News & Analysis as of

Risk Management Safe Harbors

Phelps Dunbar

DOJ Expands Whistleblower Rewards to Include Immigration Violations

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Since May 12, when the U.S. Department of Justice (DOJ) announced policy changes to the Corporate Whistleblower Awards Pilot Program (CWAP), employers now face increased scrutiny and potential risks due to the DOJ’s recent...more

DLA Piper

Texas Adopts the Responsible AI Governance Act

DLA Piper on

On June 22, 2025, Governor Abbott signed HB 149, the “Texas Responsible Artificial Intelligence Governance Act” (the Act or TRAIGA), making Texas the third US state, after Colorado and Utah, to adopt a comprehensive...more

Harris Beach Murtha PLLC

Texas Passes Comprehensive AI Legislation

Texas has become one of the first U.S. states to enact comprehensive legislation governing artificial intelligence with the passage of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA)....more

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

Pillsbury Winthrop Shaw Pittman LLP

California SB 813 Proposes Landmark Safe Harbor for AI Development Through Certification

With SB 813, California introduces a first-in-the-nation framework that reduces regulatory uncertainty and encourages responsible AI innovation. In addition to fostering public-private cooperation over top-down mandates, the...more

DLA Piper

From the US to Brazil: Tackling Corruption Risks in M&A

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Corporate transactions, especially mergers and acquisitions (M&A), have become pivotal strategies for growth in an increasingly globalized economy. However, with this expansion comes the responsibility of navigating complex...more

Baker Donelson

First Circuit Requires But-For Causation for FCA Liability Based on AKS Violations

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Key Takeaways - The First Circuit ruled in United States v. Regeneron Pharmaceuticals, Inc., that the government must prove but-for causation to establish False Claims Act (FCA) liability based on violations of the...more

Akin Gump Strauss Hauer & Feld LLP

Major Changes Coming for Defense Contractors and Lobbying Firms Under New Federal Law

In one of his last major acts in office, former President Biden signed into law a massive defense spending bill that could have significant implications both for companies that contract with the Department of Defense (DoD)...more

Latham & Watkins LLP

FDA Finalizes Guidance on Communications of Scientific Information on Unapproved Uses

Latham & Watkins LLP on

The final guidance describes FDA’s enforcement discretion policy for sharing scientific information on unapproved uses of approved products and suggests a safe harbor for sharing off-label information consistent with the...more

Vinson & Elkins LLP

With Updated Corporate Compliance Guidance, DOJ Provides Companies with More Reasons to Focus on AI and Technology

Vinson & Elkins LLP on

On September 23, 2024, the U.S. Department of Justice (DOJ) released an updated version of its guidance to prosecutors on the Evaluation of Corporate Compliance Programs (“ECCP”)....more

Jones Day

DOJ Updates Corporate Compliance Program Guidance With a Focus on AI and Emerging Technologies

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The Situation: In September 2024, the U.S. Department of Justice ("DOJ" or "Department") announced updates to its Evaluation of Corporate Compliance Programs guidance covering three primary areas: (1) the risks of artificial...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

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On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more

McDermott Will & Schulte

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

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

Jenner & Block

[Ongoing Program] CLE Relay – Session 6 – Information Exchanges: Navigating Antitrust Risk Without Safe Harbors - June 25th, 10:00...

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In recent years, information exchange has become a priority for both government antitrust enforcers and private antitrust plaintiffs. Across industries, business practices such as benchmarking and algorithmic price setting...more

American Conference Institute (ACI)

[Event] 18th Annual Conference on Anti-Corruption - June 18th - 19th, London, United Kingdom

Hosted by the C5 Group, the 18th Annual Conference on Anti-Corruption London will bring together the brightest minds in anti-corruption and compliance to review the most pressing multi-jurisdictional enforcement updates...more

Quarles & Brady LLP

The SEC Issues Final Climate Disclosure Rules for Public Companies, but Legal Challenges are Pending

Quarles & Brady LLP on

On March 6, 2024, the Securities and Exchange Commission (SEC) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. The new rules have been significantly watered down from the SEC’s March 21, 2022...more

American Conference Institute (ACI)

[Event] The Brazil Summit on Anti-Corruption, Integrity & ESG - May 22nd - 23rd, São Paulo, Brazil

Hosted by American Conference Institute, the 14th Annual Summit on Anti-Corruption, Integrity & ESG returns to Brazil for another groundbreaking year to discuss the current high-stakes dilemmas impacting your organization....more

ASKramer Law

Weather & Climate Risk Management Part III: Regulation of Weather Risk Management Products

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Are there differences in the way in which derivatives and insurance contracts are regulated? Yes. Weather derivatives and insurance contracts are subject to totally different regulatory regimes. Derivatives are subject to the...more

Seward & Kissel LLP

SEC Adopts Climate-Related Disclosure Regulations

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On March 6, 2024, the Securities and Exchange Commission (SEC) adopted new rules that increase public company reporting requirements regarding climate change.  The new rules, which the SEC originally proposed in March 2022,...more

King & Spalding

SEC Adopts Final Climate Disclosure Rules

King & Spalding on

Proposed rules are moderately scaled-back in final version; Scope 1 and 2 are required if material; Scope 3 is out; compliance will still be burdensome - On March 6, 2024, by a split vote of 3-2, the U.S. Securities and...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

Bass, Berry & Sims PLC

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

Walkers

Cayman fund governance in times of market turbulence – 2023 update

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While standard governance principles continue to apply (and should be followed) throughout the lifetime of a fund, the board of directors must be prepared to adapt governance practices and, for example, revisit discussions...more

Davis Wright Tremaine LLP

New Iowa Legislation Creates Cybersecurity Safe Harbor

Iowa becomes the fourth U.S. state to provide an affirmative defense for companies that adopt a cybersecurity framework - Iowa is the fourth state—following Ohio, Connecticut, and Utah—to provide a statutory incentive for...more

Vedder Price

The Long Reach of Proposition 65

Vedder Price on

According to the Center for Accountability in Science, since 2010, businesses have spent over $182 million to settle Prop 65 lawsuits. What most companies do not realize is that 75% of settling businesses were headquartered...more

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