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Other U.S. Locations
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400+ Attorneys

Brexit: What You Need To Know - Insolvency / Restructuring

Some important areas of the UK insolvency law regime are impacted by the harmonisation and applicability of EU treaties, regulations, directives and court decisions: both directly (e.g., recognition of cross-border proceedings,…more

Corporate Counsel, EU, Insolvency, Member State, Referendums

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FDA Issues Updates as MoCRA ‎Deadlines Approach

As the December 29, 2023 deadline for certain aspects of the Modernization of Cosmetics Regulation Act (“MoCRA”) approaches, FDA has finalized its guidance document governing the registration of cosmetic manufacturing facilities…more

Cosmetics, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Product Labels

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The Effective Date of the New Issue Price Regulations is Near

On December 9, 2016, the United States Treasury Department published regulations (the “Issue Price Regulations”) setting forth new rules for the determination of the issue price of a tax-exempt bond issue. The Issue Price…more

Bond Issuers, Bonds, Offering Price, Private Placements, Tax-Exempt Bonds

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CCS in Focus: Texas on Deck for Class ‎VI Well Permitting Primacy

As interest and investment in carbon capture and sequestration (CCS) projects grows, spurred by the availability of tax credits and investor interest in the energy transition, the Environmental Protection Agency’s (EPA’s)…more

Carbon Capture and Sequestration, Carbon Emissions, Environmental Policies, Safe Drinking Water Act

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Texas Joins the State Privacy Law Landscape on July 1, 2024: The Texas Data Privacy and Security Act

Effective July 1, 2024, Texas will join California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Utah and Virginia, with a new, general consumer privacy statute the Texas Data Privacy…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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UK Enacts Sanctions Legislation for the ‎Protection of ‎Uyghur ‎Muslim Community in Xinjiang Province, ‎People’s ‎Republic of ‎China (“PRC”)‎

On 22 March 2021, UK foreign secretary, Dominic Raab, speaking in respect of the human rights situation in Xinjiang, PRC, stated that is was ‘the largest mass detention of an ethnic and religious group since the second world…more

China, Economic Sanctions, Forced Labor, Human Rights, Popular

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The Madrid Protocol - August 2022

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark…more

Intellectual Property Protection, International Trademark Protection, Madrid Protocol, Trademark Application, Trademark Registration

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Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent…more

Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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HUD Face-to-Face Meeting Requirement: Fourth Circuit Holds That a Bank Office That Conducts No Mortgage-related Business Does Not Qualify as a “Branch Office” of a “Mortgagee”

On April 20, 2020, the United States Court of Appeals for the Fourth Circuit became the first Circuit Court of Appeal in the United States to hold that a mortgage lender must have a “branch office” that conducts at least some…more

Coronavirus/COVID-19, Foreclosure, HUD, Mortgages

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Public Facility Corporation Compliance ‎Monitoring: Texas Department of Housing and ‎Community ‎Affairs Proposes Rules

Texas House Bill 2071 (the “Bill”), which took effect on June 18, 2023 to modify Chapter 303 of the Texas Local Government Code (the “Code”) with respect to the ownership of a multifamily residential development (a…more

Housing Developers, Proposed Rules, Public Comment, Real Estate Development, Texas

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M&A Broker Exemption Update‎

We are updating our March 6, 2023 QuickStudy that discussed the new statutory exemption under section 15(b)(13) of the Securities Exchange Act of 1934 from broker registration that allows unregistered M&A advisers to provide M&A…more

Broker-Dealer, EBITDA, Exemptions, Registration Requirement, Securities Exchange Act

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Insurance Considerations Arising From Spinoff Transactions

Since January 1, 2019 there have been approximately 20 spinoff transactions announced. And to date there have been a number of instances of litigation arising out of spinoffs, some of which have insurance-related issues in…more

Board of Directors, Breach of Duty, Fiduciary Duty, Parent Corporation, Spinoffs

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How Will the NAIC Regulate Third-Party Data and Modeling Vendors?‎

Over the weekend, the NAIC’s Third-Party Data and Models (H) Task Force released for a 30-day comment period (the comment period expires Monday May 6, 2024) a proposed work plan to develop a framework for the regulatory…more

Algorithms, Artificial Intelligence, Insurance Industry, NAIC

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Proliferating Pay Protection Laws Favoring Independent Contractors Create Perils for ‎Businesses

Companies using independent contractors have been worried that class action lawyers or a workforce agency will challenge their classification of workers as independent contractors. For the past dozen years, we have advised…more

Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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Illinois Legislature Considering Legislation Recognizing Legality of Smart Contracts

The Illinois state legislature is considering a bill which would put the state among the select few specifically granting legal recognition to blockchain “smart contracts” by placing smart contracts on an equal footing with…more

Blockchain, Digital Currency, Smart Contracts, State and Local Government, State Legislatures

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The DOL’s Final Investment Advice Fiduciary Rule Is Here

In its latest attempt in a fourteen-year old quest to update the circa-1975 definition of a fiduciary who renders “investment advice for a fee or other compensation, direct or indirect” (an “investment advice fiduciary”) under…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Final Rules

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Public Facility Corporation Compliance ‎Monitoring: Texas Department of Housing and ‎Community ‎Affairs Proposes Rules

Texas House Bill 2071 (the “Bill”), which took effect on June 18, 2023 to modify Chapter 303 of the Texas Local Government Code (the “Code”) with respect to the ownership of a multifamily residential development (a…more

Housing Developers, Proposed Rules, Public Comment, Real Estate Development, Texas

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Floating on Both Coasts: Gulf of Maine ‎and Oregon Proposed Sale Notices Are a Study in Contrasts

If the offshore wind industry is going to come close to meeting the Biden Administration’s goal of deploying 15 GW for floating wind by 2035, it’s going to require a lot of turbines spinning in the Gulf of Maine and off a…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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New York LLC Transparency Act

On December 21, 2024, amendments to the New York Limited Liability Company Law will take effect requiring domestic New York LLCs and foreign LLCs qualified to do business in New York to disclose information concerning their…more

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

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Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent…more

Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Mitigating Ransomware Liability

The recent malware attack on Hollywood Presbyterian Medical Center is an example of the latest trend in security concerns, called “ransomware.” Hollywood Presbyterian’s networks were infiltrated by malware that encrypted key…more

Bitcoin, Cyber Attacks, Hospitals, Malware, Ransomware

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CMS Issues Final Quota Share Reinsurance Rule

As we reported in our QuickStudy on February 13, 2020, CMS filed and made available for public inspection on February 5, 2020, a new proposed rule (the “Proposed Reinsurance Rule”) under the authority of Section 1855(b)(1) of…more

Centers for Medicare & Medicaid Services (CMS), Medicare Advantage, Medicare Advantage Organizations (MAOs), Proposed Rules, Reinsurance

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DOJ Weighs in on Transgender Employment Rights: Gender Dysphoria Can Be Covered by the ADA

On January 8, 2024, the United States Department of Justice filed a statement of interest, explaining that gender dysphoria can be a covered disability under the Americans with Disabilities Act (“ADA”). The DOJ’s statement…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Employee Rights, Employment Discrimination, Transgender

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FTC Takes Action Against Social ‎Media Posts for Failure to Disclose Material ‎Connections

On November 15, 2023, the FTC announced that it had issued fourteen Warning Letters ‎to the two trade associations, the American Beverage Association (AmeriBev) and the Canadian ‎Sugar Institute (“the Associations”), as well as…more

Disclosure Requirements, Endorsements, Failure To Disclose, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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FDA Issues Updates as MoCRA ‎Deadlines Approach

As the December 29, 2023 deadline for certain aspects of the Modernization of Cosmetics Regulation Act (“MoCRA”) approaches, FDA has finalized its guidance document governing the registration of cosmetic manufacturing facilities…more

Cosmetics, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Product Labels

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Once Again, the FTC Shows How Serious It Takes False Made in USA Claims With Its $3.7M Fine

Last Friday the FTC business blog reported the largest civil penalty received in a case involving the ‎FTC’s Made in USA labeling rule. In 2022, Williams-Sonoma, Inc., entered into an administrative ‎order with the Federal Trade…more

Advertising, Federal Trade Commission (FTC), Made in the USA, Manufacturers, Marketing

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New York City’s Proposed “City of Yes ‎for Carbon Neutrality” ‎Zoning Initiative Offers ‎Potential ‎Renewable Energy Boom to ‎Developers

New York City Mayor Eric Adams recently officially unveiled a wide-ranging zoning initiative ‎proposal that, if passed by the City Council this October, will not only provide broad-ranging ‎new economic opportunities for…more

Investment Tax Credits, Production Tax Credit, Renewable Energy, Solar Energy, Zoning Laws

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FUNDamentals: Is the Joint FinCEN and SEC Proposal for Investment Adviser Customer Identification Program DoA?

On May 13, 2024, the U.S. Securities and Exchange Commission’s Division of Investment Management (“SEC”) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint proposal…more

Bank Secrecy Act, Exempt Reporting Advisers (ERAs), FinCEN, Investment Adviser, Investment Advisers Act of 1940

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Connecticut Amends Its Captive Insurance Laws

On June 23, 2023, the Connecticut Insurance Department (the “Department”) issued a press release announcing Governor Ted Lamont signed Public Act No. 23-15, An Act Concerning Captive Insurance Companies, (the “Act”) into law…more

Captive Insurance Company, Connecticut, Department of Insurance, Insurance Industry

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The FTC Strikes Again – Challenging the Listing of 300+ Patents in FDA’s Orange Book

On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Orange Book, Patents, Pharmaceutical Industry

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New Medicaid/CHIP Managed Care Rule Reins in MLR Reporting

In late April, the Centers for Medicare & Medicaid Services (CMS) issued the final Managed Care Rule, which codifies revisions intended to “improve access to care, accountability and transparency for the approximately 80 million…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Medicaid

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Second Circuit Decides CFPB Funding ‎Structure Is Constitutional, Setting up Circuit Split for ‎Supreme ‎Court

On March 23, 2023 a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously ruled in Consumer Financial Protection Bureau v. Law Offices of Crystal Moroney, P.C. (“Moroney”) that the CFPB’s funding…more

Appropriation, Civil Investigation Demand, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Financial Services Industry

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New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided in…more

Coronavirus/COVID-19, Eviction, Foreclosure, Infectious Diseases, Landlords

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A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party…more

Article III, Corporate Counsel, Debt Collection, Debt Collectors, FDCPA

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FERC Proposes Rule to Discontinue Reactive Compensation to Generation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to discontinue compensation for the reactive service that electric generation provides “within the…more

Energy Sector, FERC, Proposed Rules, RTO

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87th Legislature Preparation Guide: Lobbying in Texas under the Cloud of COVID-19

The Texas Legislature is a unique citizen-led body that meets every odd numbered year, for 140 days. There are 31 members of the Senate, who serve four-year terms, and 150 members of the House of Representatives, who serve…more

Best Practices, Client Services, Coronavirus/COVID-19, Lobbying, Lobbyists

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More Relief for Shuttered Venue Operators

It takes no stretch of the imagination to understand how devastating the past year of pandemic shut downs and cancellations has been for performance and arts venues like theaters, concert halls and museums. Indeed, in most…more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), Public Venues, Relief Measures, SBA

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New Chinese Regulation Blocks Extraterritorial Application of Foreign Law

On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued its No. 1 Order of 2021 titled “The Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation and Measures” (hereinafter, the “Chinese…more

China, Foreign Corporations, MOFCOM, Subsidiaries

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Compliance Considerations for Medical ‎Travel Reimbursement

Employers may consider offering medical travel and lodging ‎reimbursement to enable employees who live in a state where abortion is no longer legal to ‎travel out of state for such services. There are a number of ways to design…more

Abortion, Employee Benefits, Pregnancy, Reimbursements, Reproductive Healthcare Issues

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Public Facility Corporation Compliance ‎Monitoring: Texas Department of Housing and ‎Community ‎Affairs Proposes Rules

Texas House Bill 2071 (the “Bill”), which took effect on June 18, 2023 to modify Chapter 303 of the Texas Local Government Code (the “Code”) with respect to the ownership of a multifamily residential development (a…more

Housing Developers, Proposed Rules, Public Comment, Real Estate Development, Texas

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TSA & Cybersecurity – More Than Just Putting Your Laptop Through the X-Ray Machine

When most people hear of the Transportation Safety Administration (“TSA”), they typically think of long lines at the airport, and certainly not cybersecurity. But cybersecurity is top of mind for the TSA these days. This was…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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Patenting AI Inventions

Introduction: Artificial Intelligence (AI) has emerged as a transformative force across many industries, revolutionizing the way we live, work, and interact. As AI technologies continue to evolve, the question of intellectual…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patent Applications

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Pulling the Trigger on Force Majeure: An Update from the Midstream Energy Perspective

Last month we provided a Locke Lord LLP QuickStudy outlining Texas law on force majeure in light of COVID-19 and the oil price war. While the price war may have reached a cease-fire, the pandemic and its effect on the global…more

Contract Terms, Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Oil & Gas

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The State of New York Courts During COVID-19, Revisited

As described in Locke Lord’s previous QuickStudies, New York’s state and federal courts quickly transformed their procedures and operations as a result of the onset of the COVID-19 pandemic. Now, as more residents across New…more

Coronavirus/COVID-19, Court Schedules, State Courts

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Compliance Tips on State Automatic Renewal Contract Laws

During the last several years, many states have adopted automatic renewal contract, or ARC, laws for the protection of consumers, driven in large part by new subscription-based contracts sold in digital distribution and…more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Contract Terms, Subscription Services

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Mexican Anti-Corruption Law Enters Into Effect

On July 19, 2017, Mexico’s new General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas) (“GLAR”) went into effect. The GLAR punishes bribery of government officials, as well as bribery by…more

Anti-Corruption, Bribery, Government Officials, Mexico

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SEC v Covington & Burlington: Client ‎Names Are Not Privileged

The U.S. District Court for the District of Columbia recently issued a decision in a hotly contested (and closely watched) dispute between the Securities and Exchange Commission (the “SEC”) and international law firm Covington &…more

Attorney-Client Privilege, Cyber Attacks, Cybersecurity, Securities and Exchange Commission (SEC), Securities Litigation

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Tighter SEC Cybersecurity Incident Disclosure ‎Requirements Go into Effect Today

The new SEC cybersecurity rules (Release No. 33-11216), codify and build on earlier SEC guidance on cybersecurity risks and incidents and require specific cybersecurity-related disclosures…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K, Popular

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Recent U.S. Tax Court Case Reverses Long Held IRS Position Regarding Taxation of Sales of Partnership Interests by Foreign Investors

Following the inauguration of the new administration in January 2017, many investors were anticipating the passage of a transformative tax reform bill at some point in 2017. Although legislative tax reform is seemingly stalled…more

Corporate Taxes, Foreign Corporations, Income Taxes, Investors, IRS

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Better User Experience or Trade Mark Infringement? The UK Supreme Court Gives Guidance on Website Targeting

The Supreme Court of the United Kingdom has recently upheld a decision of the English Court of Appeal concerning the criteria for when a website will be considered to be targeting consumers in the United Kingdom ("UK"). The…more

Intellectual Property Protection, Trademark Infringement, Trademark Litigation, Trademarks, UK

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Eviction Moratoria during Coronavirus Pandemic

California Governor Gavin Newson issued an executive order on March 16, 2020 authorizing California cities to ban local evictions for residential and commercial tenants for nonpayment of rent as a result of loss of income…more

Coronavirus/COVID-19, Eviction, Infectious Diseases, Moratorium

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Potential Impact of the Silicon Valley ‎Bank Insolvency on the Insurance Industry

Financial institutions, including Insurers, are considering the potential impact of the Silicon Valley Bank’s (“SVB’s”) insolvency. SVB and its parent holding company have provided funding and debt financing to InsurTech…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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How Much Claim Construction ‎Significance? – Extrinsic Evidence and Significant Figures

In almost every claim construction, the courts make their claim construction ruling largely based on the intrinsic evidence – the claims, specification and prosecution history. However, the Federal Circuit (CAFC) bucked this…more

Claim Construction, Evidence, Extrinsic Evidence, Intellectual Property Protection, Patent Infringement

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The Foreign Corrupt Practices Act: At a Glance

In this issue: - FCPA AT A GLANCE - THE ANTI-BRIBERY PROVISIONS OF THE FCPA - TO WHOM THE ANTI-BRIBERY PROVISIONS APPLY - THE PAYMENT ELEMENT - THE CORRUPT INTENT ELEMENT - WHO IS A…more

Anti-Bribery, Chief Compliance Officers, Compliance, Disclosure Requirements, Due Diligence

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IRS Releases Final Direct Pay Energy Tax Credit Regulations

On March 5, 2024, the Internal Revenue Service and the Treasury Department issued final Treasury Regulations (the “Final Regulations”) updating and finalizing previously published proposed Treasury Regulations relating to the…more

Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”). This…more

CEQ, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

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Internal Investigations: The Three C’s – Confidence. Credibility. Cost.

In this issue: - THE THREE C’S — CONFIDENCE, CREDIBILITY AND COST - WHO CONDUCTS THE INVESTIGATION? - SCOPE OF THE INVESTIGATION - MINDSET AT THE OUTSET OF AN INVESTIGATION - THE NEED FOR SPEED -…more

Attorney-Client Privilege, Audits, Corporate Culture, Data Privacy, Data Protection

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California’s Draft Proposed Regulations on Cybersecurity Audits

Although not yet the subject of the formal rulemaking process, the California Privacy Protection Agency (the “CPPA”) has released draft proposed regulations for cybersecurity audits required by Section 1798.185(a)(15)(A) of the…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Texas Requires Workplace Violence Prevention Plans for Healthcare Facilities

On September 1, 2023, Chapter 331 of the Texas Healthcare and Safety Code, the “Workplace Violence Prevention” (“WVP”) law went into effect, which requires healthcare facilities in Texas to adopt workplace violence prevention…more

Employer Liability Issues, Healthcare Facilities, Healthcare Workers, Workplace Safety, Workplace Violence

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Consent Has Never Been More ‎Important: Take-Aways From the FTC Settlement Relating to ‎‎Tracking Technologies

Litigation over tracking tools, such as cookies and pixels, has become commonplace over the past few years. In general, plaintiffs’ claims revolve around the collection and sharing of data through session replay and/or chatbot…more

Cookies, Data Collection, Data Security, Federal Trade Commission (FTC), Prior Express Consent

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United States District Court Accepts the “Valid When Made” Doctrine

In Robinson v. National Collegiate Student Loan Trust 2006-2, the U.S. District Court for the District of Massachusetts accepted the validity of the “valid when made” doctrine. The District Court’s acceptance is noteworthy in…more

Banking Sector, Interest Rates, OCC, Student Loans, Valid When Made Doctrine

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Reintroduction of the Restoring America’s Leadership in Innovation Act

On April 26, 2024, the U.S. House of Representatives reintroduced the Restoring America’s Leadership in Innovation Act (the “Act”), which was previously introduced in November of 2021. The Act seeks to uphold the goals of the…more

Intellectual Property Protection, Inventions, Inventors, Patent Trial and Appeal Board, Patents

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Challenging Recent Developments for Incident Response

The United States is on track to see a record number of data breaches in 2023 and state regulators are paying attention. The swift action required by victim companies includes containment and elimination of the threat, and quick…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Oil and Gas Company Lawyers: Navigating the ESG Landscape

INTRODUCTION - For many years, oil and gas companies, or O&Gs, and their lawyers have been living with the environmental, social, and governance, or ESG, movement and its ever-increasing demands on the industry. Initially,…more

Climate Change, Disclosure Requirements, Energy Sector, Environmental Social & Governance (ESG), Oil & Gas

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[Webinar] Issues and Recent Developments in Art Law, Part 1: Lending Issues - Wealth Management - February 21st, 11:00am CT

Please join Christie’s and the Locke Lord LLP Art Law Group for an informative discussion on current lending issues affecting art. Wednesday, February 21, 2018, 11:00 a.m. - 12:30 p.m. (Central. Program will promptly begin at…more

Art Auctions, Art Collections, Artistic Works, CEOs, CFOs

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The State of New York Courts During COVID-19, Revisited

As described in Locke Lord’s previous QuickStudies, New York’s state and federal courts quickly transformed their procedures and operations as a result of the onset of the COVID-19 pandemic. Now, as more residents across New…more

Coronavirus/COVID-19, Court Schedules, State Courts

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OFAC Russia Related Sanctions Update: ‎July 2022‎

On June 28, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued five new General Licenses (“GL”) (GL 39, GL 40, GL 41, GL 42, and GL 43), released a new determination prohibiting gold…more

Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls, Financial Institutions

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Recent Changes to California’s Anti Non-Competition Laws Take Effect

As we previously noted, California recently expanded its restrictions on non-competes under California Senate Bill No. 699 by rendering void and unenforceable all restrictive covenants that would be void under California law…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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Navigating the Maze of Medical Cannabis - Uncertainty and the Challenge of Obtaining Banking and Insurance Services for Marijuana-Related Businesses

The current and two immediate past presidents have smoked it. As one leading expert commented during a congressional hearing, perhaps “marijuana is a gateway drug to the White House?” Medical marijuana is now legal in nearly…more

Commercial Bankruptcy, Controlled Substances, DEA, Dispensaries, Financial Institutions

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What We Know and What is Ahead: COVID-19 Financial Assistance

As of the date of this QuickStudy, although it is anticipated that Congress will increase the federal funds allocated to the Paycheck Protection Program (the “PPP”) by the Coronavirus Preparedness and Response Supplemental…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), Relief Measures

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SEC Adopts Revised Stock Buyback Disclosure Requirements

On May 3, 2023, the SEC adopted final rules relating to corporate stock buybacks. The new rules have some significant differences from those the SEC proposed in December 2021. While the new rules do require significantly…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

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Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent…more

Damages, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

Can an Arbitrator Require Arbitration by Videoconference?

In response to the stay-at-home orders issued by various state and local authorities aimed at slowing the spread of COVID-19, all aspects of the economy have been experimenting with various online platforms as a way to keep…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Videoconference

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The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the…more

Acceleration, Borrowers, Default, Foreclosure, Mortgages

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Pulling the Trigger on Force Majeure: An Update from the Midstream Energy Perspective

Last month we provided a Locke Lord LLP QuickStudy outlining Texas law on force majeure in light of COVID-19 and the oil price war. While the price war may have reached a cease-fire, the pandemic and its effect on the global…more

Contract Terms, Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Oil & Gas

See all updates »

FERC Proposes Rule to Discontinue Reactive Compensation to Generation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to discontinue compensation for the reactive service that electric generation provides “within the…more

Energy Sector, FERC, Proposed Rules, RTO

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Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only…more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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Form 5330 E-Filing Requirement Headache

The Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes, must be filed electronically for taxable years ending on or after December 31, 2023. As described below, this may create issues…more

Electronic Filing, Excise Tax, Filing Requirements, Retirement Plan

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U.K. Information Commissioner Issues New Guidance on the Use of Biometrics in the ‎Workplace

On February 23, 2024, the Office of the Information Commissioner (“ICO”), the U.K.’s data privacy regulator, issued new guidance for employers about the use of biometrics in the workplace. Along with this new guidance, the ICO…more

Biometric Information, Corporate Counsel, Data Protection, Data Security, Information Commissioner's Office (ICO)

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Supreme Court Rules 8-1 That Government Must Pay Health Insurers Under ACA Risk Corridor Program

In a major win for health insurers, the U.S. Supreme Court ruled in an 8-1 decision that the federal government owes roughly $12.3 billion to health insurers who claimed losses under the risk corridor program of the Affordable…more

Affordable Care Act, Appropriations Bill, Court of Federal Claims, Damages, Government Payments

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LL Surplus Lines Series (Entry 35): Surplus Lines Working Group Exposes Changes to IID Plan of Operation for Alien Insurers

On October 19, 2022, the National Association of Insurance Commissioners (NAIC) Surplus Lines Working Group exposed proposed changes to the International Insurers Department (IID) Plan of Operation applicable to insurers…more

Insurance Industry, NAIC, Proposed Amendments, Surplus Lines Insurance

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Employers Beware: Impending SCOTUS Ruling Could Impact Title VII Discrimination ‎Standard

Is the transfer of an employee to a different position with the same base pay and benefits an adverse employment action under Title VII of the Civil Rights Act of 1964? The answer is a resounding probably…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Muldrow v City of St Louis

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New York City’s Proposed “City of Yes ‎for Carbon Neutrality” ‎Zoning Initiative Offers ‎Potential ‎Renewable Energy Boom to ‎Developers

New York City Mayor Eric Adams recently officially unveiled a wide-ranging zoning initiative ‎proposal that, if passed by the City Council this October, will not only provide broad-ranging ‎new economic opportunities for…more

Investment Tax Credits, Production Tax Credit, Renewable Energy, Solar Energy, Zoning Laws

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Delaware Now Permits Exculpation of Corporate Officers

The Delaware General Corporation Law (§ 102(b)(7)) has been amended, effective August 1, 2022, to permit exculpation of corporate officers, but in a more limited way than the exculpation of directors that has long been…more

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

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A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party…more

Article III, Corporate Counsel, Debt Collection, Debt Collectors, FDCPA

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Oil and Gas Company Lawyers: Navigating the ESG Landscape

INTRODUCTION - For many years, oil and gas companies, or O&Gs, and their lawyers have been living with the environmental, social, and governance, or ESG, movement and its ever-increasing demands on the industry. Initially,…more

Climate Change, Disclosure Requirements, Energy Sector, Environmental Social & Governance (ESG), Oil & Gas

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Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Illinois Department of Insurance Requires Independent Third Party Background Investigation Reports

The Illinois Department of Insurance recently issued a bulletin requiring all companies to obtain independent third party background investigation/verification reports from nationally recognized vendors. The reports must be…more

Background Checks, Department of Insurance, NAIC, Third-Party, Vendors

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2024 HSR Thresholds Announced by ‎‎FTC

The FTC has increased the HSR filing thresholds for transactions that will close on or after a date in the last week of February, to be determined. The new 2024 thresholds are as follows..…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Mergers

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Brokered Deposits: FDIC Adds an ‎Additional Business Relationship to the Primary Purpose ‎‎Exception

Effective January 10, 2022, the Federal Deposit Insurance Corporation (“FDIC”) issued a final rule ‎‎(the “Primary Purpose Rule”) that adds a specific business relationship that qualifies under the ‎Primary Purpose Exception…more

Depository Institutions, FDIC, Federal Deposit Insurance Act, Final Rules

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Unexpected Rescue: Observations on ‎the Silicon Valley Bank Closure and Ongoing Market Disruptions

Over the past several days, Locke Lord LLP has closely followed the closures of Silicon Valley Bank ‎in Santa Clara, California (“SVB”) and New York based Signature Bank, as well as the ensuing ‎volatility experienced by many…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Form 5330 E-Filing Requirement Headache

The Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes, must be filed electronically for taxable years ending on or after December 31, 2023. As described below, this may create issues…more

Electronic Filing, Excise Tax, Filing Requirements, Retirement Plan

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The Madrid Protocol - January 2024

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark…more

Intellectual Property Protection, International Trademark Protection, Madrid Protocol, Trademark Application, Trademark Registration

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The Texas Regulatory Consistency Act: ‎Overdue Relief From Excessive Regulation or an ‎Affront to Local ‎Control?

Passing broad-based legislation that would preempt or make unlawful local government regulations has long been a goal of Texas Governor Greg Abbott’s administration. H.B. 2127, the Texas Regulatory Consistency Act, seeks to do…more

Employer Liability Issues, Governor Abbott, New Legislation, Preemption, Texas

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IRS Issues Carried Interest Guidance

On July 31, 2020, the Internal Revenue Service and the U.S. Treasury Department issued Proposed Treasury Regulations (the “Proposed Regs”) providing guidance under the “carried interest” rules of Section 1061 of the Internal…more

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

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TransUnion v. Ramirez: Supreme Court Further Separates Concrete Harm Inquiry from Statutory Violations

In its 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the U.S. Supreme Court held that alleging a “bare procedural violation [of a statute], divorced from any concrete harm” was insufficient to satisfy the…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided in…more

Coronavirus/COVID-19, Eviction, Foreclosure, Infectious Diseases, Landlords

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Who Can Possibly Keep up ‎With All the ‎New Employment ‎Laws in New York?

Back in May 2022, we wrote about a surge of new employment laws and amendments to existing employment statutes in New York State and New York City. Since then, New York State and New York City have continued to enact a wave of…more

Corporate Counsel, Disclosure Requirements, Employer Liability Issues, New York, Pay Transparency

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SEC Adopts Revised Stock Buyback Disclosure Requirements

On May 3, 2023, the SEC adopted final rules relating to corporate stock buybacks. The new rules have some significant differences from those the SEC proposed in December 2021. While the new rules do require significantly…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

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Texas Supreme Court Clarifies How ‎Equitable Subrogation Operates for Texas Home ‎Loans

On May 12, 2023, the Supreme Court of Texas held, in a unanimous decision, that a claim to foreclose on a subrogated real property lien accrues when the refinance loan is accelerated, not when the prior loan (the payoff of which…more

Equitable Subrogation, Foreclosure, Liens, Mortgage Lenders, Mortgages

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FUNDamentals: Is the Joint FinCEN and SEC Proposal for Investment Adviser Customer Identification Program DoA?

On May 13, 2024, the U.S. Securities and Exchange Commission’s Division of Investment Management (“SEC”) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint proposal…more

Bank Secrecy Act, Exempt Reporting Advisers (ERAs), FinCEN, Investment Adviser, Investment Advisers Act of 1940

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Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett, Sackett v EPA

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The ILS Market and its Future in the wake of the 2017 Hurricane Havoc

Not since Katrina in 2005 have the mainland United States and U.S. Territory islands been witness to a Category 5 storm that resulted in widespread and costly devastation. Now, first Harvey, then Irma and Maria. What does this…more

Hurricane Harvey, Hurricane Irma, Insurance Industry, Natural Disasters, Severe Weather

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Legalized Marijuana in Rhode Island ‎Presents New Challenges ‎for Employers

On Tuesday, May 24, the Rhode Island General Assembly passed legislation legalizing the ‎recreational use of marijuana. The bill will become law upon the signature of Governor Dan McKee, ‎which is expected. Recreational cannabis…more

Corporate Counsel, Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana

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Brexit: CHECKLIST

Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and…more

Cross-Border, Data Protection, EU, European Economic Area (EEA), European Union Trade Mark (EUTM)

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Illinois Adopts Substantial Workers' Compensation Reform to Address COVID-19

Through a virtually unanimous vote in the General Assembly, Illinois adopted substantial changes in its Workers’ Compensation and Occupational Diseases statutes to address the COVID-19 pandemic. Recognizing that many workers…more

Coronavirus/COVID-19, General Assembly, State Labor Laws, Workers Compensation Reform

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Know the Rules! FDA’s New Regulations Change Responsibilities For ANDA Filers

On October 6, 2016, nearly thirteen years after passage of the Medicare Modernization Act (MMA), FDA published a final rule in the Federal Register implementing amendments and revisions to title 21 of the Code of Federal…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Hatch-Waxman, Pharmaceutical Industry, Pharmaceutical Patents

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DOJ Updates Guidance for Evaluation of Corporate Compliance Programs

On Monday, June 2, 2020, the DOJ’s Criminal Division announced updates to its guidance for Evaluation of Corporate Compliance Programs (the “Guidance”). The Guidance is a tool for federal prosecutors to evaluate the…more

Cooperative Compliance Regime, Corporate Misconduct, Department of Justice (DOJ), Guidance Update

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In Innocent Spouse Tax Cases, How You Tell Your Story Matters

Married people who file their taxes jointly typically choose this option because of its tax advantages. But when a spouse commits a misdeed, you’re still jointly and severally responsible for the payment of taxes. Originally…more

Divorce, Innocent Spouse Exception, IRS, Tax Court, Tax Liability

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Reintroduction of the Restoring America’s Leadership in Innovation Act

On April 26, 2024, the U.S. House of Representatives reintroduced the Restoring America’s Leadership in Innovation Act (the “Act”), which was previously introduced in November of 2021. The Act seeks to uphold the goals of the…more

Intellectual Property Protection, Inventions, Inventors, Patent Trial and Appeal Board, Patents

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Texas Department of Insurance Adopts New Group Capital Calculation Rule

The Texas Department of Insurance (“TDI”) adopted a new group capital calculation filing requirement that is effective on November 7, 2022. The new rule, found in 28 Texas Administrative Code §7.215 (“Section 7.215”), is…more

Department of Insurance, Filing Requirements, Insurance Industry, NAIC

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New Trend Becomes Reality in ‎Massachusetts

In a previous QuickStudy, we reported that the Massachusetts House of Representatives had passed legislation, commonly known as the Crown Act. We noted that it remained to be seen whether the Senate would follow suit…more

Employer Liability Issues, Employment Policies, Hairstyle Discrimination, State Labor Laws

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Supreme Court Reinvigorates Forum ‎Shopping in Mallory v. Norfolk Southern Railway Co.‎

On June 27, 2023, the Supreme Court in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023) substantially broadened (at least temporarily) the bases for general personal jurisdiction over out-of-state corporations in…more

Constitutional Challenges, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction, SCOTUS

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FERC Proposes Rule to Discontinue Reactive Compensation to Generation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to discontinue compensation for the reactive service that electric generation provides “within the…more

Energy Sector, FERC, Proposed Rules, RTO

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More Relief for Shuttered Venue Operators

It takes no stretch of the imagination to understand how devastating the past year of pandemic shut downs and cancellations has been for performance and arts venues like theaters, concert halls and museums. Indeed, in most…more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), Public Venues, Relief Measures, SBA

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Regis - Landlords Lose the Fight to Force CVA Nominees to Return Their Fees

In a judgment handed down earlier today in Regis UK Limited, Mr Justice Zacaroli ruled against landlords seeking repayment of fees against the nominees of a CVA for hair salon and beauty business operator, Regis UK…more

Creditors, Insolvency, Landlords, UK Insolvency Act

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New Restrictions on Storage of ‎Electronic Healthcare Records ‎in Florida

On May 8, 2023, the Florida Legislature enacted Senate Bill 264 (“SB 264”), which creates new restrictions on licensed Florida health care providers regarding the storage of patient records. The bill became law as of July 1,…more

Data Security, Data Storage, Electronic Medical Records, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Practical Considerations for Commercial Litigation during the COVID-19 Era

As the COVID-19 pandemic continues to keep most of the country in an unprecedented state of shutdown, including most of the nation’s court systems, this Quick Study analyzes practical issues businesses should consider for…more

Coronavirus/COVID-19, Court Closures, Court Schedules, Infectious Diseases

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DOL Expected to Raise the Salary Basis Threshold

The United States Department of Labor (“DOL”) is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act (“FLSA”). The new proposal is likely to be issued in the near future…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time, Wage and Hour

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Less Is More When It Comes to Employee Monitoring

With the increase in remote work, employers’ concerns over the security of proprietary company information and employee productivity have increased their reliance on technologies to manage and monitor employees…more

Employee Monitoring, Employee Privacy Rights, Employee Rights, Employee Tracking, Employer Liability Issues

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[Webinar] Distressed Energy Assets: Market Update and Key Considerations For Acquirers - April 23rd, 12:00 pm - 1:00 pm CT

- Current Climate: Discussion of the current restructuring environment.? - Tactical Considerations: The pros and cons of purchasing through bankruptcy and the differences between jurisdictions.? - Process Questions:…more

Acquisitions, Continuing Legal Education, Debt Restructuring, Distressed Assets, Economic Downturn

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President Biden Issues Sweeping ‎Executive Order Directed at Promoting Competition ‎in the ‎American Economy

On July 9, 2021, President Joe Biden signed an expansive Executive Order directed at increasing competition in the U.S. economy. The Executive Order contains 72 initiatives pertaining to more than a dozen federal agencies,…more

Biden Administration, Competition, Department of Justice (DOJ), Executive Orders, FCC

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TDHCA Appoints New Executive Director & Announces $79.5 Million in Tax Credit Allocations

Bobby Wilkinson was named the Executive Director of The Texas Department of Housing and Community Affairs (TDHCA), effective August 15th…more

Affordable Housing, State and Local Government, Tax Credits

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New Medicaid/CHIP Managed Care Rule Reins in MLR Reporting

In late April, the Centers for Medicare & Medicaid Services (CMS) issued the final Managed Care Rule, which codifies revisions intended to “improve access to care, accountability and transparency for the approximately 80 million…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Medicaid

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Texas Supreme Court Holds Financial ‎Institutions May Be Served Only Through Their Registered ‎‎Agent

In an attempt to invalidate mortgage liens without affording lienholders due process, borrowers (and purchasers of real estate subject to a mortgage lien) sometimes pursue quiet title actions premised upon suspect attempts to…more

Banking Sector, Financial Institutions, Liens, Mortgages

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The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending…more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Texas Adopts Business Courts

Texas adopted legislation to create a business court. The bill fashioned the business court’s jurisdiction to disputes between businesses, and among businesses and their owners, directors and management. The statute focuses on…more

Business Court, Complex Litigation, Jurisdiction, New Legislation, Texas

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New Economic Crime Act 2022 ‎Introduced in England and ‎Wales – What Does It Mean for Me?‎

1. What is the new legislation? The Economic Crime (Transparency and Enforcement) Act 2022 (“the Act”) introduced a new Register of Overseas Entities (“the Register”) at Companies House for overseas entities which own…more

Beneficial Owner, Foreign Entities, Real Estate Transactions, UK

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Locke Lord QuickStudy: Texas Supreme Court Authorizes Attorney Fees’ Awards in Home Equity Cases

On Friday, February 6, 2015, the Texas Supreme Court issued its decision in Case No. 13-0236, Wells Fargo Bank, N.A. v. Murphy, and held that the Texas Constitution’s prohibition against non-recourse home equity loans, see TEX…more

Appeals, Attorney's Fees, Banks, Borrowers, Declaratory Judgment Act

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Updating Security Exhibits for Remote Personnel

When the pandemic hit, companies across the country and beyond scrambled their workforces to work from home. No doubt, the IT and cyber security teams for companies were overwhelmed, some more than others, to address the new…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personally Identifiable Information

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FCC Cracks Down on AI-Generated ‎Telephone Calls Under TCPA

The FCC issued a quick and unanimous Declaratory Ruling confirming that telephone calls (a) featuring artificial intelligence-generated messages simulating or cloning a human voice or (b) generating call content using a…more

Artificial Intelligence, FCC, Robocalling, TCPA, Telecommunications

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Traders Must Provide Information to Consumers About Alternative Dispute Resolution

As the Department for Business Innovation & Skills succinctly puts it: - Alternative dispute resolution (ADR) refers to ways of resolving disputes between consumers and traders that don’t involve going to court. The…more

Dispute Resolution, EU, Online Dispute Resolution (ODR), UK

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A no-deal Brexit – Are you prepared?

Recent developments in Parliament suggest that the possibility of a no-deal Brexit is a real one. The UK Government has been introducing legislation and temporary regimes on a unilateral basis to mitigate against the effects of…more

EU, European Economic Area (EEA), No-Deal Brexit, UK, UK Brexit

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Discharge of Contractual Obligations by Prospective Frustration: When is a Frustrating Event Triggered by COVID-19?

The effects of a global pandemic, and governmental restrictions imposed as a result of it, may clearly give grounds for contracting parties to claim discharge of their agreements relying on the doctrine of frustration (even in…more

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

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[Webinar] 28th Annual Employee Benefits Seminar - September 21st, 8:20am Central / 9:20am Eastern

Program Highlights Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 28th annual employee benefits seminar via webinar.  Our attorneys will provide an overview of current developments related…more

501(c)(3), Acquisitions, Benefit Plan Sponsors, CEOs, CFOs

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What the Regulated Community Needs ‎to Know About EPA’s Proposed ‎Designation of PFOA and PFOS ‎as CERCLA Hazardous Substances

On August 26, 2022, the US Environmental Protection Agency (EPA) released a pre-publication version of a highly-anticipated proposal to add two of the most widely-used per- and polyfluoroalkyl substances (PFAS) to the list of…more

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

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Recent Opinion Reinforces Difficulty—and Importance—of Ensuring Correct Deadlines Are Followed in Administrative Proceedings

A recent opinion from the Third Court of Appeals in Austin highlights the importance of double-checking deadlines to ensure all administrative remedies are exhausted before filing a lawsuit for judicial review of a state agency…more

Administrative Remedies, Judicial Review, Petition For Rehearing, Public Utilities Commission

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UPDATE On The Families First Coronavirus Response Act (FFCRA) Leave Protections Following Enactment of Consolidated Appropriations Act, 2021

Updated December 28, 2020 UPDATE:  On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 [Including Coronavirus Stimulus & Relief].  On December 27, 2020, President Trump signed this legislation into…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Latest Energy Communities Guidance Buoys Offshore Wind, but Navigation Hazards ‎Remain

On March 22, 2024, the IRS issued additional guidance (Notice 2024-30) on the energy communities provision of the Inflation Reduction Act. This latest guidance is narrowly focused on two topics: (1) expanding the “hook” by which…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), IRS, Offshore Wind

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The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending…more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable…more

Borrowers, Collateral, Creditors, EBITDA, Popular

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Disappearing Discounts?: IRC 2704 Proposed Regulations Threaten Valuation Discounts for Transfers of Interests in Family-Controlled Entities

Purpose of Section 2704 - Internal Revenue Code Section 2704 was originally passed to restrict certain types of valuation discounts on transfers of ownership interests in family-owned businesses among family members. While…more

Estate Planning, Family Businesses, Internal Revenue Code (IRC), IRC Section 2704, Valuation

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Texas Supreme Court Clarifies How ‎Equitable Subrogation Operates for Texas Home ‎Loans

On May 12, 2023, the Supreme Court of Texas held, in a unanimous decision, that a claim to foreclose on a subrogated real property lien accrues when the refinance loan is accelerated, not when the prior loan (the payoff of which…more

Equitable Subrogation, Foreclosure, Liens, Mortgage Lenders, Mortgages

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Delaware Decision Limits Coverage of D&O Insurance Policies

In a case with implications for director and officer protections, and of particular relevance to principals of private equity firms, the Delaware Superior Court recently denied two former directors coverage under a D&O insurance…more

Corporate Counsel, D&O Insurance, Insurance Industry, Insurance Litigation, Private Equity Firms

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FCA’s Proposals for Reform of UK Listing ‎Regime

On 3 May 2023 the Financial Conduct Authority (FCA) published its consultation paper (CP23/10) setting out a blueprint for significant reforms of the UK listing regime for issuers of shares. The policy proposals are intended to…more

Financial Conduct Authority (FCA), Financial Services Industry, Investors, Shareholders, UK

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Help for State and Local Governments: Federal Reserve Issues Additional Guidance on Municipal Liquidity Facility

On Monday, April 27th, the Federal Reserve announced additional guidance regarding its Municipal Liquidity Facility (the “Facility”), which was first announced on April 9th and was established to buy short-term debt in municipal…more

Coronavirus/COVID-19, Federal Reserve, Municipal Liquidity Facility (MLF), NRSRO

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Mexican Anti-Corruption Law Enters Into Effect

On July 19, 2017, Mexico’s new General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas) (“GLAR”) went into effect. The GLAR punishes bribery of government officials, as well as bribery by…more

Anti-Corruption, Bribery, Government Officials, Mexico

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2024 HSR Thresholds Announced by ‎‎FTC

The FTC has increased the HSR filing thresholds for transactions that will close on or after a date in the last week of February, to be determined. The new 2024 thresholds are as follows..…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Mergers

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Modifications to OIG’s Health Care ‎Fraud Self-Disclosure Protocol Provides Additional ‎Benefits for ‎Reporting

“Houston, we have a problem:” words no in-house counsel ever wants to hear, especially regarding potential compliance issues with federal fraud prevention statutes and regulations. Fortunately, the Office of the Inspector…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Corporate Integrity Agreement, Department of Health and Human Services (HHS), Health Care Providers

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Drones 2022 – To Infinity and Beyond, or Back to the Drawing Board?

For the better part of a decade, the buzz within the Unmanned Aircraft Systems (“UAS”) industry has centered on when the Federal Aviation Administration (“FAA”) would put in place a regulatory environment that would allow for…more

Beyond Visual Line Of Sight (BVLOS), Data Privacy, Drones, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”). This…more

CEQ, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

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Public Companies Should Pay Attention to the Corporate Transparency Act

Public Companies are Exempt, But . . . Public companies have an exemption from the filing requirements under the new Corporate Transparency Act (CTA) reporting rules. The public company exemption applies to companies that…more

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

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Update to Standing up to the Plaintiffs: Courts Scrutinize Pretextual Challenges to Offshore Wind

UPDATE: A recent lawsuit against Dominion Energy’s approved Coastal Virginia Offshore Wind (CVOW) project off the coast of Virginia underscores our prediction in our March 8 QuickStudy that plaintiffs will craft their…more

BOEM, Energy Projects, Energy Sector, NEPA, Offshore Wind

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Locke Lord QuickStudy: Collaborators Beware - OCC Encourages Community Banks to Collaborate

On January 13, 2015, the Office of the Comptroller of the Currency (OCC) released a paper strongly encouraging community banks to consider ways in which they can collaborate to reduce costs, promote expertise, and enhance…more

Antitrust Provisions, Collaboration, Community Banks, Federal Trade Commission (FTC), OCC

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Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter Compliance Requirements for Temporary Agencies and Employers

Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and…more

Employer Liability Issues, Staffing Agencies, State Labor Departments, State Labor Laws, Temporary Employees

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Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business…more

Borrowers, CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Lenders

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Dobbs and the Future of Health Plan ‎Abortion Coverage

The Supreme Court’s June 24 ruling in Dobbs v. Jackson Women’s Health eliminating the constitutional right to an abortion, and leaving states to regulate or restrict the procedure, has created a complex and tangled web of…more

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

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The Texas Supreme ‎Court Grapples ‎With Standard for Recovering ‎and Reviewing Noneconomic ‎Damages

The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)‎. The court of appeals had…more

Damages, Non-Economic Damages, Wrongful Death

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CARES Act Guide: Overview of Key Reorganization Provisions and Bankruptcy Code Amendments

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,…more

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

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Additional Expansions of Illinois Employee Leave Rights

With Illinois implementing mandatory paid leave for all workers (see our commentary on that requirement here), not to mention Chicago’s parallel ordinance and the eleventh-hour postponement thereof, it is no wonder that recent…more

Bereavement Leave, Employer Liability Issues, Paid Leave, State Labor Laws, Unpaid Leave

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Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only…more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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FERC Takes Major Action On Tax Matters

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued several far-reaching items related to the tax allowance that is permitted to be included in the jurisdictional rates of natural gas pipelines, oil…more

FERC, Master Limited Partnerships, Natural Gas Act, Pipelines, Tax Cuts and Jobs Act

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The CCPA’s 12-Month Look Back Period May Extend Beyond That

The California Consumer Privacy Act (“CCPA”) provides consumers various rights regarding their personal information including the right to know what personal information a business has collected about the consumer and the right…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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CCPA Disclosure Requirements Emphasized by California AG’s Settlement With DoorDash‎

Enforcement of the California Consumer Privacy Act (“CCPA”) continues to heat up with California Attorney General Rob Bonta’s office announcing its second public enforcement action, this time against delivery service provider…more

California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Collection, Data Privacy

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Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only…more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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Last Dance? Third Circuit Shuts Down ‎J&J Affiliate’s Chapter 11 Case Predicated on “Texas Two-Step”‎

At the end of January, the Third Circuit Court of Appeals issued its long-awaited decision in the Chapter 11 bankruptcy case of LTL Management LLC (“LTL”), an affiliate of Johnson & Johnson (“J&J”). In a decision authored by…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

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Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking,…more

Educational Institutions, FERPA, Personally Identifiable Information, Student Privacy, Student Records

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IRS Issues Carried Interest Guidance

On July 31, 2020, the Internal Revenue Service and the U.S. Treasury Department issued Proposed Treasury Regulations (the “Proposed Regs”) providing guidance under the “carried interest” rules of Section 1061 of the Internal…more

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

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FUNDamentals: Is the Joint FinCEN and SEC Proposal for Investment Adviser Customer Identification Program DoA?

On May 13, 2024, the U.S. Securities and Exchange Commission’s Division of Investment Management (“SEC”) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint proposal…more

Bank Secrecy Act, Exempt Reporting Advisers (ERAs), FinCEN, Investment Adviser, Investment Advisers Act of 1940

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A Deep Dive Into the Diligent Effort (Search) Requirement

The excess and surplus lines insurance market is a rapidly-growing avenue for the placement of insurance policies in the United States. Many alien (non-U.S.) insurance carriers write surplus lines insurance coverage via…more

Excess Policies, Insurance Brokers, Insurance Industry, NAIC, Policy Terms

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Antitrust and Artificial Intelligence: ‎The FTC Identifies Competition Concerns in Generative AI ‎Markets

On June 29, 2023, the Federal Trade Commission’s Bureau of Competition and Office of Technology published a blog identifying key segments in the artificial intelligence (AI) space where competition concerns may arise. For…more

Algorithms, Antitrust Violations, Artificial Intelligence, Competition, Corporate Counsel

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Delaware Court Addresses De-SPAC Merger Claims

In an important decision, the Delaware Court of Chancery, in In re Multiplan Corp. Stockholders Litigation, 2022 WL 24060 (Del. Ch. Jan. 3, 2022), in denying the defendants’ motion to dismiss, addressed claims against the…more

Corporate Counsel, Fiduciary Duty, Initial Public Offering (IPO), Mergers, Special Purpose Acquisition Companies (SPACs)

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Federal Circuit Held Vanda’s Method of Treatment Claims Are “Application of Nature Law”—While Chief Judge Prost Dissented

On April 13, 2018, in a split decision, the Federal Circuit held that Vanda Pharmaceuticals Inc.’s method of treatment claims are directed to patent-eligible subject matter under step one of the Mayo two-step test. Vanda Pharm…more

Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter, Patents, Pharmaceutical Patents

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New Mechanism for Cross-Border Data Transfer: The EU-U.S. Data Privacy Framework

On June 10, 2023 the European Commission (the “Commission”) issued an adequacy decision on the new EU-U.S. Data Privacy Framework (the “DPF”). The decision restored free transfer of data between the EU and U.S. after three years…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, Data Security

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Rhode Island Implements Non-Liquidating Receivership Program to Assist Businesses Impacted by COVID-19

On March 31, 2020, the Rhode Island Superior Court announced a temporary program to aid previously healthy businesses that have become insolvent due to the COVID-19 pandemic in Rhode Island. The COVID-19 Non-Liquidating…more

Coronavirus/COVID-19, Insolvency, Receivership

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Return to Work Considerations

As government officials debate the timeline and criteria for reopening the country, employers are beginning to consider a return to some version of normalcy. After weeks of sheltering in place and teleworking, the prospect of…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment

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Texas Supreme Court Holds Financial ‎Institutions May Be Served Only Through Their Registered ‎‎Agent

In an attempt to invalidate mortgage liens without affording lienholders due process, borrowers (and purchasers of real estate subject to a mortgage lien) sometimes pursue quiet title actions premised upon suspect attempts to…more

Banking Sector, Financial Institutions, Liens, Mortgages

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Nontraditional Paths to a Career in Appellate Law | Mia Lorick | Texas Appellate Law Podcast

Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick, a partner at Locke Lord in Houston, is one of those…more

Appeals, Career Development, Diversity, Law Students, Scholarships

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Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett, Sackett v EPA

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There Is a Big Difference Between ‎‎“Void” and “Voidable”‎

In the iconic “The Princess Bride,” Miracle Max observes that there is a big difference between “all dead” and “mostly dead” and then goes on to prove it. In Holifield v. XRI Investment LLC, 2023 WL 5761367 (Del. Supr. Sept. 7,…more

Breach of Contract, Limited Liability Company (LLC), LLC Agreements, Void Contracts

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DOE Pledges Over Half a Billion ‎Dollars to Support ‎Hydroelectric Power and Jump-Start ‎Marine Energy

Last week, the U.S. Department of Energy (DOE) announced two separate programs that together will award nearly $600 million to fund hydroelectric power and advance marine energy. The DOE will award $554 million through…more

Department of Energy (DOE), Energy Projects, Energy Sector, FERC, Hydropower

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Texas Federal Court Enjoins ‎the CFPB’s ECOA Data-Collection Rule for All ‎Covered Institutions

On October 26, 2023, the Southern District of Texas entered a nationwide injunction staying the Consumer Financial Protection Bureau’s recent Final Rule regarding data collection for commercial lenders under the Equal Credit…more

Consumer Financial Protection Bureau (CFPB), Data Collection, ECOA, Financial Institutions

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Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of…more

Bonds, Borrowers, Municipalities, Public Finance

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Illinois Adopts Substantial Workers' Compensation Reform to Address COVID-19

Through a virtually unanimous vote in the General Assembly, Illinois adopted substantial changes in its Workers’ Compensation and Occupational Diseases statutes to address the COVID-19 pandemic. Recognizing that many workers…more

Coronavirus/COVID-19, General Assembly, State Labor Laws, Workers Compensation Reform

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Texas Supreme Court Reverses Stop Loss Insurance Categorization Premium Tax Ruling

On June 17, 2022, the Texas Supreme Court released an opinion in Hegar v. Health Care Serv. Corp. (No. 21-0080) (Jun 17, 2022) regarding whether the Comptroller properly taxed an insurer based on premiums it received from sales…more

Health Insurance, Insurance Code, Insurance Industry, Policy Terms, TX Supreme Court

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Implementing Compliance with Amendments to Rule 15c2-12

We recently reported the SEC’s adoption of amendments to Rule 15c2-12 to add two new events to those now required to be reported. Those two events are: - Incurrence of a financial obligation of the issuer or obligated person,…more

Amended Rules, Disclosure Requirements, Financial Obligations, Municipal Securities Issuers, Rule 15c2-12

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Main Street Lending Program – Federal Reserve Announces Expanded Access for Some Businesses While Affiliation Rules Restrict Access for Others

On June 8, 2020, the Federal Reserve announced that it is expanding the Main Street Lending Program (the “Program”) to allow more businesses to participate and to provide greater flexibility to borrowers in repaying loans under…more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

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New Year, New Discovery Rules: ‎California Amends Its Civil Discovery Act

California has enacted changes to its Civil Discovery Act so that discovery procedures in California state court are now more closely aligned with the federal court system’s initial disclosure requirements. California also…more

Disclosure Requirements, Discovery, Discovery Disputes, Document Productions

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Keepin’ It Real: Considerations for Employers Using Artificial Intelligence

Artificial intelligence (“AI”) enjoys headline limelight every day it seems, as its uses continue to expand. Notably, employers are using the latest in technology too. Not insignificantly, the usage of AI tools has raised…more

Algorithms, Artificial Intelligence, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Machine Learning

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OSHA Issues Coronavirus-Related Citations

As we all continue to adjust to the “new normal” brought on by COVID-19, employers across the country are recovering from the whiplash caused by the (at times contradictory) rules and regulations federal, state, and local…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Occupational Exposure, OSHA

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Public Companies Should Pay Attention to the Corporate Transparency Act

Public Companies are Exempt, But . . . Public companies have an exemption from the filing requirements under the new Corporate Transparency Act (CTA) reporting rules. The public company exemption applies to companies that…more

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

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Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of…more

Bonds, Borrowers, Municipalities, Public Finance

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CARES Act Loans and SPE Borrowers

SPE borrowers should carefully review their existing loan documents when considering loans under the CARES Act to relieve liquidity pressures. Existing loans may contain SPE covenants or other provisions that limit additional…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures

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Texas Reduces Surplus Lines Stamping Fee

The Texas Department Insurance (“TDI”) Commissioner Cassie Brown issued an order decreasing the surplus lines stamping fee from .075% to .04% of gross premium resulting from surplus lines insurance contracts. The decrease will…more

Department of Insurance, Insurance Commissioners, Insurance Industry, Surplus Lines Insurance

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How Public Companies Can Prepare For The Executive Compensation Clawback Regime

Many public companies have not waited for the Securities Exchange Commission (SEC) to mandate executive compensation recovery policies, as required by the Dodd-Frank Act. Shareholder and peer pressure has resulted in the…more

Board of Directors, Clawbacks, Derivative Suit, Dodd-Frank, Executive Compensation

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Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail and…more

Communications Decency Act, Corporate Counsel, Data Privacy, Federal Trade Commission (FTC), Immunity

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WARN-ing Ahead: Key Considerations and Reminders for Employee Separations in 2023

Given the current economic climate, employers may find themselves in the unfortunate position of needing to conduct a reduction in force or layoff in 2023. Before doing so, employers must consider and evaluate the impact of…more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

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Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of…more

Bonds, Borrowers, Municipalities, Public Finance

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Help for Main Street: Treasury Department and Federal Reserve Announce Main Street Lending Facilities for Small and Mid-Sized Businesses (including Nonprofits)

On April 9, 2020, the Federal Reserve and the Secretary of the Treasury announced, pursuant to Title IV of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act” and Section 13(3) of the Federal Reserve Act, the…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Relief Measures, U.S. Treasury

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DOJ Issues Formal Guidance on Credit for Cooperation in False Claims Act Investigations

On May 7, 2019, the Department of Justice announced the release of formal guidance on how it will credit defendants that cooperate with False Claims Act investigations. The guidance, which takes the form of an update to the…more

Cooperation, Department of Justice (DOJ), False Claims Act (FCA), Government Investigations, Internal Investigations

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New Form I-9 Required Starting November 1, 2023‎

On August 1, 2023, United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 that employers must use to verify the identity and employment authorization of their employees. The new form recognizes the…more

Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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The Party Seeking IPR Estoppel Bears ‎the Burden to Prove Non-Petitioned Invalidity Grounds ‎‎Reasonably Could Have Been Raised

In the April 3, 2023 decision in Ironburg Inventions Ltd. v. Valve Corporation, 21-2296, Doc. 66, the Federal Circuit provides crucial guidance regarding inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2). In clear…more

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

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SEC Provides Disclosure Guidance on Public Statements by Municipal Issuers

On February 7, 2020, the Securities and Exchange Commission’s Office of Municipal Securities issued Staff Legal Bulletin No. 21 (OMS) (“SLB 21”) to provide its views on the application of the antifraud provisions to public…more

Disclosure Requirements, Investors, Municipal Securities Issuers, Securities and Exchange Commission (SEC)

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Developments in Energy Pipeline ‎Security: TSA Directives, and Recommendations for Owners ‎‎and Operators

In the wake of the disruptive ransomware attack on the Colonial Pipeline in early May 2021, the U.S. Transportation Security Administration (“TSA”) issued two security directives to the pipeline industry. The first, Security…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Pipelines, Popular, Transportation Security Administration

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Relief for State and Local Governments Impacted by COVID-19‎

On March 11, 2021, President Biden signed into law the $1.9 trillion COVID-19 relief package, the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (the “ARPA”). ARPA includes $350 billion in aid for ‎state and local…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Interim Final Rules (IFR), Relief Measures, State and Local Government

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Texas Supreme Court Affirms a Lender’s Equitable Subrogation Rights Following ‎Expiration of the Statute of Limitations on the Lender’s Lien

On January 29, 2021, the Texas Supreme Court confirmed that the voiding of a lender’s lien due ‎to the expiration of the statute of limitations does not preclude the lender from foreclosing on a ‎pre-existing lien under the…more

Borrowers, Equitable Subrogation, Lenders, Mortgages, Statute of Limitations

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This Will Not Make You Blush. States ‎Are ‎Making Regulation of Cosmetics a Priority

Cosmetics Regulation - Currently, cosmetics are regulated through the Federal Food, Drug, and Cosmetic Act (FDCA)– ‎which has recently been revamped by the Modernization of Cosmetics Regulation Act (MoCRA)–and ‎various state…more

Chemicals, Cosmetics, Food and Drug Administration (FDA), Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Personal Care Products

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Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

On February 28, 2024, by Executive Order (“EO”) 14117, President Biden issued “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The EO directs the…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Personal Data

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Massachusetts Makes “Virtual Meeting” ‎Relief Permanent

We previously issued a QuickStudy reporting that the Massachusetts legislature had extended to March 31, 2023 the COVID-19 pandemic relief that allowed Massachusetts public companies and Massachusetts non-profit corporations to…more

Coronavirus/COVID-19, Corporate Governance, Shareholder Meetings, Shareholders, Virtual Meetings

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The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending…more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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‎2023 NLRB Update: Key Developments for All Employers‎

During 2023, strikes involving Hollywood writers, actors, automobile workers, and airline workers have dominated news story headlines. Meanwhile, unionization efforts affecting private employers across all industries are…more

Employer Liability Issues, NLRA, NLRB, Unions

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‎2023 NLRB Update: Key Developments for All Employers‎

During 2023, strikes involving Hollywood writers, actors, automobile workers, and airline workers have dominated news story headlines. Meanwhile, unionization efforts affecting private employers across all industries are…more

Employer Liability Issues, NLRA, NLRB, Unions

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IRS Releases Final Direct Pay Energy Tax Credit Regulations

On March 5, 2024, the Internal Revenue Service and the Treasury Department issued final Treasury Regulations (the “Final Regulations”) updating and finalizing previously published proposed Treasury Regulations relating to the…more

Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Locke Lord Deep Dive: Examining Proposed Regulations on Expanded ITC Under Inflation Reduction Act

On November 22, 2023, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) published Proposed Treasury Regulations (REG-132569-17) (the “Proposed Regulations”) providing long-awaited guidance and…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Down the Rabbit Hole: Digital Assets in ‎International Arbitration

Summary: The global adoption of digital assets and related blockchain technology has network ‎effects, which suggest that programmable legal contracts, including automated dispute resolution ‎mechanisms, might not only be…more

Blockchain, CFTC, Digital Assets, Digital Currency, Dispute Resolution

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Two Recent Delaware Decisions Provide Practical Transaction Guidance

Two year-end decisions by the Delaware Court of Chancery provide practical guidance for mergers and other transactions, one on the meaning of “commercially reasonable efforts” and other commonly used standards of efforts and the…more

Board of Directors, Corporate Counsel, Merger Agreements, Mergers, Shareholders

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NAIC Examines Investment Holdings of Private-Equity Owned Insurers

Last month the NAIC Capital Markets Bureau issued a Special Report finding that despite an in increase in the number of private equity (“PE”) owned U.S. insurers, investment volume held by PE-owned insurers declined as of…more

Insurance Industry, NAIC, Private Equity, Private Equity Firms

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Employment Law in the Wake of Dobbs

Although the Supreme Court issued its decision in Dobbs. v. Jackson Women’s Health Organization more than a month ago, its effects continue to ripple outward, and likely will for the foreseeable future. Employers must be…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, NLRA, Reproductive Healthcare Issues

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BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert…more

BNSF Railway Co v Tyrrell, Bristol-Myers Squibb, DaimlerChrysler v Bauman, Forum Shopping, General Jurisdiction

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Massachusetts Announces Relief for Businesses Hit Hardest by COVID

Massachusetts businesses that have been the hardest hit by the COVD-19 pandemic will be able ‎to apply for up to $75,000 in relief from the Commonwealth beginning at noon on December 31, ‎‎2020.‎ Charlie Baker’s…more

Coronavirus/COVID-19, Governor Baker, Grants, Relief Measures, Small Business

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Washington Issues Technical Assistance Advisory 2024-02 Regarding the Use of AI in ‎Insurance

On April 22, 2024, the Washington Office of the Insurance Commissioner issued Technical Assistance Advisory 2024-02 regarding “The Use of Artificial Intelligence Systems in Insurance” (the “Advisory”). The Advisory applies to…more

Artificial Intelligence, Insurance Commissioners, Insurance Industry, NAIC

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FHWA Guidance on Implementation of ‎Infrastructure Act Funding ‎Does Not Bode Well for New ‎Capacity Projects

Following the passage of the Infrastructure Investment and Jobs Act (“IIJA”) in November, ‎‎2021, there ‎was a flurry of optimism related to the new funding and how it might help to support ‎various types of ‎projects. What was…more

Federal Funding, Federal Highway Administration, Fixing America’s Surface Transportation Act (FAST Act), Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Recent Changes to California’s Anti Non-Competition Laws Take Effect

As we previously noted, California recently expanded its restrictions on non-competes under California Senate Bill No. 699 by rendering void and unenforceable all restrictive covenants that would be void under California law…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Disappearing Discounts?: IRC 2704 Proposed Regulations Threaten Valuation Discounts for Transfers of Interests in Family-Controlled Entities

Purpose of Section 2704 - Internal Revenue Code Section 2704 was originally passed to restrict certain types of valuation discounts on transfers of ownership interests in family-owned businesses among family members. While…more

Estate Planning, Family Businesses, Internal Revenue Code (IRC), IRC Section 2704, Valuation

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FCA’s Proposals for Reform of UK Listing ‎Regime

On 3 May 2023 the Financial Conduct Authority (FCA) published its consultation paper (CP23/10) setting out a blueprint for significant reforms of the UK listing regime for issuers of shares. The policy proposals are intended to…more

Financial Conduct Authority (FCA), Financial Services Industry, Investors, Shareholders, UK

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What Goes Around Comes Around

In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d ‎‎910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay ‎additional sums for defense…more

Indemnity, Insurance Industry, Insurance Litigation, Reinsurance

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FTC v. Shire ViroPharma

The U.S. Court of Appeals for the Third Circuit affirmed the district court’s dismissal of the FTC’s complaint against Shire ViroPharma, rejecting the FTC’s argument that Section 13(b) of the FTC Act is “satisfied by showing a…more

Administrative Proceedings, Federal Trade Commission (FTC), FTC Act, Generic Drugs, Pharmaceutical Industry

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87th Legislature Preparation Guide: Lobbying in Texas under the Cloud of COVID-19

The Texas Legislature is a unique citizen-led body that meets every odd numbered year, for 140 days. There are 31 members of the Senate, who serve four-year terms, and 150 members of the House of Representatives, who serve…more

Best Practices, Client Services, Coronavirus/COVID-19, Lobbying, Lobbyists

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Locke Lord QuickStudy: Range Resources Case

On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the lease…more

Breach of Duty, Lease Termination, Mineral Leases, Oil & Gas, Pooling Agreement

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Oil and Gas Company Lawyers: Navigating the ESG Landscape

INTRODUCTION - For many years, oil and gas companies, or O&Gs, and their lawyers have been living with the environmental, social, and governance, or ESG, movement and its ever-increasing demands on the industry. Initially,…more

Climate Change, Disclosure Requirements, Energy Sector, Environmental Social & Governance (ESG), Oil & Gas

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Texas Federal Court Enjoins ‎the CFPB’s ECOA Data-Collection Rule for All ‎Covered Institutions

On October 26, 2023, the Southern District of Texas entered a nationwide injunction staying the Consumer Financial Protection Bureau’s recent Final Rule regarding data collection for commercial lenders under the Equal Credit…more

Consumer Financial Protection Bureau (CFPB), Data Collection, ECOA, Financial Institutions

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Can an Arbitrator Require Arbitration by Videoconference?

In response to the stay-at-home orders issued by various state and local authorities aimed at slowing the spread of COVID-19, all aspects of the economy have been experimenting with various online platforms as a way to keep…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Videoconference

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Delaware Court of Chancery Confirms Ability of Stockholders to Assert Third-Party Beneficiary Claims Under Merger Agreements

A common provision in merger agreements is denial of the right of non-parties to the agreement to assert third-party beneficiary claims. The use of this provision left open the question whether stockholders of a disappearing…more

Corporate Counsel, Delaware General Corporation Law, Merger Agreements, Mergers, Third-Party Beneficiaries

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Tax Court Finds Legal Fees Incurred in Defending Hatch-Waxman Lawsuits are ‎Deductible Expenses

On April 27, 2021, the U.S. Tax Court issued its decision in Mylan, Inc. v. Comm’r of Internal Revenue regarding which legal fees that a generic-drug manufacturer incurs in connection with its Abbreviated New Drug Application…more

Abbreviated New Drug Application (ANDA), Generic Drugs, Hatch-Waxman, IRS, Patent Infringement

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Approving New Vaccines in the Time of COVID-19

The full weight of the federal government (and obvious public support) is being brought to bear on the development and approval of a vaccine for COVID-19. But what are the steps involved in that process?…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Life Sciences, Public Health

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The Federal Circuit Clarifies the Law of ‎Proper Venue in Patent ‎Cases Involving the Presence of a ‎Purported Agent in a Given ‎Fora

The Court of Appeals for the Federal Circuit has recently clarified the law concerning whether patent ‎venue is proper under agency law, specifically in the context of whether the presence of a franchisee ‎in a given fora is…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, Venue

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U.S. Supreme in South Dakota v. Wayfair, Inc. Overturns Longstanding Limitation on States’ Ability to Compel Sales Tax Collection on Internet and Catalogue Sales: What Happens Now?

The United States Supreme Court on June 21, 2018 issued a decision in the closely watched sales tax collection case of South Dakota v. Wayfair Inc., Case Number 17-494. The 5 – 4 decision overturned the cases of National Bellas…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Business Interruption Insurance Coverage Litigation Arising From COVID-19

Opening day might be delayed, but first pitches have already been thrown in courtrooms across the U.S. by insureds seeking business interruption cover for Covid-19 related losses. The judges calling balls and strikes in such…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Tighter SEC Cybersecurity Incident Disclosure ‎Requirements Go into Effect Today

The new SEC cybersecurity rules (Release No. 33-11216), codify and build on earlier SEC guidance on cybersecurity risks and incidents and require specific cybersecurity-related disclosures…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K, Popular

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Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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EPA’s New Particulate Rule: A ‎Particular Issue for Industry

I. Background. On February 7, 2024, EPA issued a final rule lowering the annual health-based air quality standard for fine particulates (pm 2.5) to 9 ug/m3 from 12 ug/m3. The Rule will impact industries and many…more

Air Quality Standards, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, State Implementation Plans (SIPs)

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[Webinar] Distressed Energy Assets: Market Update and Key Considerations For Acquirers - April 23rd, 12:00 pm - 1:00 pm CT

- Current Climate: Discussion of the current restructuring environment.? - Tactical Considerations: The pros and cons of purchasing through bankruptcy and the differences between jurisdictions.? - Process Questions:…more

Acquisitions, Continuing Legal Education, Debt Restructuring, Distressed Assets, Economic Downturn

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Centers for Disease Control Order: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

Introduction - In an action intended to mitigate the spread of COVID-19 and pursuant to authority under 42 U.S.C. 264? and 42 CFR Section 70.2,? the Centers for Disease Control (“CDC”) published an order (“Order”) on…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Landlords, Moratorium

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Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett, Sackett v EPA

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Short Extension of Clawback Policy Deadline Suggests Listed Companies Will Need to Adopt Policies by early August

On April 24, 2023, the SEC extended, for a short time, the deadline for the effectiveness of stock exchange listing requirements under the Dodd Frank Act that will require listed companies to adopt clawback policies for…more

Clawbacks, Dodd-Frank, Securities and Exchange Commission (SEC), Securities Exchange Act

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Orlansky v. Quicken Loans, LLC & ‎Violations of the Automatic Stay

Notices of filing bankruptcy from debtors to its creditors are intended to halt all collection efforts of prepetition debts. But where lenders are required by law to provide information to mortgagors who are debtors in…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 13, Consumer Bankruptcy

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The Federal Trade Commission Issues ‎Non-Compete Ban, but Legal Challenges Await‎

As we previously covered, on January 5, 2023 the Federal Trade Commission issued a proposed rule regarding the enforceability of non-compete agreements. The proposed rule followed President Biden’s July 9, 2021, Executive Order,…more

Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Restrictive Covenants

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Supreme Court FAA Decision Creates Even More Questions About Independent ‎Contractors and Arbitration: April 2024 IC Legal News Update‎

Is an independent food distributor exempt from an arbitration agreement under the interstate transportation worker exemption in the Federal Arbitration Act (FAA)? That was the question that the U.S. Supreme Court addressed in…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Litigation, Federal Arbitration Act

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FUNDamentals: Is the Joint FinCEN and SEC Proposal for Investment Adviser Customer Identification Program DoA?

On May 13, 2024, the U.S. Securities and Exchange Commission’s Division of Investment Management (“SEC”) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint proposal…more

Bank Secrecy Act, Exempt Reporting Advisers (ERAs), FinCEN, Investment Adviser, Investment Advisers Act of 1940

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Economic Loss Rule Precludes Negligence Claims in the Southern California Gas Leak Litigation

On December 15, 2017, a California appellate court held in Southern California Gas Co. v. Superior Court, No. B283606, 2017 WL 6398546 (Cal. Ct. App. Dec. 15, 2017), that Southern California Gas Company (“SoCalGas”) did not owe…more

Class Action, Economic Loss Doctrine, Negligence, Oil & Gas

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ICDR Publishes Guidelines on the Use ‎of Arbitral Tribunal ‎Secretaries

Over the past few years, the use and role of tribunal secretaries in international arbitration has garnered considerable interest. In its 2021 International Arbitration Rules (“Rules”), the International Centre for Dispute…more

Arbitration, Dispute Resolution, ICDR, International Arbitration

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SEC v Covington & Burlington: Client ‎Names Are Not Privileged

The U.S. District Court for the District of Columbia recently issued a decision in a hotly contested (and closely watched) dispute between the Securities and Exchange Commission (the “SEC”) and international law firm Covington &…more

Attorney-Client Privilege, Cyber Attacks, Cybersecurity, Securities and Exchange Commission (SEC), Securities Litigation

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You May Have Missed It…the ‎Department of Labor Releases Final Rule on Increase in ‎Salary ‎Threshold for White Collar Exemptions

In an October 2023 article, we discussed the United States Department of Labor’s (“DOL”) proposed new rule that would significantly raise the minimum salary for employees to qualify for the so-called “white-collar exemptions”…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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IRS Extends Relief Allowing Remote Witnessing Procedures for Certain Retirement Plan Elections

As the COVID-19 pandemic drags on, administrators of defined benefit pension plans continue to field questions about the notary requirement related to certain participant and spousal elections. For qualified retirement plans…more

Employee Benefits, IRS, Notarization, Relief Measures, Remote Notarization

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In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable…more

Borrowers, Collateral, Creditors, EBITDA, Popular

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California Strengthens Restrictions on Noncompete Clauses

California expanded its already broad restrictions on noncompete clauses by enacting Senate Bill No. 699 (“SB 699”), which takes effect on January 1, 2024. The new statute, Business and Professions Code section 16600.5, expands…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a…more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Employers Not Responsible for Spread ‎of COVID-19 by Employees Off the Clock, ‎California Supreme ‎Court Says

On July 6, 2023, the California Supreme Court issued a unanimous decision in Kuciemba v. Victory Woodworks, Inc., No. S274191, 2023 WL 4360826 (Cal. July 6, 2023), limiting the scope of employer liability to third parties in…more

CA Supreme Court, Coronavirus/COVID-19, Employer Liability Issues, Occupational Exposure

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Latest Energy Communities Guidance Buoys Offshore Wind, but Navigation Hazards ‎Remain

On March 22, 2024, the IRS issued additional guidance (Notice 2024-30) on the energy communities provision of the Inflation Reduction Act. This latest guidance is narrowly focused on two topics: (1) expanding the “hook” by which…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), IRS, Offshore Wind

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The Supreme Court’s ‎Decision on ‎Enablement in Amgen v. Sanofi

Justice Gorsuch authored a unanimous opinion arching back to precedent from the 1800s and upholding the Federal ‎Circuit’s and district court’s determinations that Amgen’s patent claims are invalid for lack of ‎enablement.‎ The…more

Amgen, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Eleventh Circuit Affirms Dismissal of ‎Cost-of-Insurance Rate Class Action ‎Against Wilco Life ‎Insurance Company

On November 15, 2021, the U.S. Court of Appeals for the Eleventh Circuit ‎affirmed dismissal of a ‎putative cost-of-insurance (“COI”) rate class action in ‎Anderson v. Wilco Life Insurance Company ‎‎— a victory for life insurers…more

Class Action, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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IRS Releases Final Direct Pay Energy Tax Credit Regulations

On March 5, 2024, the Internal Revenue Service and the Treasury Department issued final Treasury Regulations (the “Final Regulations”) updating and finalizing previously published proposed Treasury Regulations relating to the…more

Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Supreme Court Reinvigorates Forum ‎Shopping in Mallory v. Norfolk Southern Railway Co.‎

On June 27, 2023, the Supreme Court in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023) substantially broadened (at least temporarily) the bases for general personal jurisdiction over out-of-state corporations in…more

Constitutional Challenges, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction, SCOTUS

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Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”). This…more

CEQ, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

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Employees ‘Speak Out!’: How the Speak Out Act Will Affect Employee Non-Disclosure Agreements

In early 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Inspired by the #MeToo movement, the law banned compulsory, pre-dispute arbitration clauses in cases involving…more

Employer Liability Issues, Non-Disclosure Agreement, Non-Disparagement Provisions, Settlement Agreements, Sexual Assault

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CMS Issues Final Quota Share Reinsurance Rule

As we reported in our QuickStudy on February 13, 2020, CMS filed and made available for public inspection on February 5, 2020, a new proposed rule (the “Proposed Reinsurance Rule”) under the authority of Section 1855(b)(1) of…more

Centers for Medicare & Medicaid Services (CMS), Medicare Advantage, Medicare Advantage Organizations (MAOs), Proposed Rules, Reinsurance

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Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter Compliance Requirements for Temporary Agencies and Employers

Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and…more

Employer Liability Issues, Staffing Agencies, State Labor Departments, State Labor Laws, Temporary Employees

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Unexpected Rescue: Observations on ‎the Silicon Valley Bank Closure and Ongoing Market Disruptions

Over the past several days, Locke Lord LLP has closely followed the closures of Silicon Valley Bank ‎in Santa Clara, California (“SVB”) and New York based Signature Bank, as well as the ensuing ‎volatility experienced by many…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Better User Experience or Trade Mark Infringement? The UK Supreme Court Gives Guidance on Website Targeting

The Supreme Court of the United Kingdom has recently upheld a decision of the English Court of Appeal concerning the criteria for when a website will be considered to be targeting consumers in the United Kingdom ("UK"). The…more

Intellectual Property Protection, Trademark Infringement, Trademark Litigation, Trademarks, UK

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Eliminating McCarran-Ferguson Immunity for Health Insurers - Higher Prices and ‎Compliance Burdens

For decades, politicians of both stripes routinely promised that they would do something about the relentless rise in health insurance costs by repealing the McCarran-Ferguson Act. Now that Congress passed and former President…more

Anti-Competitive, Antitrust Immunity, Health Insurance, McCarran-Ferguson Act

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FTC Takes Action Against Social ‎Media Posts for Failure to Disclose Material ‎Connections

On November 15, 2023, the FTC announced that it had issued fourteen Warning Letters ‎to the two trade associations, the American Beverage Association (AmeriBev) and the Canadian ‎Sugar Institute (“the Associations”), as well as…more

Disclosure Requirements, Endorsements, Failure To Disclose, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Expansive New Massachusetts Law Upends Process for Residential Evictions and Foreclosures in Wake of COVID-19, Effectively Alters Terms of Mortgages

Massachusetts has passed an expansive law aimed at protecting tenants and homeowners during the COVID-19 emergency – “An Act Providing For A Moratorium On Evictions And Foreclosures During The COVID-19 Emergency” (“Act”). The…more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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Relief for State and Local Governments Impacted by COVID-19‎

On March 11, 2021, President Biden signed into law the $1.9 trillion COVID-19 relief package, the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (the “ARPA”). ARPA includes $350 billion in aid for ‎state and local…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Interim Final Rules (IFR), Relief Measures, State and Local Government

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CARES Act: How Does It Affect Multifamily Owners and Borrowers?

On March 27, 2020, the President signed into law the $2 trillion Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which is aimed at helping individuals and businesses that have been affected by the 2020…more

Borrowers, CARES Act, Coronavirus/COVID-19, Forbearance Agreements, Relief Measures

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Tighter SEC Cybersecurity Incident Disclosure ‎Requirements Go into Effect Today

The new SEC cybersecurity rules (Release No. 33-11216), codify and build on earlier SEC guidance on cybersecurity risks and incidents and require specific cybersecurity-related disclosures…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K, Popular

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FERC Takes Major Action On Tax Matters

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued several far-reaching items related to the tax allowance that is permitted to be included in the jurisdictional rates of natural gas pipelines, oil…more

FERC, Master Limited Partnerships, Natural Gas Act, Pipelines, Tax Cuts and Jobs Act

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FUNDamentals: Is the Joint FinCEN and SEC Proposal for Investment Adviser Customer Identification Program DoA?

On May 13, 2024, the U.S. Securities and Exchange Commission’s Division of Investment Management (“SEC”) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint proposal…more

Bank Secrecy Act, Exempt Reporting Advisers (ERAs), FinCEN, Investment Adviser, Investment Advisers Act of 1940

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FCA’s Proposals for Reform of UK Listing ‎Regime

On 3 May 2023 the Financial Conduct Authority (FCA) published its consultation paper (CP23/10) setting out a blueprint for significant reforms of the UK listing regime for issuers of shares. The policy proposals are intended to…more

Financial Conduct Authority (FCA), Financial Services Industry, Investors, Shareholders, UK

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Challenging Recent Developments for Incident Response

The United States is on track to see a record number of data breaches in 2023 and state regulators are paying attention. The swift action required by victim companies includes containment and elimination of the threat, and quick…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Main Street Lending Program – Federal Reserve Announces Expanded Access for Some Businesses While Affiliation Rules Restrict Access for Others

On June 8, 2020, the Federal Reserve announced that it is expanding the Main Street Lending Program (the “Program”) to allow more businesses to participate and to provide greater flexibility to borrowers in repaying loans under…more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

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Part II: Secondary Transactions Provide Welcome Flexibility to Both Fund Managers and Investors in Energy Sector Private Equity Funds, but They Must be Structured and Timed to Avoid Tax Pitfalls.

This is Part II of Locke Lord’s two-part series on Secondary Transactions. Part I discussed traditional Investor-led Secondary Transactions. This Part II discusses the increasingly dynamic area of Manager-led Secondary…more

Energy Sector, Fund Managers, Investors, Private Equity, Private Equity Funds

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COVID-19 Weekly Insurance Regulatory Updates To Keep You Informed During The Lockdown (October 26-30, 2020)

In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time. If you have any questions on…more

Casualty Insurance, Coronavirus/COVID-19, Department of Insurance, Insurance Industry, Property Insurance

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Amendments to HIPAA Privacy Rule to Support Reproductive Health Care Privacy

On April 22, 2024, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued a Final Rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to support…more

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

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The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the…more

Acceleration, Borrowers, Default, Foreclosure, Mortgages

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Pay Ratio is a Go!: The Commission and the Division of Corporation Finance Provide Guidance and Updated C&DIs

On September 21, 2017, both the Securities and Exchange Commission (the “Commission”) and its Division of Corporation Finance (“Corp Fin”) provided guidance on the pay ratio disclosure requirement mandated by the Dodd-Frank Act,…more

C&DIs, Corp Fin, Disclosure Requirements, Dodd-Frank, Executive Compensation

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INFORM Consumers Act Will Attempt to ‎Curb Sale of Counterfeit Goods Online

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act” or the “Act”) signed into law in 2022 will go into effect on June 27, 2023, and will have a major impact on…more

Counterfeit Goods Regulation, Counterfeiting, Federal Trade Commission (FTC), Internet Retailers

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In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable…more

Borrowers, Collateral, Creditors, EBITDA, Popular

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Following Removal, Make Sure Your Pleadings Comply with the Federal Rules

On June 14, 2021, the Fifth Circuit issued a decision providing an important reminder: after a case is removed to federal court, make sure your pleadings comply with the federal rules…more

Damages, Federal Rules of Civil Procedure, Removal, Sales Commissions, Wage and Hour

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New York Opens Significant New ‎Lending Market by Authorizing Reverse Mortgages Secured ‎by ‎Co-Op Apartments‎

The law does not take effect until mid-2022 and is subject to regulations to be promulgated by the ‎New ‎York Department of Financial Services. ‎ On December 1, 2021, New York Governor Kathy Hochul signed into law a bill…more

Borrowers, HUD, Mortgage Lenders, Mortgages, NYDFS

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Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail and…more

Communications Decency Act, Corporate Counsel, Data Privacy, Federal Trade Commission (FTC), Immunity

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BEA Reporting Requirements for ‎Foreign Direct Investment in the United States

The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) prepares official U.S. economic statistics, such as the U.S. international transactions accounts, the national income and product accounts, and the…more

Benchmarks, Bureau of Economic Analysis, Foreign Direct Investment, Foreign Investment, Form BE-12

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SEC Issues New COVID-19 Disclosure Guidance

On June 23, 2020, the SEC’s Division of Corporation Finance released CF Disclosure Guidance: Topic No. 9A supplementing its previous guidance regarding COVID-19 disclosures that we discussed in a previous post. The new guidance…more

CARES Act, Coronavirus/COVID-19, Disclosure Requirements, Securities and Exchange Commission (SEC)

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CCPA Disclosure Requirements Emphasized by California AG’s Settlement With DoorDash‎

Enforcement of the California Consumer Privacy Act (“CCPA”) continues to heat up with California Attorney General Rob Bonta’s office announcing its second public enforcement action, this time against delivery service provider…more

California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Collection, Data Privacy

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Are Term Loan Notes Securities? Court ‎Confirms Longstanding Market View ‎They Are Not

Introduction On August 24, 2023, the United States Circuit Court of Appeals for the Second Circuit (the “Second Circuit”) decided Kirschner v. JP Morgan Chase Bank, N.A., addressing the issue of whether notes issued as part of…more

Financial Institutions, Securities and Exchange Commission (SEC), Securities Regulation, Syndicated Loans

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The Supreme Court’s ‎Decision on ‎Enablement in Amgen v. Sanofi

Justice Gorsuch authored a unanimous opinion arching back to precedent from the 1800s and upholding the Federal ‎Circuit’s and district court’s determinations that Amgen’s patent claims are invalid for lack of ‎enablement.‎ The…more

Amgen, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business…more

Borrowers, CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Lenders

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The FTC Strikes Again – Challenging the Listing of 300+ Patents in FDA’s Orange Book

On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Orange Book, Patents, Pharmaceutical Industry

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The Double Dip: Guacamole Faux Pas ‎or Liability Management ‎Technique?

Jerry Seinfeld and Larry David taught us that you can’t double dip a chip—“it’s like putting your whole mouth right in the dip.” However, the credit markets have recently been focused on a different type of double dip, one that…more

Borrowers, Creditors, Debtors, Insolvency, Lenders

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Illinois Supreme Court Says Five Year ‎Statute of Limitations for ‎BIPA Claims

Today, the Illinois Supreme Court issued its much anticipated decision in Tims v. Black Horse Motor Carriers, Inc., deciding that the Biometric Information Privacy Act’s (“BIPA”) prohibition against sale of biometric data, or…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Statute of Limitations

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Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury returned a…more

Breach of Duty, Business Litigation, Disgorgement, Duty of Loyalty, Fiduciary Duty

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Protecting High Value Bank Accounts – ‎Options to Increase FDIC Insurance Limits and Trust ‎Solutions

The recent collapses of Silicon Valley Bank (“SVB”) and Signature Bank—followed by the bailout of Credit Suisse—have led depositors to look for ways to protect their deposits in excess of the Federal Deposit Insurance…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Proposed Changes to Code Section ‎‎1061 Contemplate Significant Changes for Real Estate Funds ‎and Developers

The “Inflation Reduction Act of 2022” recently announced by Senators Manchin and Shumer to be added to the 2022 Budget Reconciliation bill proposes several significant changes to Section 1061 of the Internal Revenue Code of…more

APIs, Capital Gains, Income Taxes, Internal Revenue Code (IRC), Partnership Interests

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Washington Issues Technical Assistance Advisory 2024-02 Regarding the Use of AI in ‎Insurance

On April 22, 2024, the Washington Office of the Insurance Commissioner issued Technical Assistance Advisory 2024-02 regarding “The Use of Artificial Intelligence Systems in Insurance” (the “Advisory”). The Advisory applies to…more

Artificial Intelligence, Insurance Commissioners, Insurance Industry, NAIC

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Market Definition Is Front and Center in Recent Decision ‎‎Dismissing App Developers’ Antitrust ‎Claims Against Apple

A recent decision from Judge Edward M. Chen in the United States District Court for the Northern District of California focuses on the sufficiency of allegations of market definition to state a claim for federal antitrust…more

Antitrust Litigation, Antitrust Violations, App Developers, App Store, Apple

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The Federal Trade Commission and ‎Justice Department Release Final 2023 Merger Guidelines

The Federal Trade Commission and the Justice Department jointly issued the 2023 Merger Guidelines on December 18, 2023, which describe the factors and frameworks the agencies will utilize when reviewing mergers and acquisitions…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Horizontal Merger Guidelines

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The DOL’s Final Investment Advice Fiduciary Rule Is Here

In its latest attempt in a fourteen-year old quest to update the circa-1975 definition of a fiduciary who renders “investment advice for a fee or other compensation, direct or indirect” (an “investment advice fiduciary”) under…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Final Rules

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‎2022 HIPAA Enforcement Update – ‎OCR Continues Focus on Rights of Access

In 2022, the Department of Health and Human Services, Office for Civil Rights (OCR) announced eighteen settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act ‎‎(HIPAA) violations…more

Cybersecurity, Data Breach, Data Protection, Data Security, Health Care Providers

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United States District Court Accepts the “Valid When Made” Doctrine

In Robinson v. National Collegiate Student Loan Trust 2006-2, the U.S. District Court for the District of Massachusetts accepted the validity of the “valid when made” doctrine. The District Court’s acceptance is noteworthy in…more

Banking Sector, Interest Rates, OCC, Student Loans, Valid When Made Doctrine

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The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending…more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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‎2022 HIPAA Enforcement Update – ‎OCR Continues Focus on Rights of Access

In 2022, the Department of Health and Human Services, Office for Civil Rights (OCR) announced eighteen settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act ‎‎(HIPAA) violations…more

Cybersecurity, Data Breach, Data Protection, Data Security, Health Care Providers

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COVID-19 and Director Liability: Discharging Fiduciary Duties While Navigating the Financial Distress and Business Uncertainty Caused by the Pandemic

The COVID-19 pandemic has caused unprecedented economic disruption at virtually every level of a business, from alarming declines in demand and revenue, operational and supply chain problems , employee issues, roadblocks to…more

Board of Directors, Coronavirus/COVID-19, Duties & Responsibilities, Duty of Care, Duty of Loyalty

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[Webinar] Going Through Withdrawal: Dealing with Multiemployer Pension Plan Withdrawal Liability? - November 14th, 12:00pm CT

This program will present an overview of withdrawal liability issues pertinent to employers contributing to multiemployer pension plans under collective bargaining agreements. The presenters are an experienced enrolled actuary…more

Collective Bargaining Agreements (CBA), Continuing Legal Education, Employee Retirement Income Security Act (ERISA), Multiemployer Plan, Pensions

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Proposed Changes to Code Section ‎‎1061 Contemplate Significant Changes for Real Estate Funds ‎and Developers

The “Inflation Reduction Act of 2022” recently announced by Senators Manchin and Shumer to be added to the 2022 Budget Reconciliation bill proposes several significant changes to Section 1061 of the Internal Revenue Code of…more

APIs, Capital Gains, Income Taxes, Internal Revenue Code (IRC), Partnership Interests

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The Double Dip: Guacamole Faux Pas ‎or Liability Management ‎Technique?

Jerry Seinfeld and Larry David taught us that you can’t double dip a chip—“it’s like putting your whole mouth right in the dip.” However, the credit markets have recently been focused on a different type of double dip, one that…more

Borrowers, Creditors, Debtors, Insolvency, Lenders

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SPACs and the Implications for D&O ‎Insurance

Special Purpose Acquisition Companies or “SPACs” have emerged as a significant part of the ‎financial and transactional markets. A SPAC is a company with no commercial operations, formed ‎strictly for the purpose of publicly…more

D&O Insurance, Enforcement Actions, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Texas Supreme Court Affirms a Lender’s Equitable Subrogation Rights Following ‎Expiration of the Statute of Limitations on the Lender’s Lien

On January 29, 2021, the Texas Supreme Court confirmed that the voiding of a lender’s lien due ‎to the expiration of the statute of limitations does not preclude the lender from foreclosing on a ‎pre-existing lien under the…more

Borrowers, Equitable Subrogation, Lenders, Mortgages, Statute of Limitations

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Delaware Court of Chancery Finds That Crossing the “Fine Line Between Glaringly Egregious Conduct and an Aggressive Litigation Position” Costs Gilead $1.76 Million in Attorneys’ Fees

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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