "Bulk Data Rule" for entities engaging in good faith compliance. That 90-day grace period ends on July 8,…more

Compliance, Cybersecurity, Data Privacy, Data Security, Department of Justice (DOJ)

See all updates »

Acting NLRB GC Cowen Rescinds Multiple Abruzzo-Era Memos

Under the Biden administration and with former General Counsel Jennifer Abruzzo at the helm, the National Labor Relations Board (“the Board”) adopted a pro-union, pro-employee agenda. As expected, under the Trump administration…more

Biden Administration, NLRA, NLRB, NLRB General Counsel, Regulatory Agenda

See all updates »

[Webinar] Insurance Coverage for PFAS Under Historical CGL, Modern Environmental and Other Insurance Policies - April 3rd, 1:00 pm - 2:00 pm ET

This program will address insurance coverage for the potential environmental impacts of PFAS, such as the costs of testing or remediation required by the government, as well as other potential non-environmental PFAS claims…more

Commercial General Liability Policies, Continuing Legal Education, Denial of Insurance Coverage, Environmental Liability, Environmental Litigation

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Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Electronic Records, Influencers, Ownership of Works, Personal Property, Social Media

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Event in Review: Trump 2.0: A Brave New World for Government Contractors

A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy…more

Contract Disputes, Contract Termination, Contract Terms, Diversity and Inclusion Standards (D&I), Enforcement Actions

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No Risk, No Reward: Steps an Employer Can Take to Conduct an Effective Pay Audit Without Creating Greater Risk for Their Organization

Back in 2021, survey data from the Society for Human Resource Management reflected that nearly 58 percent of U.S. employers voluntarily conducted pay audits…more

Audits, Civil Rights Act, Employee Privacy Rights, Employment Discrimination, Equal Pay

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Federal Efforts to Incentivize States to Promulgate False Claims Statutes

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and…more

Anti-Retaliation Provisions, Civil Monetary Penalty, Deficit Reduction, Department of Health and Human Services (HHS), Enforcement Authority

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A Closer Look at the Data Security Requirements in DOJ's Bulk Data Rule

As described in an earlier alert, the Department of Justice (DOJ) recently announced a 90-day pause in enforcement of the "Bulk Data Rule" for entities engaging in good faith compliance. That 90-day grace period ends on July 8,…more

Compliance, Cybersecurity, Data Privacy, Data Security, Department of Justice (DOJ)

See all updates »

Loper Decision Impact on Patent Law

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group…more

America Invents Act, Chevron Deference, Government Agencies, Imports, International Trade Commission (ITC)

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Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the same…more

Breach of Duty, Competition, Confidential Information, Duty of Loyalty, Federal Contractors

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Piloting a "Fast Track" at CFIUS: New Process for Foreign Investors Expected Soon

On May 8, 2025, the U.S. Department of the Treasury, which leads the interagency Committee on Foreign Investment in the United States (CFIUS), announced plans to establish a fast-track process for foreign investors, including a…more

CFIUS, Expedited Actions Process, Foreign Investment, National Security, Pilot Programs

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Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

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2025 Preview: New Year Brings New Chairman at the FMC and Notable Developments for Shippers, OTIs, Carriers, and Others to Monitor

This advisory alert is part of an ongoing series from Venable regarding noteworthy developments in trade laws expected in 2025…more

Class Action, Common Carriers, Enforcement Actions, Exports, Federal Maritime Commission

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The Treasury Department's Financial Crimes Enforcement Network Eviscerates the Corporate Transparency Act

On March 21, the Treasury Department's Financial Crimes Enforcement Network (FinCEN) issued its "Interim final rule; request for comments" that removes any requirement for U.S. companies or U.S. persons to submit beneficial…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Filing Deadlines, FinCEN

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New Executive Order Raises Compliance Questions for Medicare Plans and Providers

On January 21, 2025, President Trump issued an executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Executive Order), that introduces significant changes for government contractors and grant…more

Centers for Medicare & Medicaid Services (CMS), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA), Federal Contractors

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Part 1: Cooperation in Government Investigations and Voluntary Self-Disclosure: What to Expect After DOJ’s Latest Guidance

​​​​​​​On September 15, Deputy Attorney General Lisa Monaco issued a department-wide memorandum containing revisions to the Justice Department’s (DOJ) corporate criminal enforcement policies (“the Memorandum”), including…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Enforcement

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This is Not a Drill: Trump Administration 'Dear Colleague' Letter Virtually Eliminates Consideration of Race in Higher Education

On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from…more

Affirmative Action, Civil Rights Act, Dear Colleague Letter, Department of Education, Diversity and Inclusion Standards (D&I)

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Annual Stockholders Meeting: Preparation Guide - March 2025

We are often asked by clients to assist them in preparing for and holding their annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement…more

Annual Meeting, Annual Reports, Board of Directors, Corporate Governance, Disclosure Requirements

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Smoothing Privacy Contracting: Six Ways to Reduce Friction in Data Processing Agreements

Negotiating a data processing agreement (DPA) is typically a necessary step when engaging vendors that handle personal data. However, these negotiations have become time consuming and complex, given the evolving privacy…more

Audits, Contract Negotiations, Contract Terms, Data Controller, Data Privacy

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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Looming CTA Disclosure Requirements and Healthcare Providers

The Federal Corporate Transparency Act (the CTA), 31 U.S.C. §5336, will soon require certain entities to disclose to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) certain pieces of identifying information…more

Anti-Money Laundering, Beneficial Owner, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Covered Entities

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District of Columbia Establishes New Tax Incentives for Office Repositioning in Downtown

On June 25, 2024, the D.C. Council passed the Downtown Activation Conversion Program Amendment Act of 2024, in a strategic effort to revitalize the downtown area—including portions of Dupont Circle, West End, Foggy Bottom, Penn…more

Affordable Housing, Commercial Real Estate Market, Office Space, Property Improvements, Real Estate Development

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New York Commercial Financing Disclosure Requirements

Providers of commercial financing that are subject to the New York State Commercial Finance Disclosure Law (CFDL) must provide disclosures to potential recipients of commercial financing at the time a specific offer of financing…more

Commercial Loans, Disclosure Requirements, Financing, Lenders, NYDFS

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Private Funds Get a Break: SEC No-Action Letter Offers Relief for Private Fund Verification

In a March 12, 2025 no-action letter, the SEC staff provided commonsense guidance relating to verification of accredited investor status under rule 506(c). The guidance aligns with industry practice and has the potential to…more

Accredited Investors, Exemptions, Fund Managers, Investment Advisers Act of 1940, Investment Funds

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The Major Statement: FDA's Recent Q&A Guidance and Rulemaking on Direct-to-Consumer Prescription Drug Advertisements and the November Deadline

On December 26, 2023, the Food and Drug Administration (FDA) issued a Small Entity Compliance Guide Final Guidance Document: Direct-to-Consumer Prescription Drug Advertisements: Presentation of the Major Statement in a Clear,…more

Advertising, Direct to Consumer Sales, Final Guidance, Final Rules, Food and Drug Administration (FDA)

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Court of Chancery Provides Further Guidance on Advance Notice Bylaw Amendments Amidst a Proxy Contest

Hi In “a tale of wins and losses on both sides,” the Delaware Court of Chancery reiterated that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens of enhanced judicial scrutiny to…more

Board of Directors, Breach of Duty, Bylaws, Corporate Governance, Delaware General Corporation Law

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Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a constitutional…more

Appeals, Constitutional Challenges, Criminal Procedure, Criminal Prosecution, Fourth Amendment

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New HSR Premerger Filing Requirements Officially Set to Take Effect on February 10, 2025

On November 12, 2024, the Federal Trade Commission's (FTC) previously announced final rule expanding the scope of premerger filings under the Hart-Scott-Rodino (HSR) Act was formally published in the Federal Register…more

Compliance, Compliance Dates, Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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How the Congressional Review Act May Shape Environmental Rulemaking and Guidance

Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can…more

Administrative Agencies, Clean Air Act, Clean Water Act, Congressional Committees, Congressional Review Act

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Supreme Court to Hear Case That Could Overrule Chevron and Curtail Administrative Agencies' Ability to Regulate Broadly

The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the…more

Administrative Agencies, Administrative Authority, Chevron Deference, Rulemaking Process, SCOTUS

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DOJ Settles Claims of Illegal Pre-Merger Coordination Against Crude Oil Companies with Record $5.6 Million Gun Jumping Penalty

On January 7, 2025, the U.S. Department of Justice (DOJ) filed suit against three Texas-based crude oil companies—XCL Resources Holdings, LLC (XCL), Verdun Oil Company II, LLC (Verdun), and EP Energy LLC (EP)—alleging unlawful…more

Acquisitions, Antitrust Violations, Civil Monetary Penalty, Contract Terms, Department of Justice (DOJ)

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Proposed Regulations Change PFIC Elections for Partnerships

On January 24, 2022, the IRS issued proposed regulations that impact certain elections available to U.S. taxpayers with respect to their indirect interests in passive foreign investment companies (PFICs). Pursuant to the…more

Controlled Foreign Corporations, IRS, Partnerships, Passive Foreign Investment Company, Proposed Regulation

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

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Type F Reorganizations: General Overview and the Problem of Dissenting Shareholders

Choosing the type of entity to form and where to form it are two of the most common early legal decisions that founders make when they start their own businesses. Founders typically register their companies in the state where…more

Business Entities, Business Formation, Choice of Entity, Corporate Governance, Corporate Restructuring

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Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

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Chancery Court Dismisses Equitable Challenge to Advance Notice Bylaws as Unripe

Invoking the recent Delaware Supreme Court decision Kellner v. AIM ImmunoTech Inc., 320 A.3d 239 (Del. 2024) (“Kellner”), the Court of Chancery held that equitable challenges to the enforceability of advance notice bylaws are…more

Board of Directors, Bylaws, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

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Future-Proofing: The Top Five Things to Know Before Launching a Digital Brand, Product, or Service

New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your…more

Artificial Intelligence, Authorship, Copyright, Cybersecurity, Entertainment Industry

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Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

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Illinois Law Requiring Certain Not-For-Profits to Disclose Demographic Data Challenged in Federal Court

Illinois' General Not-For-Profit Corporation Act (Act) was amended to begin requiring certain Illinois not-for-profits to annually report on the demographics of their governing bodies as of January 1, 2025…more

Annual Reports, Anti-Discrimination Policies, Constitutional Challenges, Corporate Governance, Diversity and Inclusion Standards (D&I)

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“Don’t Let the Sun Go Down on Me” - Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025

The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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U.S. EPA Delineates PFAS Plans

The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Press Releases

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Chancery Court Dismisses Equitable Challenge to Advance Notice Bylaws as Unripe

Invoking the recent Delaware Supreme Court decision Kellner v. AIM ImmunoTech Inc., 320 A.3d 239 (Del. 2024) (“Kellner”), the Court of Chancery held that equitable challenges to the enforceability of advance notice bylaws are…more

Board of Directors, Bylaws, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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Delaware Enacts Corporate Law Amendments Establishing Safe Harbor Protections for Conflicted Transactions and Clarifying Stockholder Inspection Rights

In late March 2025, the Delaware General Assembly enacted, and Governor Matt Meyer signed, bipartisan legislation making significant amendments to the Delaware General Corporation Law (DGCL)…more

Amended Legislation, Board of Directors, Books & Records, Conflicts of Interest, Controlling Stockholders

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Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in Size-Protest-Turned-False-Claims-Act Case

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA)…more

Bid Protests, False Claims Act (FCA), Federal Contractors, Federal Procurement Systems, Gross Receipts

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Is Your Company's Overseas Bribery Prevention Program Still Necessary Under Trump's DOJ?

A recent executive order (EO) and Department of Justice (DOJ) policy statement issued in the first weeks of February signal a potentially dramatic shift in the DOJ's approach to enforcing the Foreign Corrupt Practices Act (FCPA)…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Executive Orders

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Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

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Supreme Court Clarifies Burden of Proof for FLSA Exemptions

On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA")…more

Burden of Proof, EMD Sales Inc v Carrera, Employment Litigation, Evidence, Exempt-Employees

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CFPB Officially Adds UDAAP to Its Anti-Discrimination Tool Kit

The CFPB intends to use its authority under the Consumer Financial Protection Act to identify, prohibit, and prosecute discrimination as a UDAAP - an "unfair" act or practice in any financial services category, whether it be…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), ECOA, Financial Services Industry, UDAAP

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New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider Now Before the Ban Takes Effect

Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign…more

Contract Terms, Covered Employees, Employment Contract, Exceptions, Non-Compete Agreements

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Annual Stockholders Meeting: Preparation Guide - March 2025

We are often asked by clients to assist them in preparing for and holding their annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement…more

Annual Meeting, Annual Reports, Board of Directors, Corporate Governance, Disclosure Requirements

See all updates »

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining…more

Advertising, Artificial Intelligence, Auto-Renewal, Best Practices, Beverage Manufacturers

See all updates »

DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

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Patent Litigation Defense 101: What to Know When You’ve Been Sued for Infringement

If your company has just been named in a patent infringement lawsuit, you may be facing an unfamiliar and high-stakes process. Patent litigation is unlike most commercial disputes—it involves complex legal standards, highly…more

Claim Construction, Damages, Defense Strategies, Discovery, Injunctions

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Loper Decision Impact on Patent Law

Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group…more

America Invents Act, Chevron Deference, Government Agencies, Imports, International Trade Commission (ITC)

See all updates »

Service-Level Agreements for Online or Cloud-Based Arrangements

Negotiating a service-level agreement sets clear expectations of each party's roles and responsibilities within online or cloud-based service arrangements. A service-level agreement (in particular, a "customer service-level…more

Cloud Computing, Contract Terms, Data Security, Risk Management, SaaS

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Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Offensive Security Under the EU Digital Operational Resilience Act (DORA)

The Digital Operational Resilience Act (DORA) regulation is part of the European Union’s (EU) strategy to enhance the overall stability of the EU financial system by ensuring that financial entities are resilient to digital…more

Banking Sector, Compliance, Cyber Threats, Cybersecurity, Data Security

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Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

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Venue Fatal in Crypto Fraud Case: An Important Legal Challenge Relating to Decentralized Platforms

On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue deficiencies…more

Acquittals, Appeals, Criminal Convictions, Cryptoassets, Decentralized Finance (DeFi)

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Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

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President Trump Signs Take It Down Act into Law

On May 19, 2025, President Trump signed into law the Take It Down Act. The new law imposes strict takedown obligations and creates new civil and criminal liabilities for individuals and platforms that distribute nonconsensual…more

Artificial Intelligence, Consent, Criminal Prosecution, Federal Trade Commission (FTC), New Legislation

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New Environmental Justice Regulations for New York Environmental Review

New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Environmental Review, Pollution Control

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[Webinar] Post Mid-Year Government Contracts Round-Up: Compliance – Highlights from the First Part of 2022 - August 16th, 2:00 pm - 3:00 pm ET

Thus far in 2022, the Biden administration has focused on a number of key areas as they relate to government contractors. Join attorneys from Venable's Government Contracts Group for a discussion of key developments in…more

Biden Administration, Compliance, Cybersecurity, Enforcement, Federal Contractors

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Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered…more

College Athletes, Colleges, Compensation, Economic Realities Test, Employee Definition

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Cut to the Chase: FTC Trims Staff but Keeps Enforcement Focus

On May 15, Federal Trade Commission (FTC) chairman Andrew Ferguson testified before the House Appropriations Committee in support of the FTC’s budget request. His testimony provides insight into the agency’s downsizing and its…more

Artificial Intelligence, Congressional Committees, Congressional Investigations & Hearings, Consumer Protection Laws, Enforcement Actions

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New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need for…more

Civil Rights Act, Department of Justice (DOJ), Disparate Impact, Employer Liability Issues, Employment Discrimination

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[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

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Bet the Company: Are Sports Gambling Class Actions the Next Tobacco?

In 2018, the Supreme Court struck down a decades-long federal ban on sports betting in Murphy v. Nat'l Collegiate Athletic Assoc. Prior to Murphy, anyone seeking to place a bet on a sporting event generally had to live in or…more

Advertising, Celebrity Endorsements, Class Action, Consumer Protection Laws, False Advertising

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An Independent School's Guide to Evaluating Federal Financial Assistance

Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of their…more

Americans with Disabilities Act (ADA), CARES Act, Department of Education, Discrimination, Federal Funding

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Event in Review: Trump 2.0: A Brave New World for Government Contractors

A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy…more

Contract Disputes, Contract Termination, Contract Terms, Diversity and Inclusion Standards (D&I), Enforcement Actions

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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Federal Circuit Issues Rare En Banc Decision on Patent Damages

In the first en banc decision for a utility patent case since 2018, the Federal Circuit reversed a district court's denial of a new trial on damages in EcoFactor, Inc. v. Google LLC and held that EcoFactor's damages expert's…more

Appeals, Contract Interpretation, Damages, Evidence, Expert Testimony

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SEC Must Return $93 Million Penalty, First Circuit Says

The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April…more

Causation, Corporate Counsel, Disgorgement, Failure To Disclose, Investment Adviser

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Event in Review: Healthcare Services Licensure and Change of Ownership Issues

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Complex Corporate Transactions, Corporate Practice of Medicine, Disclosure Requirements, Due Diligence

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Fifth Circuit Vacates Nasdaq's Board Diversity Rules: Key Implications for the 2025 Proxy Season

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit, in a 9-8 en banc decision, vacated the approval of Nasdaq's board diversity rules by the Securities and Exchange Commission (SEC). The court held that the…more

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

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Supreme Court's Chevron Decision and Its Implications for AI Regulation

On June 28, the Supreme Court issued a landmark decision on Chevron deference through its rulings on Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These decisions reversed the long-standing…more

Administrative Procedure Act, Artificial Intelligence, Chevron Deference, Chevron v NRDC, Compliance

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Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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DOJ Launches Civil Rights Fraud Initiative, Tying Anti-Semitism and DEI Policies to False Claims Act Liability

On May 19, 2025, the U.S. Department of Justice (DOJ) announced that it had formed a “Civil Rights Fraud Initiative,” co-led by DOJ’s Civil Fraud Section and Civil Rights Division…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Enforcement Actions, Executive Orders

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ISS and Glass Lewis Release Proxy Voting Policy Changes for 2025

Institutional Shareholder Services Inc. (“ISS”) recently released its updates to its Proxy Voting Guidelines. These updates will take effect for all annual meetings held after February 1, 2025…more

Annual Meeting, Artificial Intelligence, Board of Directors, Corporate Governance, Environmental Social & Governance (ESG)

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Bet the Company: Are Sports Gambling Class Actions the Next Tobacco?

In 2018, the Supreme Court struck down a decades-long federal ban on sports betting in Murphy v. Nat'l Collegiate Athletic Assoc. Prior to Murphy, anyone seeking to place a bet on a sporting event generally had to live in or…more

Advertising, Celebrity Endorsements, Class Action, Consumer Protection Laws, False Advertising

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

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Venable FDA Pulse: FDA at the 100-Day Mark of Trump Administration 2.0

Since returning to office for a second term, President Trump has taken steps to reshape federal agencies. Here, we discuss the significant changes that have occurred at the Food and Drug Administration (FDA or Agency) during the…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Government Agencies, Medical Devices, Prescription Drugs

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Retailer Todd Snyder Fined for CCPA Violations Related to Opt-Out Compliance, Vendor Management, and Data Collection

Another month brings another California Privacy Protection Agency (CPPA) enforcement action, the agency's second enforcement action under the California Consumer Privacy Act (CCPA)…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Data Collection, Enforcement Actions

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USPTO Increases Trademark Fees for 2025

Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement substantial increases to trademark fees, impacting application filings, post-registration maintenance filings, and Letters of…more

Fees, Filing Fees, Trademark Application, Trademark Registration, Trademarks

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SEC Must Return $93 Million Penalty, First Circuit Says

The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April…more

Causation, Corporate Counsel, Disgorgement, Failure To Disclose, Investment Adviser

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Expansive Accommodation Requirements under the Pregnant Workers Fairness Act Proposed Regulations

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming…more

Americans with Disabilities Act (ADA), Duty to Accommodate, Employer Responsibilities, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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[Ongoing Program] Life Sciences Series - Product Liability Risk Management Strategies in the Pre and Early Litigation Time Frame - October 19th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Corporate Communications, Crisis Management, Life Sciences, Product Recalls, Risk Management

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First Verdict Under Illinois Biometric Information Privacy Act a Sign of Things to Come

A jury in the matter of Rogers v. BNSF Railway Co, Case No. 1:19-CV-03083 (N.D. Ill.) recently rendered the first verdict under Illinois' Biometric Information Privacy Act (BIPA). This class action matter involved the collection…more

Biometric Information, Biometric Information Privacy Act, Class Action, Commercial Truck Drivers, Data Collection

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Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

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[Webinar] Post Mid-Year Government Contracts Round-Up: The Most Important Bid Protest Decisions of 2022 So Far - August 9th, 2:00 pm - 3:00 pm ET

The U.S. Government Accountability Office (GAO) and federal courts have addressed several important issues this year. Join attorneys from Venable's Government Contracts Group for an overview of the most important decisions in…more

Bid Protests, Bid Solicitation, Federal Contractors, GAO, Procurement Guidelines

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Fifth Circuit Places Partial Stay on CFPB Small Business Lending Rule Amid Leadership Change

The Fifth Circuit Court of Appeals heard arguments in early February challenging the validity of the Consumer Financial Protection Bureau's (CFPB Small Business Lending Rule. The rule is being challenged by various industry…more

Appeals, Compliance Dates, Consumer Financial Protection Bureau (CFPB), Credit Reports, ECOA

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The Current State of Captive Audience Meetings

Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months…more

Constitutional Challenges, Corporate Counsel, Federal Labor Laws, General Meetings, NLRA

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"Yes in God's Back Yard" Legislation Is the Next Tool to Battle the Housing Crisis

On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by Senator…more

Affordable Housing, CEQA, Churches, Colleges, Governor Newsom

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Amid Pushback, the FTC Issues Anticipated Report on Data Practices of Social Media and Video Streaming Services

On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report), the…more

Advertising, Artificial Intelligence, Data Collection, Data Processors, Data-Sharing

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the…more

Bid Protests, Biden Administration, China, Conflicts of Interest, Cybersecurity Maturity Model Certification (CMMC)

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Protect Your Nonprofit's Mission with Smart Trademark Strategies

Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's…more

Brand, Enforcement, Intellectual Property Protection, Logos, Nonprofits

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AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing…more

American Civil Liberties Union (ACLU), Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Automated Systems

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Good Faith Defense Precludes Final Pay and Wage Statement Penalties

The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages…more

Appeals, Defense Strategies, Employment Litigation, Good Faith, Hiring & Firing

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Amid Pushback, the FTC Issues Anticipated Report on Data Practices of Social Media and Video Streaming Services

On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report), the…more

Advertising, Artificial Intelligence, Data Collection, Data Processors, Data-Sharing

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Type F Reorganizations: General Overview and the Problem of Dissenting Shareholders

Choosing the type of entity to form and where to form it are two of the most common early legal decisions that founders make when they start their own businesses. Founders typically register their companies in the state where…more

Business Entities, Business Formation, Choice of Entity, Corporate Governance, Corporate Restructuring

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The Evolving Status of Settlement Bar Orders after Purdue

Following the U.S. Supreme Court’s ruling in Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P, et al., which disallowed non-consensual third-party releases in Chapter 11 plans of reorganizations, bankruptcy…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors, Harrington v Purdue Pharma L P

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Eight Phrases Employers Should Watch For During Election Season (And How to Handle Them)

As we head into the final weeks of the 2024 election campaigns, it's likely that American workplaces will be filled with employees discussing, arguing over, and participating in one of the country's hundreds of local, statewide,…more

Employee Rights, Employer Liability Issues, Employment Policies, Federal Elections, Labor Regulations

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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Forward-Looking Statements: Safe Harbors Compliance Guidelines

The securities law disclosure framework has evolved to encourage; companies acting in good faith to disseminate relevant projections pertaining to their businesses to the general public "without fear of open-ended liability."…more

Compliance, Corporate Governance, Corporate Issuers, Disclosure Requirements, EDGAR

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Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could…more

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

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ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

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

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States Encouraged by CFPB to Enforce Federal Consumer Financial Law

The Consumer Financial Protection Bureau ("the Bureau" or CFPB) released an Interpretive Rule - which is exempt from notice-and-comment requirements of the Administrative Procedure Act - that sets out its view on the power of…more

Administrative Procedure Act, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Authority, Interpretive Rule

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New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

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New Florida Law Restricts Foreign Support for Nonprofits and Charitable Sales Promotions and Establishes State-Maintained "Honest Services Registry"

Effective July 1, 2025, a recently enacted Florida law, Senate Bill 700, will broadly prohibit those involved with charitable solicitations or sales promotions from receiving or soliciting funds from individuals and entities…more

China, Foreign Entities, Foreign Investment, New Legislation, Nonprofits

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Whose Value Is It, Anyway?

On June 6, 2024, the U.S. Supreme Court issued a unanimous decision in Connelly v. United States affecting the valuation of closely held businesses for estate tax purposes. The Court explained that, for purposes of federal…more

Business Succession, Business Valuations, Closely Held Businesses, Connelly v United States, Estate Planning

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DAO or Dare: The Implications of Sarcuni v. bZx DAO for DAO Member Liability

The blockchain community has debated for years whether Decentralized Autonomous Organizations (DAOs) can or should be analogized to a corporate form and whether they operate to insulate DAO members from legal liabilities. Some…more

Blockchain, Data Breach, Data Security, Decentralized Autonomous Organization (DAO), General Partnerships

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Los Angeles Bans Political Contributions by Developers and Property Owners

A new law took effect in the city of Los Angeles on June 8 that prohibits developers, property owners, and their respective principals from making local political contributions while certain planning applications are pending…more

Building Permits, Commercial Property Owners, Construction Project, Ethics, Local Ordinance

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U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing parties.”…more

Appeals, Attorney's Fees, Constitutional Challenges, Due Process, Equal Protection

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Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Defendant Appeals to Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In December,…more

Appeals, Article III, Dismissals, Failure To State A Claim, Injury-in-Fact

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Protecting REITs under Maryland Law

Over the past decade, Maryland-incorporated real estate investment trusts ("REITs") have been under increasing pressure to eliminate or reduce defenses against unsolicited takeovers. Boards have been declassified, directors are…more

Appraisal, Board of Directors, Bylaws, Corporate Governance, Freeze-Out Mergers

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Supreme Court Clarifies Burden of Proof for FLSA Exemptions

On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA")…more

Burden of Proof, EMD Sales Inc v Carrera, Employment Litigation, Evidence, Exempt-Employees

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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[Webinar] Price Advertising in an Era of Increasing Complexity and Increasing Scrutiny: What Sellers Need to Know to Avoid Pricing Pitfalls - July 30th, 3:00 pm - 4:00 pm ET

Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing…more

Advertising, Data Collection, Data Use Policies, Marketing, Price Discrimination

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Bad Faith Litigation Exposed: Federal Circuit Affirms Deterrence Sanctions in PS Products v. Panther Trading

Wrongheaded patent litigation conduct has consequences. Following a recent decision from the Federal Circuit, PS Products Inc. (PSP) and its counsel will be paying over $50,000 in attorney fees and sanctions to Panther Trading…more

Appeals, Attorney's Fees, Bad Faith, Design Patent, Exceptional Case

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Venable FDA Pulse: FDA at the 100-Day Mark of Trump Administration 2.0

Since returning to office for a second term, President Trump has taken steps to reshape federal agencies. Here, we discuss the significant changes that have occurred at the Food and Drug Administration (FDA or Agency) during the…more

Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Government Agencies, Medical Devices, Prescription Drugs

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Copyright Office Issues Pro-Accessibility Final Rules for Initial Stages of Copyright Claims Board Proceedings

Following multiple extensions of the notice and comment period for the establishment of the Copyright Claims Board under the CASE Act, the Copyright Office has published its highly anticipated final rule for the initiation of…more

Administrative Review Board, Copyright, Copyright Office, Dispute Resolution, Notice and Comment

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Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims

It’s October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications for advertising law…more

Advertising, Disgorgement, Lanham Act, Medical Marijuana, RICO

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California Issues Changes to Regulations for Charitable Fundraising Platforms and Platform Charities, Delaying Implementation to 2024

On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of…more

Amended Regulation, Charitable Donations, Comment Period, Department of Justice (DOJ), Digital Platforms

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Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal and…more

Burden of Proof, Certiorari, Department of Labor (DOL), Employer Liability Issues, Exemptions

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FCC Planning New Rules to Streamline Satellites and Earth Station Applications

At the tail end of 2022, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to streamline the processing of satellite and Earth station applications under…more

Applications, Comment Period, FCC, NPRM, Satellites

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Zeigler v. NCAA: Four-Seasons Rule Again Under Antitrust Scrutiny

Former University of Tennessee point guard Zakai Zeigler is taking the NCAA to court over its “Four-Seasons Rule,” which restricts college student-athletes to four seasons of competition within a five-year period of time…more

Antitrust Provisions, Antitrust Violations, College Athletes, Compensation, Name and Likeness

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Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless of…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Employee Rights

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DOJ Criminal Division Launches New Corporate Whistleblower Award Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the Department of Justice (DOJ) would release a new whistleblower rewards program for civil and criminal forfeitures. On August 1, 2024, DOJ did just that—as the…more

CFTC, Civil Forfeiture, Compliance, Corporate Crimes, Corporate Misconduct

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CRD's New Pay Data Reporting Requirements

California law requires private employers of 100 or more employees or remote workers hired through labor contractors to annually report pay, demographic, and other workplace data to California's Civil Rights Department (CRD). On…more

Annual Reports, Compliance, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Fairfax County to Consider Zoning Changes Related to Future Data Center Development

Fairfax County is in the process of amending its Zoning Ordinance provisions pertaining to data centers in response to the increasing presence of such facilities within the region…more

Data Centers, Industrial Space, Local Ordinance, Noise Control Ordinances, Proposed Amendments

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PBGC Issues Final Rules Regarding Special Financial Assistance Program: What Contributing Employers Should Know

On July 6, the Pension Benefit Guaranty Corporation (PBGC) issued the Final Rules (Final Rules) implementing the Special Financial Assistance Program (SFA) enacted by Congress as part of the American Rescue Plan Act of 2021…more

American Rescue Plan Act of 2021, Employee Benefits, Interim Final Rules (IFR), Multiple Employer Plan (MEP), PBGC

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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The Treasury Department's Financial Crimes Enforcement Network Eviscerates the Corporate Transparency Act

On March 21, the Treasury Department's Financial Crimes Enforcement Network (FinCEN) issued its "Interim final rule; request for comments" that removes any requirement for U.S. companies or U.S. persons to submit beneficial…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Filing Deadlines, FinCEN

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Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major Victory for Publishers

The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital…more

Copyright, Corporate Counsel, Derivative Works, Digital Media, e-Books

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[Webinar] Insurance Coverage for PFAS Under Historical CGL, Modern Environmental and Other Insurance Policies - April 3rd, 1:00 pm - 2:00 pm ET

This program will address insurance coverage for the potential environmental impacts of PFAS, such as the costs of testing or remediation required by the government, as well as other potential non-environmental PFAS claims…more

Commercial General Liability Policies, Continuing Legal Education, Denial of Insurance Coverage, Environmental Liability, Environmental Litigation

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SEC Must Return $93 Million Penalty, First Circuit Says

The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April…more

Causation, Corporate Counsel, Disgorgement, Failure To Disclose, Investment Adviser

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Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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PHMSA Announces Beginning of Discussion on Hydrogen and Carbon Dioxide Pipeline Safety

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced that it will hold several days of informational meetings to address topics important to carbon dioxide and hydrogen pipeline developers and…more

Carbon Emissions, FERC, Hydropower, Oil & Gas, PHMSA

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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Spotlight On: Biosimilar Litigations - May 2025

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as…more

Biosimilars, Center for Drug Evaluation and Research (CDER), Intellectual Property Litigation, Non-Practicing Entities, Patent Infringement

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A Proposed New Regulatory Environment for Medicare Hospice Providers: Application of the 36-Month Rule, Increasing Enrollment Screening Processes, Informal Dispute Resolution, and Special Focus Designations

On July 10, 2023, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that would (i) include hospices in the 36-month rule ownership transfer restrictions that currently exist for home…more

Accreditation, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Dispute Resolution, Elder Abuse

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Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising…more

Advertising, Class Action, Disclosure Requirements, Endorsements, Enforcement Actions

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[Webinar] Price Advertising in an Era of Increasing Complexity and Increasing Scrutiny: What Sellers Need to Know to Avoid Pricing Pitfalls - July 30th, 3:00 pm - 4:00 pm ET

Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing…more

Advertising, Data Collection, Data Use Policies, Marketing, Price Discrimination

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Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

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FTC Set to Reshape HSR Premerger Notification Process

Merger control in the United States is on the cusp of significant change as the Federal Trade Commission, in collaboration with the Department of Justice, prepares to finalize a proposed rule—first announced in June—that will…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining…more

Advertising, Artificial Intelligence, Auto-Renewal, Best Practices, Beverage Manufacturers

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Periodic Review of Closed-End Fund Bylaws

In light of recent attention to closed-end fund governance in general and to bylaws in particular, we offer this brief reminder of the value of a periodic review of the bylaws of Maryland corporations and statutory trusts that…more

Best Practices, Bylaws, Closed-End Funds, Corporate Governance, Investment Companies

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Three Employment Law Changes Impacting New York Independent Schools

New York independent schools should be aware of several significant developments in state law impacting their employees. Schools should review and update their employee handbooks as necessary to address these changes to the law…more

Employee Handbooks, Employment Policies, Private Schools, State Labor Laws

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DOJ Settles Claims of Illegal Pre-Merger Coordination Against Crude Oil Companies with Record $5.6 Million Gun Jumping Penalty

On January 7, 2025, the U.S. Department of Justice (DOJ) filed suit against three Texas-based crude oil companies—XCL Resources Holdings, LLC (XCL), Verdun Oil Company II, LLC (Verdun), and EP Energy LLC (EP)—alleging unlawful…more

Acquisitions, Antitrust Violations, Civil Monetary Penalty, Contract Terms, Department of Justice (DOJ)

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Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employee Rights, Employer Responsibilities, Employment Litigation

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Think You Aren't a Colorado Employer? Colorado Thinks Otherwise

Employers with employees, including remote workers, who live or work in more than one state have likely already faced the challenge of determining what employment laws apply, the work they apply to, and when…more

Employer Liability Issues, Notice Requirements, Paid Time Off (PTO), Posting Requirements, Remote Working

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Building the Future of Sports: The World Cup, the Olympics, and Real Estate

Sports fans across the United States are about to experience an unprecedented lineup of world-class events. The FIFA World Cup will electrify stadiums across North America in 2026, followed by the Summer Olympics in Los Angeles…more

Construction Project, Infrastructure, Intellectual Property Protection, Olympics, Real Estate Development

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Are Your Nonprofit’s Remote Member Meetings Still Legal?

For obvious reasons, 2020 paved the way for nonprofit organizations to hold member meetings remotely, many for the first time. While some associations and other nonprofit organizations have chosen to stick with the flexibility…more

501(c)(3), Board Meetings, Charitable Organizations, Coronavirus/COVID-19, Emergency Management Plans

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Get Ready for New York's June 1 Registration Deadline for Certain Aerosols

By June 1, all entities that supply, manufacture, produce, or distribute aerosol products that contain fluorinated greenhouse gases with a GWP20 greater than 10 (regulated substances), for sale or use in New York, must register…more

Chemicals, Environmental Policies, Filing Deadlines, Government Agencies, Greenhouse Gas Emissions

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Out of the Doghouse? Jack Daniel's Marks Tarnished but Not Infringed by Bad Spaniels Toy

On January 23, 2025, the United States District Court for the District of Arizona issued a final decision ending the intensely disputed, decade-long litigation between Jack Daniel's Properties, Inc. and VIP Products LLC…more

Appeals, Dilution, First Amendment, Intellectual Property Litigation, Jack Daniels Properties Inc v VIP Products LLC

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Eight Questions Advertisers Should Be Asking About Tariffs

The Trump administration transformed global trade policies by implementing a series of sweeping tariffs. Advertisers should ask the following questions..…more

Advertising, Country of Origin, Customs and Border Protection, Imports, Product Labels

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New York's LLC Transparency Act: Privacy Still Prevails

On December 23, 2024, New York Governor Kathy Hochul signed the LLC Transparency Act (LLCTA) into law, but not without a considerable compromise relative to its original form..…more

Beneficial Owner, Corporate Transparency Act, Financial Regulatory Reform, FinCEN, Limited Liability Company (LLC)

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Event in Review: Trump 2.0: A Brave New World for Government Contractors

A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy…more

Contract Disputes, Contract Termination, Contract Terms, Diversity and Inclusion Standards (D&I), Enforcement Actions

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Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule…more

Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Final Rules, Health Care Providers, Information Sharing

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Businesses Affected by COVID-19 in 2020 or 2021 Can Still Claim Tax Credits

While many businesses have already taken advantage of the opportunities available to them under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and subsequent COVID‑19 relief legislation, there are still…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Relief Measures, Small Business

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Piloting a "Fast Track" at CFIUS: New Process for Foreign Investors Expected Soon

On May 8, 2025, the U.S. Department of the Treasury, which leads the interagency Committee on Foreign Investment in the United States (CFIUS), announced plans to establish a fast-track process for foreign investors, including a…more

CFIUS, Expedited Actions Process, Foreign Investment, National Security, Pilot Programs

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A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

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2025 Preview: New Year Brings New Chairman at the FMC and Notable Developments for Shippers, OTIs, Carriers, and Others to Monitor

This advisory alert is part of an ongoing series from Venable regarding noteworthy developments in trade laws expected in 2025…more

Class Action, Common Carriers, Enforcement Actions, Exports, Federal Maritime Commission

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Looming Deadline for Developers - File By December 2024 Or Lose Tax Incentives

There is a new tax incentive program in New York that in essence renews the now-expired 421-a program, but developers must file right away—by December 14, 2024—to gain these benefits…more

Application Fees, Applications, Construction Project, Deadlines, Filing Deadlines

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[Webinar] From Clear and Conspicuous to Unavoidable? The FTC’s Updated Endorsement and Testimonial Guides - August 2nd, 2:00 pm - 3:30 pm ET

Join us on August 2, 2023 for a webinar highlighting the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides) and a discussion of the Commission's new proposed trade…more

Advertising, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers, Likes

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Federal Circuit Issues Rare En Banc Decision on Patent Damages

In the first en banc decision for a utility patent case since 2018, the Federal Circuit reversed a district court's denial of a new trial on damages in EcoFactor, Inc. v. Google LLC and held that EcoFactor's damages expert's…more

Appeals, Contract Interpretation, Damages, Evidence, Expert Testimony

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SBA Final Rule Changes M&A Landscape for Multiple Award Contracts

Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to…more

Acquisitions, Competition, Competitive Bidding, Federal Acquisition Regulations (FAR), Final Rules

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Event in Review: Healthcare Services Licensure and Change of Ownership Issues

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Complex Corporate Transactions, Corporate Practice of Medicine, Disclosure Requirements, Due Diligence

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FTC Finalizes COPPA Rule Changes, New Rule Takes Effect in June

On January 16, 2025, the Federal Trade Commission (FTC or Commission) published a final rule on the FTC website updating the Children's Online Privacy Protection Act (COPPA) Rule (Final Rule). This Final Rule follows a January…more

Advertising, COPPA, Data Collection, Data Retention, Federal Trade Commission (FTC)

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New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need for…more

Civil Rights Act, Department of Justice (DOJ), Disparate Impact, Employer Liability Issues, Employment Discrimination

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New Environmental Justice Regulations for New York Environmental Review

New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Environmental Review, Pollution Control

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FDA to Study Presence of Metals in Tampons: What to Know

On September 10, the Food and Drug Administration (FDA) Biocompatibility and Toxicology Program published a statement announcing its intention to commission an independent literature review and internal bench laboratory study to…more

Class Action, Consumer Protection Laws, Final Rules, Food Manufacturers, Jurisdiction

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Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or…more

All Sums Rule, Bodily Injury, Damages, Duty to Defend, Insurance Claims

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Labor Law Changes Employers Can Expect Under the Second Trump Administration

As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and…more

Corporate Counsel, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Independent Contractors

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Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the…more

Bid Protests, Court of Federal Claims, Federal Contractors, GAO, General Solicitation

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Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on…more

Class Action, Consumer Litigation, Consumer Protection Laws, Environmental Social & Governance (ESG), False Advertising

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A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'…more

Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Corner Post Inc v Board of Governors of the Federal Reserve System

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FEC to Reconsider Regulation of Free Online Political Advocacy

Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as…more

Advertising, Federal Election Commission (FEC), Online Platforms, PACs, Political Advertising

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CFPB Proposes Revamping Mortgage Servicing Rules

The CFPB released its much-anticipated proposed update to the mortgage servicing rules last month that would make permanent many of the temporary servicing rules enacted in response to the COVID-19 pandemic…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Financial Services Industry, Loss Mitigation

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Online Fraud Aimed at Independent School Business Offices: Business Email Compromise

Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are unprepared…more

Cyber Threats, Email, Fraud, Phishing Scams, Private Schools

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Changes to Maryland General Corporation Law and Maryland REIT Law Effective October 1, 2024

During its 2024 session, the General Assembly of Maryland approved Senate Bill 400 and House Bill 749, amending several provisions of the Maryland General Corporation Law (the "MGCL") and the Maryland REIT Law (the "MRL"), which…more

Amended Legislation, Corporate Governance, General Corporation Law, Limited Liability Company (LLC), Limited Liability Partnerships

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Iamaleava v. Razorbacks: Are NIL Buyouts the Future of College Sports?

When a party to a contract fails to fulfill its contractual obligations, the non-breaching party often can seek damages or restitution. However, in the world of name, image, and likeness (NIL), it may not be so simple…more

Breach of Contract, Colleges, Contract Disputes, Contract Terms, Liquidated Damages

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FOIL Law Simplified

Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its state-based…more

Administrative Procedure, FOIA, Open Records, Public Access Laws, Public Entities

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Oops they did it again - SEC brings Crypto Anti Touting Action against another celebrity - this time Kim Kardashian

The SEC has rung the bell again on a celebrity touting a crypto token offering without adequate disclosure of a paid role. On October 3, 2022, the Securities and Exchange Commission released its order instituting cease and…more

Celebrities, Celebrity Endorsements, Cryptocurrency, Disgorgement, Enforcement Actions

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Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations

Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode…more

Advertising, Corporate Counsel, False Advertising, Investigations, Marketing

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[Ongoing Program] Life Sciences Series - Closing the Gender Gap - October 3rd, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

C-Suite Executives, Diversity, Employee Retention, Gender Equity, Leadership

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Ten Legislative and Policy Trends for Licensing Boards and Associations to Watch in 2022

In state capitals across the country, a new year signals the start of a new legislative session. And this opens the door to new rules affecting state regulatory and occupational licensing boards and the practitioners they…more

Antitrust Division, Antitrust Provisions, Biden Administration, Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I)

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Ten Focus Areas for Avoiding AI Hiring Discrimination

The Department of Labor (DOL) recently released an AI & Inclusive Hiring Framework, including ten focus areas employers should consider in order to remain compliant and avoid artificial intelligence (AI) hiring discrimination…more

Artificial Intelligence, Department of Labor (DOL), Employer Liability Issues, Employment Discrimination, Employment Policies

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Periodic Review of Closed-End Fund Bylaws

In light of recent attention to closed-end fund governance in general and to bylaws in particular, we offer this brief reminder of the value of a periodic review of the bylaws of Maryland corporations and statutory trusts that…more

Best Practices, Bylaws, Closed-End Funds, Corporate Governance, Investment Companies

See all updates »

Despite Chancery Court Decisions in Recent Years, Agreements Continue to Include Transfer Restrictions That May Not Be Enforceable

Despite recent decisions by the Delaware Court of Chancery, many key corporate documents continue to include restrictions on indirect transfers of equity that may not be enforced if challenged in court…more

Breach of Contract, Business Litigation, Contract Terms, Corporate Governance, Delaware Limited Liability Company Act

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Wage and Hour Law during Trump's Next Administration: Issues We're Watching

As the country prepares for a new presidential administration, employers and employees alike face questions about the future of wage and hour law. While there is potential for change in various wage and hour issues during the…more

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

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New U.S. Sanctions Target Russia's Industrial Base, Additional Financial Institutions, and Technology Suppliers

Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine…more

Australia, Biden Administration, Construction Industry, Defense Sector, Economic Sanctions

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EPA Rolls Out Changes to Biden-Era PFAS Rules. What May Be Around the Corner?

The U.S. Environmental Protection Agency (EPA) has announced major changes to two regulations concerning per- and polyfluoroalkyl substances (PFAS). The first is a revamp of Safe Drinking Water Act (SDWA) standards for certain…more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Proposed Rules

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Truth Remains an Absolute Defense Against Defamation Claims

​​​​​​​A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s…more

Affirmative Defenses, Defamation, First Amendment, Intentional Infliction of Emotional Distress, Libel

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DOJ Revises Its Evaluation of Corporate Compliance Policy to Consider How Companies Address Risks Posed by AI

The Department of Justice's Criminal Division is "using more tools than ever before to identify corporate misconduct and to encourage companies to be good corporate citizens," according to Nicole Argentieri, Principal Deputy…more

Artificial Intelligence, Chief Compliance Officers, Compliance, Compliance Monitoring, Corporate Misconduct

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Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a constitutional…more

Appeals, Constitutional Challenges, Criminal Procedure, Criminal Prosecution, Fourth Amendment

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DOJ Data Security Program Key Developments: A 90-Day "Good Faith" Extension, Compliance Guide, and Extensive FAQs

On April 11, the Department of Justice's National Security Division (NSD) published new guidance on recent measures to restrict the ability of adversarial foreign governments and other foreign entities of concern to access…more

Compliance Dates, Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Guidance

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The “Kiss” of Death for Spanish Football: Lessons Learned on Sport Safeguarding and Labor Relations from the Jenni Hermoso Trial

On August 20, 2023, the Spanish national football team won the FIFA Women’s World Cup for the first time in history. As star forward Jenni Hermoso received her medal in front of thousands of fans, Luis Rubiales, then president…more

Athletes, Code of Conduct, Employee Rights, Employer Liability Issues, Fédération Internationale de Football Association (FIFA)

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The Future of PAGA Claims in California

PAGA litigation has burdened California employers for almost two decades. Since PAGA's passage into law, the number of filed PAGA actions has continued to increase…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, Employment Litigation

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New ERC Cutoff in “One Big Beautiful Bill” Runs into Serious Parliamentary and Constitutional Headwinds

The House reconciliation measure branded the “One, Big, Beautiful Bill” (OBBB) would bar the IRS from paying any Employee Retention Credit (ERC) refund claims filed after January 31, 2024. Section 112205 of OBBB also imposes…more

Constitutional Challenges, Fifth Amendment, Internal Revenue Code (IRC), IRS, New Legislation

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Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria®(pegfilgrastim-apgf) / Fylnetra™ (pegfilgrastim-apgf) / Stimufend® (pegfilgrastim-fpgk) - May 2025

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple…more

Biosimilars, Generic Drugs, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Event in Review: Private Equity Investment in Healthcare

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Acquisitions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Corporate Practice of Medicine

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The Evolving Status of Settlement Bar Orders after Purdue

Following the U.S. Supreme Court’s ruling in Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P, et al., which disallowed non-consensual third-party releases in Chapter 11 plans of reorganizations, bankruptcy…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors, Harrington v Purdue Pharma L P

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Evidence of Increasing Scams Targeting Trademark Applicants - and What Can Be Done

In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients…more

Fraud, Intellectual Property Protection, Risk Management, Scams, Trademark Application

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Hello, This Is AI Calling. FCC Proposes New Rules for AI Robocalls

Robocalls may have always had some artificial flavor to them; however, the proliferation of the use of artificial intelligence (AI) continues to blur the line between human and machine interaction…more

Artificial Intelligence, Enforcement Actions, FCC, Federal Trade Commission (FTC), NPRM

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Patent Litigation Defense 101: What to Know When You’ve Been Sued for Infringement

If your company has just been named in a patent infringement lawsuit, you may be facing an unfamiliar and high-stakes process. Patent litigation is unlike most commercial disputes—it involves complex legal standards, highly…more

Claim Construction, Damages, Defense Strategies, Discovery, Injunctions

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Is Your Company's Overseas Bribery Prevention Program Still Necessary Under Trump's DOJ?

A recent executive order (EO) and Department of Justice (DOJ) policy statement issued in the first weeks of February signal a potentially dramatic shift in the DOJ's approach to enforcing the Foreign Corrupt Practices Act (FCPA)…more

Compliance, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Executive Orders

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Addressing Insider Threats to Intellectual Property

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Artificial Intelligence, Confidential Information, Employment Contract, Employment Policies, Insider Information

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New York AG Proposes New Price Gouging Rules

Earlier this month, New York Attorney General Letitia James issued a Notice of Proposed Rulemaking aimed at setting greater guardrails against price increases during emergencies. The action comes exactly one year after James…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Coronavirus/COVID-19, Goods or Services, Price Gouging

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Despite Chancery Court Decisions in Recent Years, Agreements Continue to Include Transfer Restrictions That May Not Be Enforceable

Despite recent decisions by the Delaware Court of Chancery, many key corporate documents continue to include restrictions on indirect transfers of equity that may not be enforced if challenged in court…more

Breach of Contract, Business Litigation, Contract Terms, Corporate Governance, Delaware Limited Liability Company Act

See all updates »

Political Giving: A Primer for High-Net-Worth Individuals and Family Offices

For many years, supporters of a candidate or a cause simply wrote a check and asked friends and colleagues to do the same. But the opportunities to influence elections and public policy have evolved significantly, allowing…more

501(c)(3), Compliance, Disclosure Requirements, Family Offices, Federal Election Commission (FEC)

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Venue Fatal in Crypto Fraud Case: An Important Legal Challenge Relating to Decentralized Platforms

On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue deficiencies…more

Acquittals, Appeals, Criminal Convictions, Cryptoassets, Decentralized Finance (DeFi)

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ChatGPT and the Rise of Generative Artificial Intelligence Spark Debate on Copyright Protections of AI-Generated Works

The recent explosion in popularity of generative artificial intelligence (AI), such as ChatGPT, has sparked a legal debate over whether the works created by this technology should be afforded copyright protections. Despite that…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Event in Review: IP and Brand Protection in the Metaverse

In a recent event hosted by Lexology, Venable partners Justin Pierce, Calvin Nelson, and Marci Ballard discussed how various entities are seeking to prepare for a future of immersive, interactive, and engaging metaverse…more

Copyright, Design Patent, Intellectual Property Protection, Metaverse, Patents

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ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes

In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, Machine Learning

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

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PFAS Risk Factor Disclosures - Is It Time for an Update?

With the annual report season underway, calendar year-end public companies are finalizing annual reports on Forms 10-K and 20-F. Risk factors are a key area requiring potential updates to these public filings. Generally, the…more

Annual Reports, Disclosure Requirements, Environmental Litigation, Environmental Protection Agency (EPA), Form 10-K

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[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

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Trump Administration Prepares to Levy Novel Tariffs

As anticipated from campaign promises, on Monday, January 20, President Donald Trump issued an executive order (EO) commencing the process to levy a host of new trade tariffs as part of his "America First Trade Policy." New…more

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

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FARA and the Upcoming NATO Summit in Washington, DC - A Potential Minefield for Lobbyists, Public Affairs Firms, and Nonprofits

This week, world leaders from 32 countries are descending on Washington, DC for the North Atlantic Treaty Organization’s (NATO) 75th anniversary summit. Whenever world leaders gather in one place, there will be many ad-on…more

Department of Justice (DOJ), Foreign Agents Registration Act (FARA), Lobbying Disclosure Act, Lobbyists, NATO

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Green Fast Track for Housing Rule to Streamline Residential Development in NYC

As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule on…more

Department of Environmental Quality, Environmental Review, Exemptions, Expedited Approval Process, Housing Developers

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SEC Staff Says Meme Coins Are Not Securities

When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke, primarily…more

Asset Tokens, Blockchain, Cryptoassets, Cryptocurrency, Digital Assets

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Senators Target Patent Continuations and "Patent Thickets," Especially for Pharmaceuticals

In a letter dated June 8, 2022 to Kathi Vidal, director of the USPTO, a group of senators led by Patrick Leahy voiced concern over filings of multiple continuation applications, which, according to the letter, result in the…more

NPRM, Patent Applications, Patents, Public Comment, USPTO

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New Jersey Overhauls Pay-to-Play and Other Campaign Finance Laws

New Jersey has overhauled its pay-to-play and campaign finance laws, dramatically changing the rules for government contractors, nonprofits, and individual donors. The passage of the Elections Transparency Act has been…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Nonprofits

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International Tax Reform Under the "One Big Beautiful Bill": What Global Businesses Need to Know

As the U.S. Senate is set to consider President Trump's domestic policy bill, non-U.S.-based multinational businesses and non-U.S. investors are preparing for wholesale changes to the U.S. international tax landscape, including…more

Base Erosion and Anti-Abuse Tax (BEAT), Controlled Foreign Corporations, Corporate Taxes, Foreign Derived Intangible Income (FDII), Foreign Investment

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Federal Circuit Interprets IPR Estoppel Under 35 U.S.C. § 315(e)(2) to Permit at Trial Invalidity Theories Based on Prior Use or Sale

On May 7, 2025, the Federal Circuit issued a decision in Ingenico, Inc. v. IOENGINE, LLC, effectively holding that 35 U.S.C. § 315(e)(2) estoppel cannot preclude an IPR petitioner from advancing in a district court trial an…more

Appeals, CAFC, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Invalidity

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Trump Administration Sharpens Focus on Title IX: Joint DOJ-ED Special Investigations Team to Tackle "Gender Ideology"

Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations…more

Department of Education, Department of Justice (DOJ), Enforcement Priorities, Executive Orders, Gender Identity

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An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"

Recent trends indicate that consumers and the U.S. government are paying more attention to where products are sourced from. The Biden administration, for example, has made efforts to raise federal procurement standards for…more

Biden Administration, Federal Contractors, Federal Trade Commission (FTC), Made in the USA, OMB

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The Libel-Proof Plaintiff

The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover…more

Damages, Defamation, Jurisdiction, Libel, Motion to Dismiss

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December 1 Deadline Nears for Adoption of Clawback Policies

Companies that are listed on the Nasdaq Stock Market or the New York Stock Exchange are required to adopt a clawback policy that provides for the recovery from any current or former executive officers of incentive-based…more

C-Suite Executives, Clawbacks, Compliance, Compliance Dates, Corporate Counsel

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Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike to…more

Advertising, Artificial Intelligence, Biden Administration, Executive Orders, False Advertising

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FEC to Reconsider Regulation of Free Online Political Advocacy

Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as…more

Advertising, Federal Election Commission (FEC), Online Platforms, PACs, Political Advertising

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Communicating in a Crisis: Tips for Protecting Communications When It Matters Most

As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third…more

Attorney-Client Privilege, Confidential Information, Crisis Management, Data Protection, Data Security

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Delaware Enacts Corporate Law Amendments Establishing Safe Harbor Protections for Conflicted Transactions and Clarifying Stockholder Inspection Rights

In late March 2025, the Delaware General Assembly enacted, and Governor Matt Meyer signed, bipartisan legislation making significant amendments to the Delaware General Corporation Law (DGCL)…more

Amended Legislation, Board of Directors, Books & Records, Conflicts of Interest, Controlling Stockholders

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Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

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SEC Adopts Amendments to Rule 10b5-1 and Related Disclosure Requirements

On December 14, 2022, the SEC adopted amendments to Rule 10b5-1 as well as related new disclosure requirements for companies. In addition, Forms 4 and 5 are amended to require the identification of transactions made pursuant to…more

10b5-1 Plans, Amended Rules, Disclosure Requirements, Publicly-Traded Companies, Required Forms

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Three Employment Law Changes Impacting New York Independent Schools

New York independent schools should be aware of several significant developments in state law impacting their employees. Schools should review and update their employee handbooks as necessary to address these changes to the law…more

Employee Handbooks, Employment Policies, Private Schools, State Labor Laws

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New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics

Last week, New York Attorney General Letitia James announced that online travel agency Fareportal Inc., which operates several travel-related websites and mobile platforms, including CheapOair.com and OneTravel.com, will pay…more

Assurance of Discontinuation (AOD), Enforcement Actions, False Advertising, Federal Trade Commission (FTC), Marketing

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Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such…more

Breach of Contract, Construction Contracts, Contract Drafting, Contract Terms, Counterclaims

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UK Signs Singapore Convention on International Mediation Settlement Agreements

In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International…more

Arbitration, Dispute Resolution, International Arbitration, International Litigation, Mediation

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Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could…more

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

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Looming Deadline for Developers - File By December 2024 Or Lose Tax Incentives

There is a new tax incentive program in New York that in essence renews the now-expired 421-a program, but developers must file right away—by December 14, 2024—to gain these benefits…more

Application Fees, Applications, Construction Project, Deadlines, Filing Deadlines

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U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

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Protect Your Nonprofit's Mission with Smart Trademark Strategies

Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's…more

Brand, Enforcement, Intellectual Property Protection, Logos, Nonprofits

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America First's First Trade Deal: White House Announces UK Deal "General Terms"

On May 8, the White House announced President Trump's first trade deal under his America First Policy. The deal struck between the United States and the United Kingdom will revise some of the tariffs imposed on the UK so far…more

Agricultural Sector, Automotive Industry, International Trade, Pharmaceutical Industry, Supply Chain

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New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

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Judge Rejects Fair Use Defense in Thompson Reuters' AI Copyright Suit Against Ross Intelligence

On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc., civ. no. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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“Don’t Let the Sun Go Down on Me” - Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025

The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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No Fun in the Sun: Maryland Employers Brace for New Heat Stress Standard Enforcement

As the weather warms, Maryland Occupational Safety and Health (MOSH) is set to enforce its new Heat Illness Prevention Standard (the Standard). Under the Standard, Maryland employers will likely need to provide 10-minute breaks…more

Employee Rights, Employer Responsibilities, Heat Exposure, Rest and Meal Break, State OSHA Laws

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CFPB Withdraws Guidance Documents: A Shift Toward Regulatory Restraint

The Consumer Financial Protection Bureau (CFPB) is taking a red pen to its own playbook.  In a sweeping move that signals a recalibration of its regulatory posture, the CFPB has announced the withdrawal of 67 guidance documents,…more

Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Fair Credit Reporting Act (FCRA)

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Defense-Friendly Anti-Kickback Statute and False Claims Act Marketing and Advertising Decisions

On April 14, 2025, the Seventh and Second Circuits each issued opinions narrowing the scope of advertising, marketing, and booking fee activities that run afoul of the federal Anti-Kickback Statute (AKS). See United States v…more

Advertising, Anti-Kickback Statute, Appeals, Department of Health and Human Services (HHS), Dismissals

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Post-Chevron Judicial Review of FERC Decisions

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Power Act, Government Agencies

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[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining…more

Advertising, Artificial Intelligence, Auto-Renewal, Best Practices, Beverage Manufacturers

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Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising…more

Advertising, Class Action, Disclosure Requirements, Endorsements, Enforcement Actions

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Out of the Doghouse? Jack Daniel's Marks Tarnished but Not Infringed by Bad Spaniels Toy

On January 23, 2025, the United States District Court for the District of Arizona issued a final decision ending the intensely disputed, decade-long litigation between Jack Daniel's Properties, Inc. and VIP Products LLC…more

Appeals, Dilution, First Amendment, Intellectual Property Litigation, Jack Daniels Properties Inc v VIP Products LLC

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal Contract…more

Bid Protests, Biden Administration, Certification Requirements, Controlled Unclassified Information (CUI), Court of Federal Claims

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The DEI Dilemma: Should Employers Cut Back on DEI Programs?

Shortly after taking office, President Trump issued an executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the EO), to eliminate the "illegal" diversity, equity, and inclusion (DEI) policies of…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Executive Orders

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ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

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

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To Be or Not to Be...Discoverable: Third-Party Litigation Funders

Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?…more

Attorney-Client Privilege, Business Litigation, California, Disclosure Requirements, Discovery

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Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on…more

Class Action, Consumer Litigation, Consumer Protection Laws, Environmental Social & Governance (ESG), False Advertising

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Supreme Court Overrules Chevron: Agency Deference in Flux

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Event in Review: Trump 2.0: A Brave New World for Government Contractors

A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy…more

Contract Disputes, Contract Termination, Contract Terms, Diversity and Inclusion Standards (D&I), Enforcement Actions

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EPA Rolls Out Changes to Biden-Era PFAS Rules. What May Be Around the Corner?

The U.S. Environmental Protection Agency (EPA) has announced major changes to two regulations concerning per- and polyfluoroalkyl substances (PFAS). The first is a revamp of Safe Drinking Water Act (SDWA) standards for certain…more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Proposed Rules

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New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need for…more

Civil Rights Act, Department of Justice (DOJ), Disparate Impact, Employer Liability Issues, Employment Discrimination

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Government Issues Nonenforcement Statement on Mental Health Parity Rules

The government recently stated that it will delay enforcement of the 2024 final rules on the Mental Health Parity and Addiction Equity Act (MHPAEA). (Our previous alert regarding the 2024 final rules can be found here.) This…more

Compliance, Employee Benefits, Employer Group Health Plans, Enforcement Actions, Final Rules

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FDA to Phase Out Eight Artificial Dyes by 2026

On April 22, 2025, the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration announced a series of new measures to quickly phase out all petroleum-based synthetic dyes from the nation’s food…more

Department of Health and Human Services (HHS), Dietary Supplements, Food and Drug Administration (FDA), Food Manufacturers, Food Safety

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Retailer Todd Snyder Fined for CCPA Violations Related to Opt-Out Compliance, Vendor Management, and Data Collection

Another month brings another California Privacy Protection Agency (CPPA) enforcement action, the agency's second enforcement action under the California Consumer Privacy Act (CCPA)…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent, Data Collection, Enforcement Actions

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

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CFPB Expands Oversight: Finalizes New Rule Targeting Big Players in Digital Payments

On November 21, the Consumer Financial Protection Bureau (CFPB) finalized a rule to supervise nonbank companies that offer digital wallets and payment apps. The rule allows the CFPB to supervise and examine nonbank companies in…more

Consumer Financial Protection Bureau (CFPB), Digital Wallets, Examination Priorities, Final Rules, Mobile Apps

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Event in Review: Major Fraud and Abuse Laws: Anti-Kickback and Self-Referral Prohibitions and False Claims

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS), Department of Homeland Security (DHS)

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The Fall 2023 Unified Agenda - Implications for 2024

On December 6, the Biden administration released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. A unified agenda is issued in the spring and fall each year; it outlines federal agencies' areas of focus…more

Affordable Care Act, Biden Administration, Children's Health Insurance Program (CHIP), Congressional Review Act, Final Rules

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USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

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Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of the…more

Artificial Intelligence, Coronavirus/COVID-19, Electronic Monitoring, Employee Monitoring, Employee Tracking

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Bet the Company: Are Sports Gambling Class Actions the Next Tobacco?