Husch Blackwell LLP

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Phone: 314.480.1500
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Areas Of Practice
  • Agriculture
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Other U.S. Locations
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Number of Attorneys
1,000+ Attorneys

Fraud Alert: The CTA Form 4022 Scam

Small business owners around the country have been receiving “Form 4022,” a letter from the “United States Business Regulation Department” under the guise of enforcing the recently effective Corporate Transparency Act (CTA)…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Identity Theft, IRS

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the…more

Asbestos, Asbestos Litigation, Comparative Negligence, IA Supreme Court, Liability

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U.S. Supreme Court Establishes Lower Bar for Discriminatory Job Transfer Actions under Title VII

On April 17, 2024, the U.S. Supreme Court unanimously held that allegedly discriminatory job transfers are actionable under Title VII of the Civil Rights Act of 1964, as amended, so long as the transfer caused “some harm” to the…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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If Only All Asbestos Cases Were Pending in New York… Nemeth v. Brenntag North America

New York’s Court of Appeals recently reversed a $16,500,000 asbestos jury verdict in a case brought by decedent Florence Nemeth and her husband, who alleged that Mrs. Nemeth’s cancer was caused by her use of Desert Flower Talcum…more

Asbestos, Asbestos Litigation, Causation, Expert Witness, Jury Verdicts

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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The Debt Ceiling Standoff and NEPA: New Changes to the NEPA Review Process

An increased borrowing limit for the U.S. was not the only change brought about by the recently enacted Fiscal Responsibility Act of 2023. The National Environmental Policy Act (NEPA) review process was also on the minds of our…more

Debt Ceiling, Environmental Assessments, Environmental Impact Statements, Federal Budget, NEPA

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Employers Have New Obligations when the Union Demands Voluntary Recognition

Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the…more

Collective Bargaining, Labor Relations, NLRA, NLRB, Secret Ballot

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FDA Issues Warning Letters to Companies Whose Products Are Intended for Use with Food-Producing Animals

On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued Warning Letters to four companies concerning the illegal sale of unapproved animal drugs containing cannabidiol (CBD) intended for use in food-producing…more

Animal Drugs, Cannabidiol (CBD) oil, Contamination, Farm Animals, Federal Food Drug and Cosmetic Act (FFDCA)

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Hold the Sauce! Nebraska Denies Tax Exemption for University Food Court

In the latest skirmish in an ongoing battle between taxing authorities and institutions of higher education, the Nebraska Tax Equalization and Review Commission recently affirmed a decision that denied a property tax exemption…more

Property Tax, Public Purpose, State Tax Equalization Boards, State Taxes, Tax Exemptions

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Department Of Education Rescinds And Replaces The 2016 Clery Handbook

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires institutional reporting and other warnings and notifications to provide information about campus safety. In achieving…more

Clery Act, Colleges, Department of Education, Security, Universities

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Sixth Circuit Lifts ETS Stay - OSHA Delays Noncompliance Citations

Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of the…more

Coronavirus/COVID-19, Employer Mandates, Executive Orders, Joe Biden, Noncompliance

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New Rules Promotes Patient Access To Personal Healthcare Information

Two new federal rules will make it easier for consumers to access, use and transmit their personal healthcare information using an app on their smartphone or tablet. The regulations implement prior legislation and advance the…more

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

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Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits..…more

Article III, Class Action, Class Members, Corporate Counsel, Credit Reporting Agencies

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Legal Considerations for Religious Leaders Faced with Religious Exemption Requests

Husch highlights- •In the context of vaccine mandates and religious exemption requests, religious employers and faith leaders continue to receive religious exemption requests relating to vaccine mandates or requests to write…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Documentation, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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Board Decides Religious Educational Institutions Not Subject To Labor Laws While Supreme Court Grapples With Ministerial Exception

Key Points- •In the June 10, 2020, National Labor Relations Board (Board) decision Bethany College, the Board reversed its own 2014 decision, Pacific Lutheran University, and held that the Board lacks jurisdiction over…more

Educational Institutions, Federal Labor Laws, NLRA, NLRB, Nonprofits

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Part II, Baltimore's Key Bridge Collapsed: What Happens Next?

The second installment in our Baltimore Key Bridge collapse series examines the court proceedings that have begun to determine the liability incurred. The M/V Dali—which lost power just after midnight on March 26, 2024, before…more

Bridges, Liability, Limitations Act, Maryland, Shipping Cargo

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U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in the…more

Arbitration, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers, Federal Arbitration Act, Foreign Commerce

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Developing an Effective Contract Management Program

Contract management has quickly and importantly developed into an area of focus for in-house counsel and business stakeholders. Effective contract management systems can increase internal accountability and decrease wait times…more

Contract Management, Decision-Making Process, Legal Operations, Legal Project Management, Policies and Procedures

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New Legislation Likely To Spur Increase In Bankruptcy Filings

On August 23, President Trump signed into law two new pieces of legislation—the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019—that will likely lead to an increase in bankruptcy filings from…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Bankruptcy Reform, Chapter 11

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Covering the Basics: Common Renewable Energy Project Financing Options

As the shift from fossil-based energy production to renewable energy sources continues, growth in renewable energy projects under development has been staggering. But moving projects from early-stage development to commercial…more

Bridge Loan, Early Stage Companies, Energy Projects, Financing, Inflation Reduction Act (IRA)

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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NERC Requests Approval To Expand Registration And Compliance Obligations To A New Category of Entities: Category 2 GOs/GOPs

NERC recently filed rule changes with FERC that propose to significantly expand NERC registration and compliance requirements to inverter based resources, such as renewable energy and battery facilities, that historically were…more

Batteries, Energy Sector, Energy Storage, FERC, NERC

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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New California Class Action Highlights Recent Focus on Autopay Cancellations

Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit…more

Automatic Enrollment, Bank of America, Banks, California, Class Action

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Nemeth Is the Law – Causation in NYCAL Talc and Asbestos Cases

We previously reported on Nemeth v. Brenntag North America, et al., 38 N.Y.3d 336 (Ct. App. NY Apr. 26, 2022), a landmark case in which the New York’s Court of Appeals reversed a $16,500,000 asbestos jury verdict because the…more

Asbestos, Asbestos Litigation, Causation, Mesothelioma, Summary Judgment

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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Revitalize and Recharge: The Emergent Trend of Adaptogens and Nootropics in Functional Beverages

In an industry full of buzzwords, “adaptogens” and “nootropics” are current stand outs within the beverage industry. The beverage industry experienced a significant shift in consumer preference following the COVID-19 pandemic,…more

Essential Health Benefits, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Products ., Health Claims

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New Developments: Clarification On Extensions Of Benefit Deadlines

On February 26, 2021, the Department of Labor, the Treasury Department and Internal Revenue Service issued clarifying guidance regarding COVID-19-related deadline extensions under the Internal Revenue Code, ERISA, COBRA and…more

COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Disaster Aid, EBSA

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M&A Time And Cost-Saving Measures: Third Party Consents In Project Development

During the course of any acquisition of a renewable energy project, the parties may be required to obtain consents from certain of the counterparties to the project contracts. This will be the case if a project contract includes…more

Anti-Assignment Clauses, Change of Control, Consent, Renewable Energy, Third-Party

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EEOC Finalizes Workplace Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received…more

Anti-Harassment Policies, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act, Protected Class

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Minnesota Courts Address Business Discrimination Claims: What Companies Should Know

Two recent decisions by the Minnesota Court of Appeals will impact Minnesota businesses facing potential discrimination claims under the Minnesota Human Rights Act (MHRA). In Andrea Anderson v. Aitkin Pharmacy Services, LLC,…more

Contraceptives, Discrimination, Food and Drug Administration (FDA), Human Rights Act, Pharmacies

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Common Title and Survey Deliverables in Texas Energy Transactions

In Texas, title insurance forms are promulgated by the Texas Department of Insurance (the “TDI”), with policy types, premium amounts, and the issuance of endorsements being regulated by standardized procedural and rate rules…more

Debt Financing, Energy Storage, Renewable Energy, Texas, Title Insurance

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Missouri Court of Appeals Reverses $700,000 Post-Judgment Interest Award in Wrongful Death Case

In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment. Notably,…more

Appellate Courts, Beneficiaries, Damages, Post-Judgment Interest, Reversal

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

See all updates »

Massachusetts Court Awards Trebling of Late Wage Payments as Damages under Wage Act

Many state wage-and-hour laws require that employers adhere to strict time requirements regarding payment of compensation owed upon termination, but the Massachusetts high court recently took that to another level…more

Compensation, Hiring & Firing, MA Supreme Judicial Court, Termination, Vacation Pay

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Guide to Reviewing Your Estate Plan

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,…more

Documentation, Estate Planning, Estate Tax, Fiduciary, Life Insurance

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Massachusetts Public Health Council Approves Hospital Occupancy Reporting Requirements

On Friday, May 3, 2024, Massachusetts’s Public Health Council (PHC) approved emergency amendments to 105 CMR 130.000 requiring hospitals to report occupancy data to the Department of Public Health. This requirement extends data…more

Coronavirus/COVID-19, Data Reporting, Department of Health and Human Services (HHS), Hospitals, Public Health

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Five Important Things to Consider When You Receive a Third-Party Subpoena

So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities. For federal cases, Federal…more

Confidential Information, Federal Rules of Civil Procedure, Jurisdiction, Objections, PHI

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In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’…more

Compelled Speech, First Amendment, Fourteenth Amendment, Government Speech Doctrine, Governor Abbott

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When the Payor is Also the Decisionmaker in ERISA Benefits Lawsuits Under 29 U.S.C. § 1132(a)(1)(B)

When the same health plan administrator both administers a benefit plan and pays the benefits due under the plan, it is considered by courts to have a structural conflict of interest. That conflict of interest is not…more

Benefit Plan Sponsors, Breach of Duty, Conflicts of Interest, Denial of Benefits, Employee Retirement Income Security Act (ERISA)

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Retail Apocalypse Part II? What Trade Creditors and Landlords Can Do To Protect Themselves

At the outset of the Covid-19 pandemic, some commentators were preparing for a mass extinction event in the retail industry, characterized by hundreds of brick-and-mortar store closings, massive job losses, and numerous…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Credit Insurance

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Year in Review: Key Regulatory Updates in 2023

The hospice industry saw many regulatory changes in 2023. In this episode of Hospice Insights: The Law and Beyond, Husch Blackwell's Meg Pekarske, Andrew Brenton, and Adam Royal discuss some of the main regulatory changes from…more

Health Care Providers, Home Health Care, Hospice, Long Term Care Facilities, Physicians

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Schedule 3 Marijuana Alert: DEA Publishes NPRM

On May 16, the Drug Enforcement Administration (“DEA“) published its 92-page notice of proposed rulemaking (“NPRM“) to move marijuana from schedule 1 on the Controlled Substances Act (“CSA”) to schedule 3 (ironically, the…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Food Drug and Cosmetic Act (FFDCA)

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Further SEC And Delaware Guidance On COVID-19 Disclosure And Shareholder Meeting Impacts

The U.S. Securities & Exchange Commission (SEC) has made numerous statements providing additional guidance relating to the COVID-19 public health crisis, and the governor of Delaware has also clarified some points of state law…more

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EEOC Finalizes Workplace Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received…more

Anti-Harassment Policies, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act, Protected Class

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Petition Summary: Ferrosilicon from Federative Republic of Brazil, the Republic of Kazakhstan, Malaysia, and the Russian Federation

On March 28, 2024, CC Metals and Alloys, LLC (“CCMA”) and Ferroglobe USA, Inc.(“Ferroglobe”) (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on ferrosilicon from the Federative…more

Anti-Dumping Duty, Brazil, Countervailing Duties, Imports, International Trade Commission (ITC)

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Politico’s Bombshell Article on the CDC and COVID Requirements: Five Takeaways For Health Care Leaders

On May 30, 2022, Politico published an article with the headline: America’s Hospital Regulator Wasn’t Designed for a Pandemic.” The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to…more

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

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

See all updates »

OSHA Pursues Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance and Unions Urge Enhancements to Final COVID-19 Safety Standard for Healthcare Workplace

The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries…more

Bureau of Labor Statistics, Coronavirus/COVID-19, Healthcare Workers, Home Health Care, Nurses

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A Few Reminders About Venue

Whether initiating litigation or defending against a recently filed suit, venue needs to be front of mind. Venue issues have been a popular topic recently as parties have attempted to seek out venues as a means of selecting a…more

Domicile, Judicial Districts, Residency Requirements, Venue, Waivers

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Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases

The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the…more

Asbestos, Asbestos Litigation, Breach of Warranty, Federal Contractors, Government Contractor Defense

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The Justice Insiders Podcast: Using External Resources for Internal Investigations

Host Gregg N. Sofer welcomes Husch Blackwell’s Christopher Budke and Rick Shimon to the podcast to discuss when, why, and how corporate legal departments should turn to external investigators to execute internal…more

Cooperation, Government Investigations, Internal Investigations, White Collar Crimes

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Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences

Hospices have been the target of increased government scrutiny in 2023, and the Centers for Medicare and Medicaid Services (CMS) is planning to take further aim in 2024 through surveys. Join Husch Blackwell’s Meg Pekarske, Emily…more

Centers for Medicare & Medicaid Services (CMS), Dispute Resolution, Health Care Providers, Home Health Care, Hospice

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Car Break-Ins Expose Shocking Vehicle Vulnerabilities and Spark Multidistrict Litigation: A $200M Settlement Reached by Kia and Hyundai

A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective vehicles…more

Automotive Industry, Class Action, Consumer Fraud, Consumer Rights Directive, Hyundai

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IRS Extends 2021 Tax Filing Deadline For Texas Taxpayers Impacted By Winter Storm

Following an announcement from the Internal Revenue Service (IRS) on February 22, 2021, Texas residents and business owners suffering from the February 2021 winter storm will now have until June 15, 2021, to file certain tax…more

Comptroller, FEMA, Filing Deadlines, IRS, Popular

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Construction Stormwater Permitting in Virginia

Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes, Virginia…more

Construction Permits, Department of Environmental Quality, Environmental Policies, Industrial Storm Water Permit, Land Developers

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Missouri Last In The Nation To Roll Out Prescription Drug Monitoring Program

Missouri’s Senate advanced Senate Bill 63 this week in a move to become the last state in the Nation to create a Prescription Drug Monitoring Program (“PDMP”). The bill would establish a Joint Oversight Task Force for…more

Controlled Substances, Governor Parson, Pharmaceutical Industry, Prescription Drugs

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Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private…more

Coronavirus/COVID-19, Corporate Counsel, Due Process, Employer Mandates, Equal Protection

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SPACs Offer New Investment Opportunities For Energy Industry

Much has been written and discussed in the last several months about SPACs, or special purpose acquisition companies. What is a SPAC, and what are the possible applications of this capital raising and acquisition strategy in…more

Acquisitions, Energy Sector, Environmental Social & Governance (ESG), Fossil Fuel, Greenhouse Gas Emissions

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CFPB and DOJ Joint Statement Signals Increased Fair Lending Scrutiny for Noncitizen Borrowers

The Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) have issued a new joint statement focused on anti-discrimination in lending practices as they relate to noncitizens. This guidance not only…more

Assessment, Borrowers, Consumer Financial Protection Bureau (CFPB), Credit Discrimination, Department of Justice (DOJ)

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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The Future of Hospital at Home

The Acute Care Hospital at Home model (ACHAH) provides traditional hospital inpatient acute-level services at home. Prior to the pandemic a Centers for Medicare and Medicaid pilot study yielded positive results with respect to…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Home Health Care, Hospitals, Public Health Emergency

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Toxic Tort Monitor: Affidavits Of Deceased Plaintiff Admitted Under Residual Exception To Hearsay

In July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of admissibility under…more

Admissible Evidence, Affidavits, Asbestos, Deceased, Declaration

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Michigan Court Reinstates Minimum Wage and Sick Leave Initiative Unconstitutionally Amended by State Legislature

On July 19, 2022, in the decision, Mothering Justice et al., v. Dana Nessel et al. (Nessel), the Michigan Court of Claims (Court) held that in 2018 the Michigan Legislature unconstitutionally amended two voter-initiatives, the…more

Accrued Benefits, Covered Employer, Minimum Wage, Paid Leave, Sick Leave

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Solar for All Grant Deadlines Approaching Fast

Governments, tribes, and nonprofits wanting to improve solar energy infrastructure have a new tool in their toolkit. On June 28, 2023, the EPA published the Notice of Funding Opportunity (NOFO) for the Solar for All grant…more

Charitable Donations, Environmental Protection Agency (EPA), Federal Funding, Grants, Greenhouse Gas Emissions

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COVID-19 Hospice How-To Series: Taking Advantage of the Temporary Quality Reporting Data Submission Relief

On March 22, 2020, the Centers for Medicare and Medicaid Services (“CMS”) temporarily lifted the requirements for hospices to submit Hospice Item Set (“HIS”) data and hospice Consumer Assessment of Healthcare Providers and…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Infectious Diseases

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Advancing Military Mental Health

Research into psychedelic-assisted therapy receives funding in the National Defense Authorization Act for Fiscal Year 2024. In an epoch marked by rapid innovation in mental health treatments, a paradigm shift is on the…more

Clinical Trials, Mental Health, Military Service Members, NDAA, Plant Based Products

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Congress Hears A Whois

In 2018, the European Union enacted the General Data Protection Regulation (GDPR) on data protection and privacy; however, after over two years following the global redaction of most public Whois data in response to the GDPR,…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, EU, General Data Protection Regulation (GDPR), ICANN

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Surplus Funds from Tax Sales are a Property Interest

On May 25, 2023, the U.S. Supreme Court held that a Minnesota county’s retention of the excess proceeds from sale of a homeowner’s property to satisfy a tax lien violated the Takings Clause. This decision recognizes that surplus…more

Abandonment, Asset Seizure, Eminent Domain, Fifth Amendment, Forfeiture

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Temporary Emergency Rate Increases For the Nursing Facility Program (Attestation Form)

On June 24, 2020, Texas Health and Human Services Commission (HHSC) published guidance, in the form of an information letter, to Nursing Facility (NFs) Providers (“Providers”), detailing the approval of Temporary Emergency Rate…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicaid, Medicare

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IRS Takes Aim at High Earners, Large Partnerships, and Corporations Using AI

When the Inflation Reduction Act was passed last year, the legislation included massive funding increases for the Internal Revenue Service (IRS). The initial narratives regarding the funding increases focused primarily on…more

Artificial Intelligence, Audits, Balance Sheets, Federal Funding, Inflation Reduction Act (IRA)

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Massachusetts Department of Public Health Announces New Initiative to Advance Racial Equity

At the March 13, 2024 Public Health Council meeting, the Department of Public Health’s inaugural Assistant Commissioner for Health Equity, Dr. Hafsatou Diop, MD, MPH, presented DPH’s Strategic Plan to Advance Racial Equity…more

Equity, Healthcare, Public Health, Racial Bias, State Health Departments

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0.005% of National Revenue from Philadelphia County Held Sufficient to Support Venue

Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate…more

Improper Venue, Motion to Dismiss, PA Supreme Court, Pennsylvania, Physical Presence Test

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Eastern District of Texas Invalidates Parts of Implementing the No Surprises Act

On July 26, 2022, Judge Jeremy Kernodle of the Eastern District of Texas affirmed that certain parts of the Interim Final Rule Part II implementing the No Surprises Act (the Act) were invalid. This ruling is nearly identical to…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Interim Final Rules (IFR), Surprise Medical Bills, Texas

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Rep And Warranty Insurance Has Growing Popularity In PE Deals

Private equity buyers have become a significant player in the healthcare M&A space and they continue to focus on those types of healthcare services that have the greatest opportunities for aggregating. Traditional health system…more

Acquisitions, Mergers, Private Equity, Representations and Warranties Insurance

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Pretty-Privilege: The Ugly Truth About Appearance Discrimination

In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as…more

Americans with Disabilities Act (ADA), Civil Rights Act, Employee Training, Employment Discrimination, Hiring & Firing

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Toxic Tort Monitor – January 2018

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in…more

Abuse of Discretion, Appeals, Asbestos Litigation, BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

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Benefits of Succession Planning

Succession planning is a critical process for a business owner that can ensure the long-term sustainability and success of a company. Here are just a few of the benefits that can be gained from a well-structured plan…more

Business Continuity Plans, Business Succession, Business Transfer Agreements, Estate Planning, Family Businesses

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Supreme Court Rejects an Objective Standard for False Claims Act Inquiries

The False Claims Act imposes liability for false and fraudulent claims a defendant submitted with the requisite state of mind, or scienter. Before the Supreme Court handed down its June 1, 2023, decision in the combined…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education

On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide an…more

Bullying, Certifications, Civil Rights Act, Department of Education, Disabilities

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SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes to…more

Amended Rules, Depositions, Discovery, Discovery Rule, Electronically Stored Information

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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Employer Compliance: Illinois Issues Proposed Regulations Regarding Equal Pay Registration Certificate

On May 20, 2022, the Illinois Department of Labor released the anticipated proposed administrative rules to implement Section 11 of the Illinois Equal Pay Act (IL EPA) requiring businesses of 100 or more employees to file an…more

Compliance, Employer Liability Issues, Equal Pay, Illinois, Job Descriptions

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Federal Court In Washington Holds Risks Of Take-Home Asbestos Exposure Were Not Foreseeable Prior To 1955

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. Jack v. Borg-Warner Morse TEC, LLC,…more

Asbestos, Asbestos Litigation, Mesothelioma, Take-Home Exposure, Toxic Exposure

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Confidentiality of Substance Use Disorder Records: HHS Finalizes Changes to Part 2 Rule

On February 8, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) finalized long-awaited modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42…more

CARES Act, Compliance, Confidentiality Policies, Department of Health and Human Services (HHS), Final Rules

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Significant Change in Medicare Enrollment Risk Categories for SNFs

The Affordable Care Act mandated that the Centers for Medicare and Medicaid Services (“CMS”) establish risk categories for Medicare enrollment, which are used by CMS to determine what level of scrutiny to give provider…more

Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Enrollment, Fingerprints, Medicare

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EPA’s e-RIN Program Stalls

The U.S. Environmental Protection Agency (“EPA”), which administers the federal renewable fuels program known as the Renewable Fuel Standards (“RFS”), has been grappling with the best approach to incorporating electric vehicles…more

Biofuel, Electric Vehicles, Environmental Protection Agency (EPA), Renewable Energy, Renewable Fuel

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BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will exercise…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I

Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental…more

Biden Administration, Employer Liability Issues, Employment Policies, Hiring & Firing, NLRB

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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U.S. Government Imposes Over 600 Denied Parties Designations On Second Anniversary Of Russia’s Ukraine

On February 23, 2024, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and Department of State together announced more than 500 sanctions designations targeting government officials, companies, and individuals…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Popular, Russia

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Inflation Reduction Act Imposes New Tax on Buybacks

The Repurchase of Corporate Stock provision of the Inflation Reduction Act of 2022 (IRA), often called the stock-buyback provision, imposes a one percent excise tax on the repurchase or redemption of stock by covered…more

Excise Tax, Fair Market Value, Inflation Reduction Act (IRA), Share Buybacks, Stock Redemption

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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Colorado Legislature Passes First-in-Nation Artificial Intelligence Bill

Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial…more

Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Colorado, Corporate Counsel

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House Narrowly Passes H.R. 2811 Targeting Energy-Related Tax Credits

In an effort to trade an increase in the debt ceiling for spending cuts, the Republican-controlled U.S. House of Representatives has narrowly passed H.R. 2811, dubbed the Limit, Save, Grow Act of 2023. The legislation seeks…more

Biofuel, Debt Ceiling, Energy Projects, Inflation Reduction Act (IRA), Renewable Energy

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Exploring Trust Account Exposure to Bank Failure

Prompted by recent news coverage detailing the collapse of Silicon Valley Bank and Signature Bank New York, some of our clients have asked us the question: What is my exposure in the event of bank failure? In response to this…more

Beneficiaries, Deposit Insurance, FDIC, Revocable Trusts, Transfer on Death Deed (TOD)

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California Health Care Transaction Reporting Regulations Update

On November 28, 2023, the California Office of Health Care Affordability (“OHCA”) submitted proposed emergency regulations (the “Regulations”) on the reporting of certain transactions involving health care entities for review by…more

Bankruptcy Code, California, Chapter 11, Health Care Providers, Healthcare

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Cybersecurity in Healthcare: Pending Bill Calls for Tougher Protections

U.S. Senators Angus King (I-ME) and Marco Rubio (R-FL) recently introduced a bill addressing cybersecurity protections and oversight in the healthcare industry. The Strengthening Cybersecurity in Health Care Act, introduced on…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Department of Health and Human Services (HHS)

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Department Of Education Issues Controversial Guidance On Distribution of Education Stabilization Funds

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act in response to the Novel Coronavirus Disease 2019 (“COVID-19”). See H.R. 748. The CARES Act appropriated approximately $30.75…more

CARES Act, Coronavirus/COVID-19, Department of Education, Educational Institutions, ESEA

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MO Supreme Court Grants J& J’s Writ Of Prohibition In Talc Cancer Case

On Monday, the Missouri Supreme Court issued an order sustaining Johnson & Johnson’s (“J&J”) last-minute Petition for writ of prohibition to stay the trial in Vickie Forrest et al. v. Johnson & Johnson et al., Cause…more

Cancer, Due Process, Johnson & Johnson, MO Supreme Court, Writ of Prohibition

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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Supreme Court Rejects an Objective Standard for False Claims Act Inquiries

The False Claims Act imposes liability for false and fraudulent claims a defendant submitted with the requisite state of mind, or scienter. Before the Supreme Court handed down its June 1, 2023, decision in the combined…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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Apple V. Samsung

On May 24, 2018, we received the third (trial) installment in the seven year legal battle between Apple and Samsung over the design of smart phones and related devices. At issue on this go-round was a retrial solely directed to…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

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MoCRA: What’s on the horizon for PFAS?

This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s approach…more

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

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NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

Employers in the United States received a significant win on March 8, 2024 when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing…more

Final Rules, Joint Employers, NLRA, NLRB, Staffing Agencies

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Colorado Legislature Passes Children’s Data Privacy Bill

Prior to the legislature closing on May 8, Colorado lawmakers passed SB 41, which amends the Colorado Privacy Act (CPA) to add protections for children’s data privacy. If signed into law by Colorado Governor Jared Polis, it will…more

Colorado, Data Controller, Data Privacy, Duty of Care, Geolocation

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LIBOR Transition FAQs - UPDATED March 2021

With the use of LIBOR being phased out by the end of 2021 and its prevalence in corporate loans, adjustable-rate mortgages, floating rate notes, securitized products and derivatives products, nearly all lenders and borrowers…more

Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Board of Governors, Borrowers, FDIC

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Digital Marketing Takeaways from the Digital Summit – Kansas City

Stephanie Dorssom shares an excellent collection of actionable takeaways for digital marketers from the recent Digital Summit conference in Kansas City…more

Content Marketing, Content Strategy, Digital Media, LMAMKT, Marketing Perspectives

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Risk of Using Third-Party Job Posting Sites

Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with job…more

Criminal Convictions, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing, Job Offers

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Minnesota Courts Address Business Discrimination Claims: What Companies Should Know

Two recent decisions by the Minnesota Court of Appeals will impact Minnesota businesses facing potential discrimination claims under the Minnesota Human Rights Act (MHRA). In Andrea Anderson v. Aitkin Pharmacy Services, LLC,…more

Contraceptives, Discrimination, Food and Drug Administration (FDA), Human Rights Act, Pharmacies

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Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.

On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on…more

Asbestos, Damages, Jury Trial, Repudiation, State Legislatures

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Benefits of Succession Planning

Succession planning is a critical process for a business owner that can ensure the long-term sustainability and success of a company. Here are just a few of the benefits that can be gained from a well-structured plan…more

Business Continuity Plans, Business Succession, Business Transfer Agreements, Estate Planning, Family Businesses

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White House Issues AI Policies Intended to Safeguard American Interests

The White House has announced a set of binding Artificial Intelligence (AI) policies for federal agencies, which are intended to protect the privacy, rights, and safety of the American people. Other than federal contractors…more

Artificial Intelligence, Cybersecurity, Data Privacy, Federal Contractors, General Data Protection Regulation (GDPR)

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NYCAL Defendants Lose Requested Case Management Order Amendment Severing Punitive Damages

On November 4, 2022, the New York City Asbestos Litigation (NYCAL) coordinating Judge Adam Silvera issued a long-awaited decision denying defendants’ motion to sever punitive damages in asbestos claims filed in NYCAL…more

Asbestos, Asbestos Litigation, Case Management, Disparate Treatment, Punitive Damages

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Options for Changing an Irrevocable Trust

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a…more

Beneficiaries, Creditors, Decanting, Estate Planning, Fiduciary Duty

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New SEC Rules Require Climate Disclosures

On March 6, 2024, the Securities and Exchange Commission (“SEC”) adopted rules requiring registrants to disclose certain climate data in annual reports. The rules were originally proposed in 2022, and the final language…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Publicly-Traded Companies

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Deadline Approaching for Governmental Entities to Apply for DOE Electric Vehicle Charging Infrastructure and Equipment Grants

What grants are available? The Department of Energy is offering over $50 million in grants to state and local governments for electric vehicle (EV) charging infrastructure and equipment…more

Automotive Industry, Charging Stations, Deadlines, Department of Energy (DOE), Electric Vehicles

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Federal Government Issues New ERISA Disclosure Requirements: DOL guidance triggers important responsibilities for both service providers and fiduciaries

On December 30, 2021, the Department of Labor (DOL) issued a temporary enforcement policy and guidance regarding group health plan service provider disclosures under section 408(b)(2) of the Employee Retirement Income Security…more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Preparing Your Company For Sale or Investment In A Post-COVID-19 World

Now that (some of) the initial shock of the COVID-19 pandemic has worn off, many people are moving from “what happened?” to “what now?” When it comes to M&A or equity investments, uncertainty and risk-shifting have always been…more

Acquisitions, Commercial Real Estate Contracts, Coronavirus/COVID-19, Equity Investors, Mergers

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National Labor Relations Board Weighs in on Common Employment Agreement Provisions

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation, non-disclosure,…more

Confidential Information, NLRA, NLRB, Non-Compete Agreements, Non-Disclosure Agreement

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Toxic Tort Monitor – January 2018

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in…more

Abuse of Discretion, Appeals, Asbestos Litigation, BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

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340B Update: HRSA Notifies Six Manufacturers That They Are In Violation Of The 340B Statute

Since mid-2020, many pharmaceutical manufacturers have introduced policies that scope their offering of 340B pricing, including limiting contract pharmacy arrangements and requiring covered entities to submit claims data. These…more

Covered Entities, Drug Pricing, HRSA, Manufacturers, Pharmaceutical Industry

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Texas Franchise Tax Updates for 2024

The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the…more

Franchise Taxes, REIT, State and Local Government, Tax Exemptions, Texas

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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards…more

Appellate Courts, ASTM, Copyright, Copyright Infringement, Distribution Rules

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FTC Finalizes—and Then Pauses—CARS Rule Impacting Dealers, Auto Finance Companies

On December 12, 2023, the Federal Trade Commission (FTC) announced it has finalized the Combating Auto Retail Scams Rule (CARS Rule), which imposes various obligations affecting dealers’ sales practices and will also impact…more

Add-ons, Car Dealerships, CARS Rule, Dealers, Disclosure Requirements

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Missouri Joins Growing List of States Legalizing the Adult Use of Recreational Marijuana: What This Means for Missouri Employers

The voters of Missouri have spoken. During the 2022 Midterm Election, voters passed Amendment 3—a ballot measure legalizing the possession, use, and sale of marijuana to adults 21 years of age or older in the Show-Me-State…more

Decriminalization of Marijuana, Employer Responsibilities, Marijuana, Medical Marijuana, Recreational Use

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Construction Stormwater Permitting in Virginia

Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes, Virginia…more

Construction Permits, Department of Environmental Quality, Environmental Policies, Industrial Storm Water Permit, Land Developers

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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U.S. Electrical Grid and Renewables – Vulnerability to Cyber Attacks

As discussed previously in this blog, physical attacks against substations have been on the rise. However, the U.S. power grid is also vulnerable to cyberattacks from U.S. adversaries, which includes hostile foreign governments,…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Data Breach, Department of Energy (DOE)

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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Ride The “Green Wave” With Caution: Enforcement Against Companies Selling CBD Products Continues

With the legalization of industrial hemp, many are eager to jump into the booming market for cannabidiol (CBD) and hemp-infused products. However, for manufacturers and retailers of ingestible CBD products in particular, it is…more

Cannabidiol (CBD) oil, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Hemp

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Lenders Should Prepare Now For The Distressed-Debt Aftershock Of COVID-19

Just as aftershocks always follow a large earthquake, financial crises can also generate shocks that roil balance sheets long after the initial onset of crisis. The consequences can be particularly devastating for those…more

Coronavirus/COVID-19, Financial Services Industry, Infectious Diseases, Lenders

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10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Diversity, Hostile Environment

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Staying Prepared: Hospices and the False Claims Act, Part III - Success in False Claims Act Lawsuits

In this third episode of the Husch Blackwell Hospice Team’s “Hospice and the False Claims Act” series, Meg Pekarske, Bryan Nowicki, Jody Rudman and Brian Flood discuss the process and path of a False Claims Act (FCA) lawsuit…more

False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Hospice

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Celsius Bankruptcy Update: Who Owns the Crypto?

On June 12, 2022, one of the largest crypto lenders in the nation, New Jersey-based Celsius Networks, froze all withdrawals and transfers between its various customer accounts, citing “extreme market conditions,” which in…more

Bankruptcy Code, Bankruptcy Court, Cryptocurrency, Debtors, Digital Assets

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Remote Court Proceedings Will Continue In Cook County

Remote court proceedings will continue in Cook County due to the COVID-19 pandemic. In July, Judge James Flannery of the Law Division of the Cook County Circuit Court signed General Administrative Order 20-6, providing guidance…more

Case Management, Coronavirus/COVID-19, Discovery, Jury Trial, Remote Hearings

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The Critical Minerals Supply Chain: A Growing Challenge for the U.S.

The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the United States. A recent Aspen…more

Clean Energy, Energy Sector, Environmental Policies, Minerals, Mining

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Eleventh Circuit Eviscerates TCPA Class Action Settlement

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in consolidated…more

ATDS, Auto-Dialed Calls, Class Action, Do Not Call List, Facebook

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FDIC's Continued Focus on RESPA Section 8 Violations: What Bank and Non-Bank Lenders Should Know

It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024 Consumer…more

Consumer Financial Protection Bureau (CFPB), FDIC, FTC Act, HUD, Mortgage Brokers

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Updated: Making Sense of Chicago's Paid Leave Ordinance

In the late night hours of November 9, 2023, the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, a first-of-its-kind piece of legislation requiring employers to provide up to 40 hours of…more

Accrual Requirements, City of Chicago, Covered Employees, Local Ordinance, Paid Leave

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Insights from the 2019 Renewable Fuels Association National Ethanol Conference

The Renewable Fuels Association National Ethanol Conference (NEC) concluded on February 13. During the last few quarters, ethanol margins have been at the lowest levels in many years resulting in reduced production and the…more

Biodiesel, Biofuel, Ethanol, Renewable Fuel

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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The Labor Law Insider: What Just Happened, and What's Next? 2023 Labor Law Retrospective, Part II

This episode of the Labor Law Insider concludes our discussion on the changes wrought by the National Labor Relations Board (NLRB) in 2023 and their implications for employers in 2024 and beyond. Adam Doerr and Rufino Gaytán…more

Employer Liability Issues, Hiring & Firing, Labor Reform, Labor Regulations, Labor Relations

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Federal Appeals Court Rules That Florida’s STOP W.O.K.E. Act is Unconstitutional

In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act is unconstitutional. The court noted that Florida’s defense of the law’s…more

Appellate Courts, Discrimination, Diversity, First Amendment, Florida

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CMS Imposes First Price Transparency Rule Penalties

The Price Transparency Rule (the Rule) became effective on January 1, 2021. By October 2021, the Centers for Medicare & Medicaid Services (CMS) had issued warnings to over 300 hospitals deemed not in compliance with the Rule…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Health Care Providers, Hospitals, Noncompliance

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Employers Have Limited Extension For Payment Of Social Security Taxes

Pursuant to the CARES Act, many employers took advantage of the ability to defer payment of the employer portion of certain social security taxes that were otherwise due during 2020. Some have asked questions about whether these…more

CARES Act, Consolidated Appropriations Act (CAA), Employer Liability Issues, Moratorium, Social Security Taxes

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Washington Court of Appeals Applies Common Sense Limits on Consenting to Personal Jurisdiction

Where a case is filed can sometimes be as important as the facts of the case itself. The Washington Court of Appeals, recently revisited specific jurisdiction in the context of consent in Bradley v. Globus Medical, Inc…more

Appeals, Appellate Courts, Lack of Jurisdiction, Personal Jurisdiction, Washington

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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Texas Jury Renders $10 Million Verdict in Novel Corporate Practice of Medicine Case

Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed a…more

Appeals, Contract Terms, Corporate Practice of Medicine, Healthcare, Hospitals

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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City of St. Louis Issues Draft Incentives Framework

After months of analysis, the St. Louis Development Corporation (SLDC) recently published its long-awaited Summary of Incentives Analysis and Draft Future Incentives Framework (the Framework)…more

Capital Investments, Construction Project, Environmental Remediation Costs, State and Local Government, Tax Abatement

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State-By-State Guide to Ag-Gag Legislation - May 2024

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional, claiming…more

Activist, Agricultural Sector, Animal Health, Cameras, Economic Damages

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DOL Proposes Substantial Increase in Salary Threshold Levels for Overtime Exemptions

On August 30, 2023, the Department of Labor (DOL) issued a proposed rule regarding the Fair Labor Standards Act (FLSA) overtime exemptions, most notably increasing the standard salary threshold for the so-called “white collar”…more

American Samoa, Bonuses, Compensation, Department of Labor (DOL), Employee Assistance Programs

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The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I

Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental…more

Biden Administration, Employer Liability Issues, Employment Policies, Hiring & Firing, NLRB

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Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program and…more

Bald and Golden Eagle Protection Act, Conservation, Energy Sector, Incidental Take Permits, Migratory Bird Treaty Act (MBTA)

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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EEOC Issues Final Rule to the Pregnant Workers Fairness Act

New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Reasonable Accommodation

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Mental Health Parity and Addiction Equity Act: Comprehensive Final Rule Expected in 2024

In the United States, mental health (“MH”) and substance use disorder (“SUD”) (collectively “MH/SUD”) have continued to represent areas of intense concern. During the COVID-19 pandemic, the MH struggles of essential workers and…more

Addiction Equity Act, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance, Health Plan Sponsors

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4 Questions For Startups Following COVID-19 Business Disruptions

At Husch Blackwell we understand the financial hardships our startup clients are facing in the midst of the COVID-19 pandemic. We know you are facing challenges in your business and would like to recommend that you take a moment…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases

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The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards Act…more

Compensation & Benefits, Department of Labor (DOL), Executive Compensation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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EU Parliament Approves EU AI Act

Keypoint: The European Parliament voted to approve the EU’s Artificial Intelligence Act and it will enter force 20 days after publication in the EU Official Journal. On March 13, 2024, the European Parliament voted to approve…more

Artificial Intelligence, Enforcement, EU, European Commission, European Parliament

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False Claims Act Insights - Help! I Got a Civil Investigative Demand from DOJ. What Do I Do?

Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool,…more

Civil Investigation Demand, Department of Justice (DOJ), False Claims Act (FCA), Government Investigations

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2024 NCAA Compliance Report: College Athletics in Transition

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated…more

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

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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SEC Heightens Issuers' Share Repurchase Disclosure Requirements

On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the disclosure requirements relating to issuers’ repurchases of their equity securities. As outlined below, the amendments require additional…more

10b5-1 Plans, Closed-End Funds, Disclosure Requirements, Foreign Private Issuers, Regulation S-K

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Analyzing the Washington State My Health My Data Act

Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data. In early March, lawmakers in Washington state’s House…more

Biometric Information, California Consumer Privacy Act (CCPA), Consumer Protection Act, Data Collection, Data-Sharing

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Grace from CMS: Unexpected Good News on HIS and CAHPS Appeals

For a variety of unfortunate reasons, some hospices found themselves facing a 4% rate reduction for non-compliance with either Hospice Item Set (HIS) or Consumer Assessment of Healthcare Providers & Systems (CAHPS) requirements…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Home Health Agencies, Home Health Care, Hospice

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FAQ: CARES Act SBA Loan Programs - UPDATED February 2021

Congress's coronavirus financial relief package, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was the largest economic relief bill in United States history and supported individuals and businesses affected by…more

Borrowers, Business Expenses, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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Transcript Withholding and Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts from…more

Colleges, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Services Industry, Student Loans

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Massive Changes to Illinois BIPA Cases—Claims Now Accrue Per Scan Going Back As Far As Five Years

On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of…more

Biometric Information, Biometric Information Privacy Act, Damages, Employer Liability Issues, IL Supreme Court

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National Labor Relations Board Weighs in on Common Employment Agreement Provisions

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation, non-disclosure,…more

Confidential Information, NLRA, NLRB, Non-Compete Agreements, Non-Disclosure Agreement

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A Higher Power: Physician obligations to report another physician’s conduct under Wyoming law

Wyoming physicians are sometimes confronted with the awkward and difficult choice of whether to bring a colleague’s potentially unprofessional, unethical, or harmful conduct to light by making a report to a hospital’s peer…more

EMTALA, Ethical Standards, HCQIA, Healthcare, National Practitioner Data Bank (NPDB)

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Eleventh Circuit Eviscerates TCPA Class Action Settlement

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in consolidated…more

ATDS, Auto-Dialed Calls, Class Action, Do Not Call List, Facebook

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MSHA’s Final Silica Redraws the Landscape for Silica Compliance

The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable…more

Final Rules, Mine Safety and Health Administration (MSHA), Occupational Exposure, Silica, Workplace Safety

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Missouri Enacts Law To Provide Unpaid Leave For Victims Of Domestic Or Sexual Violence

Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of unpaid…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Covered Employees, Domestic Violence, Notice Requirements

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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The End of COVID-19 Form I-9 Flexibilities for Employers

On May 04, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the COVID-19 flexibilities for physically inspecting Form I-9 documentation are expiring on July 31,…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Vaccine Mandates May Require Collective Bargaining

On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers with…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Duty to Bargain, Employer Mandates

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SEC Adopts Amendments to Beneficial Ownership Reporting Rules

On October 10, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the reporting requirements relating to beneficial ownership. As outlined below, the amendments (i) shorten the deadlines to file for initial…more

Activist, Amended Regulation, Beneficial Owner, Corporate Issuers, Filing Deadlines

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The Labor Law Insider: Joint Employer Standards Changes, Part II

Host Tom Godar continues his discussion with partners Tyler Hibler and Tracy Wolf of Husch Blackwell as they discuss anticipated changes to joint employer standards by the National Labor Relations Board. The discussion also…more

Department of Labor (DOL), Employment Standards Act, Enforcement, Government Entities, NLRB

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OSHA Continues to Pursue Healthcare Workplace Violence Rule

Back in January, we posted about the Occupational Safety and Health Administration’s (“OSHA”) intention to convene a Small Business Advocacy Review Panel (“SBAR Panel”). This Panel would help decide whether OSHA should enact a…more

Healthcare Workers, OSHA, Workplace Hazards, Workplace Safety, Workplace Violence

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Supreme Court Imposes Stricter Standards on Employers to Accommodate Religious Beliefs

On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Potential Impact of Dobbs on Employer-Sponsored Health Plans

On Friday, June 24, in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overruled Roe v. Wade and held that the United States Constitution does not protect a woman’s right to terminate her…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have…more

Commercial Leases, Escape Clauses, Inspections, Landlords, Lease Termination

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FERC’S Next Big Electric Initiative

On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act,…more

Cost Allocation, Energy Sector, Federal Power Act, Federal Register, FERC

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Drafting Tips For Real Estate Purchase And Sales Agreements

When negotiating a real estate purchase and sale agreement, parties generally — and understandably — concentrate their efforts on the major deal points of their transaction. Consequently, once the agreement is signed those…more

Purchase Agreement, Real Estate Market, Real Estate Transfers, Transfer Taxes

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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False Claims Act Insights - Are We Done Here? The Unique Dynamics of FCA Settlements

Host Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those…more

Department of Justice (DOJ), False Claims Act (FCA), Whistleblowers

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Supreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove Subjective Bad Faith

On June 27, 2022, the United States Supreme Court, by a vote of 9-0, overturned the lower circuit courts’ rulings affirming the convictions of two physicians of the unlawful distribution of controlled substances. In Ruan v…more

Bad Faith, Controlled Substances, Controlled Substances Act, Good Faith, Healthcare Fraud

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WeWork Files for Bankruptcy, Seeks to Renegotiate Hundreds of Leases

On November 6, 2023, WeWork, Inc. and 516 affiliate companies each voluntarily filed petitions in the United States Bankruptcy Court for the District of New Jersey seeking protection under Chapter 11 of the United States…more

Chapter 11, Commercial Bankruptcy, Landlords, Leases, Portfolio Companies

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Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were alerted…more

Document Destruction, GAO, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), IL Supreme Court

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Uncapped Student Athlete Education-Related Benefits' Impact On Federal Student Aid

In the wake of NCAA v. Alston, a student-athlete’s education-related benefits may impact the amount of Federal Student Aid the student-athlete receives. According to the U.S. Department of Education rules, a student who…more

Aid and Attendance Benefits, Alston v NCAA, Department of Education, Federal Grants, Federal Student Aid

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Navigating Employer Responsibilities: SECURE 2.0 Act's Impact on Long-Term Part-Time Rules

The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) introduced the Long-Term Part-Time (LTPT) rules. These rules aim to address the retirement needs of long-term part-time employees who have…more

401k, Compensation & Benefits, Employee Benefits, Employer Contributions, Part-Time Employees

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SBA OHA Reverses Course And Finds Company Met SDVOSB Requirements

In an unusual turn of events, the SBA Office of Hearings and Appeals (OHA) recently reversed course and granted a Petition for Reconsideration in a case involving a challenge to the Service-Disabled Veteran-Owned Small Business…more

Department of Veterans Affairs, Motion for Reconsideration, Office of Hearings and Appeals (OHA), SBA, SDVOSB

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FEMA Funds Available For Higher Education Institutions

On March 13, 2020, the COVID-19 pandemic was declared a National Emergency by President Trump. This declaration set in motion the availability of FEMA Public Assistance Program (PAP) disaster relief funds to support educational…more

CARES Act, Coronavirus/COVID-19, Educational Institutions, FEMA, Public Assistance

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Updated Guidance On FEMA Public Assistance

In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA…more

Coronavirus/COVID-19, FEMA, Health Care Providers, New Guidance, Non-Profit Hospitals

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Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the…more

Asbestos, Asbestos Litigation, Comparative Negligence, IA Supreme Court, Liability

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CFPB Crusade Continues: Mortgage Servicers and "Junk Fees"

Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory…more

Abusive Acts, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees, Financial Services Industry

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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EPA Publishes Final Rule Revising Definition of “Waters of the United States”

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Consensus Releases Recommendations To Reduce College Athlete Injury

The second Safety in College Football Summit, held in February 2016, resulted in the recently published recommendations for Preventing Catastrophic Injury and Death in Collegiate Athletes. These recommendations detail strategies…more

College Athletes, Colleges, Sports, Student Athletes

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FERC's Generator Interconnection Queue Reform Makes Welcome Improvements, but the Devil Will Be in the Details of the Compliance Filings

On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued a landmark order that reforms the generator interconnection process in response to a clear need for nation-wide improvements due to rapidly changing…more

Electric Generation Suppliers, Energy Sector, FERC, Innovative Technology, Interconnections

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Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure

Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the…more

Asbestos, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Legal Insights for Manufacturing

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year…more

Acquisitions, Consumer Product Safety Commission (CPSC), Contract Lifecycle Management, Corporate Governance, Corporate Misconduct

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Final Countdown to FAMLI: Key Steps for Employers in Colorado

The big day is finally here! More than three years after voter approval of Colorado’s Family and Medical Leave Insurance program (FAMLI), the program goes live on January 1, 2024. For the past 12 months, employers participating…more

Colorado, Employee Benefits, Human Resources Professionals, Paid Leave, Paid Sick Leave

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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The Critical Minerals Supply Chain: A Growing Challenge for the U.S.

The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the United States. A recent Aspen…more

Clean Energy, Energy Sector, Environmental Policies, Minerals, Mining

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COBRA Subsidies Under The American Rescue Plan Act Of 2021

On March 11, President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law. Among other provisions, ARPA provides for a 100 percent COBRA subsidy for up to 6 months for anyone who lost health coverage because of an…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employer Group Health Plans

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How to Maintain Trademark Registrations in a Pandemic

U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the…more

Coronavirus/COVID-19, Extensions, Pandemic, Trademark Manual of Examining Procedure (TMEP), Trademark Registration

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President Puts Hold on Tariffs and Duties On Solar Panels and Parts of Solar Panels From Vietnam, Cambodia, Malaysia, and Thailand

On June 6, 2022, President Biden declared a national emergency (the “Declaration”) in relation to energy resources and temporarily extended the time of duty-free importation of solar panels and parts from Malaysia, Cambodia,…more

Defense Production Act, Duty Free, Imports, Joe Biden, National Environmental Policies

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Avoiding the Landmines on the Path to HealthTech Innovation

Every year, I look forward to the SXSW Interactive Health & MedTech Track, which showcases and explores the future of healthcare technology being created by innovators, entrepreneurs, and tech enthusiasts. This year is no…more

Artificial Intelligence, Clinical Trials, Emerging Technologies, Food and Drug Administration (FDA), Health Insurance Portability and Accountability Act (HIPAA)

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Minnesota Proposes Opt-Out to Federal Interest Rate Preemption under DIDMCA

On February 13, 2024, the Minnesota legislature introduced H.F. 3680, a bill that proposes to opt out of federal interest rate preemption by federally insured state-chartered banks or credit unions making consumer loans in…more

Banks, Consumer Lenders, Depository Institutions, DIDMCA, Interest Rates

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Regulatory Consistency Act Would Bring Sweeping Changes for Local Governments in Texas

The Texas Legislature approved HB 2127, the Texas Regulatory Consistency Act, on May 23, 2023, and the bill is soon expected to be signed into law by Governor Greg Abbott. Upon the Governor’s signature, HB 2127 would go into…more

Local Governance, Local Ordinance, Regulatory Agenda, State and Local Government, Texas

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New California Transparency Requirements for Substance Abuse Treatment Centers

Beginning January 1, 2022, California licensed residential substance abuse treatment facilities will be required to disclose certain licensing information to the public. SB 541 adds Health and Safety Code section 11831.12,…more

California, Drug Treatment, Healthcare Facilities, Licenses, Substance Abuse

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Open-Source Software: Benefits And Legal Risks

What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to…more

Cookies, Copyright, Licenses, Open Source Software, Pass-Through Entities

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Understanding the Unique Benefits of Beneficiary Intentionally Defective Irrevocable Trusts (BIDITs)

A Beneficiary Intentionally Defective Irrevocable Trust (BIDIT) provides a unique planning opportunity because it allows a beneficiary to continue to benefit from his or her own assets while maintaining some level of control and…more

Asset Management, Beneficiaries, Capital Gains, Estate Planning, Estate Tax

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California Enacts First-in-Nation Pharmacy Medication Error Reporting Law

On October 8, 2023, Governor Gavin Newsom signed Assembly Bill 1286 (AB 1286), a sweeping pharmacy measure with several components aimed at promoting patient safety. Chief among AB 1286’s mandates is a new law requiring that…more

Confidential Information, Governor Newsom, Medication Errors, New Legislation, Pharmaceutical Industry

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Second Circuit Maintains Key Distinctions Between Term Loans and Securities, Affirms Kirschner Decision

Last month, we reported how a key component of project finance—syndicated term loans—was the subject of a crucial case being heard in the U.S. Court of Appeals for the Second Circuit. In Kirschner v. JP Morgan Chase, the…more

Loans, Project Finance, Renewable Energy, Securities, Syndicated Loans

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SEC Sends Clear Message to Crypto Industry that Registration is Necessary

The Securities and Exchange Commission (SEC) has again flexed its regulatory might in its latest and clearest message to the cryptocurrency market that SEC registration is necessary for most decentralized financial activities,…more

Bitcoin, Cryptoassets, Decentralized Finance (DeFi), Registration Requirement, Securities and Exchange Commission (SEC)

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Funny You Should Ask: Not So Common Employment Questions - April 2021

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of our…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Masks

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Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in Federal Court

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?…more

Discovery, Expert Witness, Federal Rules of Civil Procedure, Federal Rules of Evidence, Litigation Strategies

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Federal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and Agreements

The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act (“BABA”), was signed into law by President Biden on November 15, 2021. BABA provisions apply to all Federal…more

Build America Investment Initiative, Buy America, Federal Funding, Grants, Infrastructure

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EEOC Issues Final Rule to the Pregnant Workers Fairness Act

New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Reasonable Accommodation

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Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits..…more

Article III, Class Action, Class Members, Corporate Counsel, Credit Reporting Agencies

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Exploring Forbearance Issues In The Context Of COVID-19

Overview- The lightning-fast spread of COVID-19 around the world has quickly transformed our commercial and financial outlook, ending one of the longest economic expansions in U.S. history and throwing future prosperity into…more

Coronavirus/COVID-19, Forbearance Agreements, Lenders

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Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are…more

Adverse Action, Adverse Employment Action, Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Effective January 1, 2021: City Of St. Louis Private Employers Must Comply With Ban-The-Box Ordinance

Effective January 1, 2021, private sector employers with 10 or more employees in the City of St. Louis must comply with Ordinance 71074 (the Ordinance), a ban-the-box ordinance that prohibits employers from asking job applicants…more

Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues, Hiring & Firing

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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New Federal Guidance on Employer-Sponsored Group Health Plans and Required Action Steps for 2023

The Consolidated Appropriations Act, 2021 (CAA) prohibits employer-sponsored group health plans from entering into agreements that contain so-called “gag clauses.” This prohibition generally restricts group health plans from…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

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Minnesota Expands its Fair Lending Statute to Cover Gender Identity Discrimination

Minnesota has expanded its fair lending statute to prohibit discriminating against a person in the extension of credit or in the requirements of obtaining credit because of gender identity. Prior to this amendment, the Minnesota…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Discriminatory Lending Practices, ECOA

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U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and…more

Dear Colleague Letter, Department of Education, Disability, Educational Institutions, Equal Opportunities

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Hospice Survey Overhaul: An Unwelcome Surprise in COVID Relief Bill

The latest COVID Relief and Funding law passed in December 2020 brings dramatic changes to the hospice survey process. While CMS will need to engage in future rulemaking to implement the new framework, Congress created a clear…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Relief Measures, Surveys

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Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed…more

Department of Education, Educational Institutions, Harassment, Hostile Environment, Notice of Proposed Rulemaking (NOPR)

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Closing the Gap: Medical Device Innovation, Frontline Healthcare Workers, and the Role of AI

The recent, rapid advancement of the development of artificial intelligence and machine learning (AI) has revolutionized various industries. It is unsurprising then, that at this year’s South by Southwest Conference (SXSW),…more

Artificial Intelligence, Healthcare, Healthcare Workers, Innovative Technology, Intellectual Property Protection

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Two Weeks’ Notice for the Public Health Emergency: What’s Next for Telehealth

The Department of Health and Human Services (HHS) has announced its plan to end the Federal Public Health Emergency (PHE) for COVID-19 on May 11, 2023. Due to the COVID-19 pandemic, emergency declarations, legislation, and…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Medicaid

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Everywhere a Sign: Remote Notarization in Renewable Energy Projects

The renewable energy industry is growing rapidly but it faces several challenges, including ever-increasing competition amongst developers for rights to the same land. This creates a race between developers to encumber project…more

Leases, Mineral Leases, Notarization, Remote Notarization, Renewable Energy

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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Mary T. Boyle: New Commissioner for the Consumer Product Safety Commission

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for…more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, E-Commerce, Enforcement

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Recent Wisconsin Supreme Court Decision Clarifies Parameters for Self-Help Repossessions

Key points: •The Wisconsin Supreme Court’s recent decision in Duncan v. Asset Recovery Specialists, 2022 WI 1, provides a clarifying interpretation of provisions of the Wisconsin Consumer Act (WCA) relating to repossessions…more

Breach of Contract, Creditors, Enforcement Actions, Lenders, Repossess

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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U.S. Government Imposes Over 600 Denied Parties Designations On Second Anniversary Of Russia’s Ukraine

On February 23, 2024, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and Department of State together announced more than 500 sanctions designations targeting government officials, companies, and individuals…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Popular, Russia

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in Federal Court

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?…more

Discovery, Expert Witness, Federal Rules of Civil Procedure, Federal Rules of Evidence, Litigation Strategies

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The Future of Hospital at Home

The Acute Care Hospital at Home model (ACHAH) provides traditional hospital inpatient acute-level services at home. Prior to the pandemic a Centers for Medicare and Medicaid pilot study yielded positive results with respect to…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Home Health Care, Hospitals, Public Health Emergency

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BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will exercise…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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Texas Franchise Tax Updates for 2024

The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the…more

Franchise Taxes, REIT, State and Local Government, Tax Exemptions, Texas

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Colorado Legislature Passes First-in-Nation Artificial Intelligence Bill

Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial…more

Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Colorado, Corporate Counsel

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In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’…more

Compelled Speech, First Amendment, Fourteenth Amendment, Government Speech Doctrine, Governor Abbott

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Mary T. Boyle: New Commissioner for the Consumer Product Safety Commission

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for…more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, E-Commerce, Enforcement

See all updates »

FDIC's Continued Focus on RESPA Section 8 Violations: What Bank and Non-Bank Lenders Should Know

It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024 Consumer…more

Consumer Financial Protection Bureau (CFPB), FDIC, FTC Act, HUD, Mortgage Brokers

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COVID-Related Class Actions Against Higher Education Institutions

COVID-19 has caused devastating losses—tangible and intangible—at U.S. colleges and universities. Those losses appear destined for aggravation by a tidal wave of class action litigation on the horizon. By mid-April, nearly…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Health and Safety, Infectious Diseases

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Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure…more

Asbestos, Asbestos Litigation, Duty of Care, Future Harm, Negligence

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The First Leap to Receive Approval for a Novel Approach to PTSD Treatment

On December 12, 2023, the Multidisciplinary Association for Psychedelic Studies Public Benefit Corporation (“MAPS PBC”) announced it has submitted a new drug application (“NDA”) to the FDA for the use of…more

Clinical Trials, Controlled Substances Act, DEA, Healthcare, Life Sciences

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FDA Announces New Qualified Health Claim for Yogurt Products – With Limitations

Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such…more

Advertising, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims, Product Labels

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Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in Missouri

Many long-term care residents live in Missouri nursing homes for years. But occasionally circumstances may change such that it is no longer appropriate for the resident to continue to reside at the facility. In certain cases,…more

Appeals, Health Care Providers, Healthcare Facilities, Long Term Care Facilities, Long-Term Care

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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MoCRA: Talc Testing and Sample Preparation Requirements

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each…more

Asbestos, Cosmetics, Food and Drug Administration (FDA), Health and Safety, Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

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Texas Enacts Ban on COVID-19 Vaccine Mandates from Private Employers

In the ever-evolving landscape of COVID-19 regulations, Texas has taken a unique stance with Senate Bill 7, which was signed into law by Texas Governor Greg Abbott on November 10, 2023. This legislation specifically addresses…more

Adverse Employment Action, Coronavirus/COVID-19, Employee Rights, Employer Mandates, Governor Abbott

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AI Legislation Update: April 25, 2024

Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Hiring & Firing, Machine Learning

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

See all updates »

International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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A Growing Trend: Michigan Senate Introduces Clean Fuel Standard Legislation

The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon…more

CARB, Carbon Emissions, Fuel Standards, Low Carbon Fuel Standard, Oil & Gas

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The Disposal Of Non-Economic Damage Caps In The State Of Kansas

In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in a…more

Damage Caps, Health Care Providers, Jury Verdicts, Medical Malpractice, Non-Economic Damages

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One Step Closer To The Federal Decriminalization Of Marijuana

The “Cannabis Administration and Opportunity Act,” was published today. The proposed legislation, sponsored by Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden, delivers a plan for the comprehensive…more

Controlled Substances Act, Decriminalization of Marijuana, Food and Drug Administration (FDA), Marijuana, SBA

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Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee…more

Disparate Treatment, Diversity and Inclusion Standards (D&I), Employee Retention, Employee Training, Employment Discrimination

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U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in the…more

Arbitration, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers, Federal Arbitration Act, Foreign Commerce

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Updated: Making Sense of Chicago's Paid Leave Ordinance

In the late night hours of November 9, 2023, the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, a first-of-its-kind piece of legislation requiring employers to provide up to 40 hours of…more

Accrual Requirements, City of Chicago, Covered Employees, Local Ordinance, Paid Leave

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Governor Walz Signs into Law Non-Compete Ban in Minnesota

Non-compete agreements are often an important part of a business deal or a severance agreement. Under a typical non-compete, a former employee of a company agrees not to compete with a former employer after the employment period…more

Confidentiality Agreements, Employment Contract, Governor Walz, New Legislation, Non-Compete Agreements

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Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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CFPB Levels Up: Consumer Risks in Gaming Draws Regulatory Scrutiny

If you thought virtual reality was free from real-world regulations, think again. On April 4, 2024, the CFPB released an Issue Spotlight that dives deeply into a realm the agency had not previously traversed—video games and…more

Consumer Financial Protection Bureau (CFPB), Data Collection, Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC), Fiat

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Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Beyond the Stereotype: Confronting Gender-Based Pay Discrimination Against Men

As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender…more

Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination, Pay Discrimination, Pay Equity Laws

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7 Major Revisions To Standard Form AIA Construction Contracts

The standard construction contract documents issued by the American Institute of Architects (“AIA”) are widely used in the construction industry to delegate various obligations and rights leading up to, and during, a…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contractors

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The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards Act…more

Compensation & Benefits, Department of Labor (DOL), Executive Compensation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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U.S. Government Imposes Over 600 Denied Parties Designations On Second Anniversary Of Russia’s Ukraine

On February 23, 2024, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and Department of State together announced more than 500 sanctions designations targeting government officials, companies, and individuals…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Popular, Russia

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Beneficial Ownership Reporting Under the Corporate Transparency Act

Key Points- •In December 2021, the Financial Crimes Enforcement Network (FinCEN) issued proposed regulations (Proposed Rule) that would implement the beneficial ownership reporting requirements of the Corporate Transparency…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC), New Regulations

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Understanding the Unique Benefits of Beneficiary Intentionally Defective Irrevocable Trusts (BIDITs)

A Beneficiary Intentionally Defective Irrevocable Trust (BIDIT) provides a unique planning opportunity because it allows a beneficiary to continue to benefit from his or her own assets while maintaining some level of control and…more

Asset Management, Beneficiaries, Capital Gains, Estate Planning, Estate Tax

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New York City Introduces Bill to Ban Non-Competes

In December 2023, New York governor Kathy Hochul vetoed a bill that would have banned non-compete agreements for workers in New York. Governor Hochul stated that while she recognizes the need to restrict non-compete agreements…more

City of New York, Governor Vetoes, Highly Compensated Employees, New York, Non-Compete Agreements

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2024 NCAA Compliance Report: College Athletics in Transition

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated…more

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

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Scotus to Assess the Scope of Public Employers' First Amendment Obligations

The U.S. Supreme Court has agreed to hear a First Amendment free speech and religious freedom case with potential major implications for all public employers. In Kennedy v. Bremerton School District, the Court will…more

Employer Liability Issues, Establishment Clause, First Amendment, Free Speech, Injunctive Relief

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs

On April 27, 2021, the United States Tax Court held that legal fees incurred by generic drug manufacturers in connection with “Section 271(e)(2)” patent infringement suits are deductible as ordinary business expenses and need…more

Abbreviated New Drug Application (ANDA), Appeals, Food and Drug Administration (FDA), Generic Drugs, IRS

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State-By-State Recording and Notarization Guidance: Responding to COVID-19

Notarization and recording are key step in closing transactions, but since the outbreak of COVID-19, these often overlooked components have gained renewed attention due to the difficulty of traditional recording and notarization…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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2024 NCAA Compliance Report: College Athletics in Transition

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated…more

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

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Let’s Make a Deal with DOJ: The Impact of the DOJ’s New Whistleblower Reward Program on Corporate Compliance

While Monty Hall (or for the current generation, Wayne Brady) was nowhere in sight, it was difficult not to think about the show “Let’s Make a Deal” while sitting in the audience at the American Bar Association’s 39th National…more

Compliance, Department of Justice (DOJ), False Claims Act (FCA), Relators, Securities Fraud

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New Program To Provide Relief To Restaurant Industry

The Restaurant Revitalization Funding (RRF) program, established pursuant to the American Rescue Plan Act signed into law March 11, 2021, provides eligible businesses with the opportunity to recoup a portion of their…more

American Rescue Plan Act of 2021, Business Expenses, Chapter 11, Coronavirus/COVID-19, Federal Grants

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The Rise of Unions in Banking and Finance

Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are…more

Banks, Credit Unions, Department of Labor (DOL), Financial Institutions, NLRB

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U.S. Trade Representative Releases Section 301 Review, Announces Increases in Section 301 Duties for Select Products, and Indicates that Existing Exclusions are Scheduled to Expire on May 31

As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar…more

China, Customs and Border Protection, Section 301, Supply Chain, Trade Relations

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Remote Online Notarization And COVID-19

As the novel coronavirus (COVID-19) continues to change our daily life, obtaining the notarizations required to close a real estate deal has become not only inconvenient, but imprudent. Thankfully, many states have laws that…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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European Court: Climate Inaction Violates Human Rights

On April 9, 2024, the Grand Chamber of the European Court of Human Rights (the “Court) handed down its unappealable judgment in a landmark climate case. Although directed at the Swiss government, the judgment extends to all…more

Carbon Emissions, Climate Change, EU, Greenhouse Gas Emissions, Human Rights

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Administering Irrevocable Trusts – A Checklist for Trustees

A friend, family member, or client has just created an irrevocable trust naming you as the trustee, and you may be asking yourself, “What do I do now?” Serving as a trustee comes with a lot of responsibility. Here are a few…more

Beneficiaries, EIN, Irrevocable Trusts, Life Insurance, Premiums

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0.005% of National Revenue from Philadelphia County Held Sufficient to Support Venue

Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate…more

Improper Venue, Motion to Dismiss, PA Supreme Court, Pennsylvania, Physical Presence Test

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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Return-To-Work Policies And Procedures For Startups

Many cities and states have issued guidance regarding face coverings, social distancing, and other safety measures for employees. When each state has different, rapidly evolving guidance, and sometimes conflicting guidance, this…more

Coronavirus/COVID-19, Personal Protective Equipment, Re-Opening Guidelines, Sanitation, State Labor Laws

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Georgia Supreme Court Reaffirms Consent by Registration Theory of Personal Jurisdiction

On September 21, 2021, in Cooper Tire & Rubber Company v. McCall, the Georgia Supreme Court reaffirmed the broad holding that any corporation registered to do business in Georgia is subject to general personal jurisdiction in…more

Car Accident, Due Process, GA Supreme Court, Motion to Dismiss, Out-of-State Companies

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OSHA Announces Preference for Safety Helmets over Hard Hats

On December 11, 2023, the Occupational Safety and Health Administration (“OSHA”) announced that it will be “replacing traditional hard hats used by its employees with more modern safety helmets.”…more

Construction Industry, OSHA, Personal Protective Equipment, Safety Equipment, Workplace Injury

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U.S. Trade Representative Releases Section 301 Review, Announces Increases in Section 301 Duties for Select Products, and Indicates that Existing Exclusions are Scheduled to Expire on May 31

As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar…more

China, Customs and Border Protection, Section 301, Supply Chain, Trade Relations

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Expanded Borrower Support Under The Main Street Lending Program

In an effort to provide more support for small and medium-sized businesses, on June 8, 2020, the Federal Reserve Board (Board) revised the terms of its “Main Street Lending Program” (Program). The significant changes…more

Borrowers, Federal Reserve, Lenders, Main Street Lending Programs, Main Street New Loan Facility

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Petition Summary: Ferrosilicon from Federative Republic of Brazil, the Republic of Kazakhstan, Malaysia, and the Russian Federation

On March 28, 2024, CC Metals and Alloys, LLC (“CCMA”) and Ferroglobe USA, Inc.(“Ferroglobe”) (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on ferrosilicon from the Federative…more

Anti-Dumping Duty, Brazil, Countervailing Duties, Imports, International Trade Commission (ITC)

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Dusting off the Government Shutdown Playbook

Once again, the threat of a government shutdown looms over federal contractors and grantees. If Congress does not pass a continuing resolution or other funding legislation before midnight on Saturday, agencies will lack…more

Contractors, Debt Ceiling, Federal Budget, Federal Contractors, Federal Funding

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Court Finds Solar Energy Company Is Subject to California Rosenthal FDCPA Claim

On August 30, 2023, the California Court of Appeals addressed whether the Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA) protects a non-party to an agreement to pay for electricity produced by a solar energy…more

Consumer Financial Products, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous…more

Easements, Government Entities, Independent Power Producers (IPPs), Land Owners, Land Parcels

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Heed Caution: Takeaways From the OIG's Advance Care Planning Report

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) reported in November 2022 that many providers are not complying with Medicare’s billing rules for advance care planning services. In large part,…more

Department of Health and Human Services (HHS), Hospice, Medical Billing Codes, Medicare, OIG

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Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response

In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without…more

Coronavirus/COVID-19, Immunity, Injunctive Relief, Ministerial Function, Sovereign Immunity

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line

In this Labor Law Insider podcast episode, Tom Godar is joined by Husch Blackwell attorney Sonni Nolan and firm alum Kat Pearlstone, as they conclude their exploration on protection of employees' speech under the National Labor…more

NLRA, NLRB, Offensive Language, Protected Concerted Activity, Section 7

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A Command Performant(s): RAC Audits on the Rise

Recovery Audit Contractors (RACs) have played a relatively limited role in the hospice space, often overshadowed by UPICs, SMRCs, and Center for Program Integrity audits. In this episode, Husch Blackwell’s Meg Pekarske and Bryan…more

Health Care Providers, Home Health Care, Hospice, Recovery Audit, Recovery Audit Contractors (RACs)

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Caffeine’s Wake-Up Call: Navigating Legal Risks for Highly Caffeinated Beverage Products

In the bustling landscape of consumer goods, caffeinated beverages stand out as a daily staple for millions of Americans. A recent shift towards “clean caffeine” and caffeine alternatives has further energized consumer demand…more

Beverage Manufacturers, Caffeine Products, Energy Drinks, Food and Drug Administration (FDA), Food Safety

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Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

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The Labor Law Insider: Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part II

Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB. Suddenly, minor violations of the National Labor Relations…more

Labor Regulations, Labor Relations, NLRA, NLRB, Secret Ballot

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NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York…more

Asbestos, Asbestos Litigation, Causation, Mesothelioma, New York

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Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year the…more

American Tort Reform Association (ATRA), Asbestos, Asbestos Litigation, Biometric Information Privacy Act, California

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Legal Insights for Manufacturing

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year…more

Acquisitions, Consumer Product Safety Commission (CPSC), Contract Lifecycle Management, Corporate Governance, Corporate Misconduct

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The Labor Law Insider—Dartmouth Men's Basketball Team Unionizes: Air Ball or Nothing But Net?

In part two of the discussion regarding the successful unionization of the Dartmouth University men’s basketball team, our labor law insiders Tyler Paetkau and Jason Montgomery, along with host Tom Godar, offer analysis and…more

Athletes, Basketball, College Athletes, Educational Institutions, Employee Rights

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NLRB Poised To Exterminate The Cat And Rat, According To NLRB Advice Memo

On May 17, 2019, the Office of the General Counsel (GC) released an advice memorandum dated December 20, 2018 signaling the National Labor Relations Board’s (Board) intent to continue to overturn precedent. The advice memo…more

Administrative Law Judge (ALJ), NLRA, NLRB, NLRB General Counsel, Unions

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Options for Changing an Irrevocable Trust

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a…more

Beneficiaries, Creditors, Decanting, Estate Planning, Fiduciary Duty

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Texas Supreme Court Upholds ERCOT’s Sovereign Immunity

In a forty-page opinion issued by Chief Justice Nathan L. Hecht, the Texas Supreme Court held that the Electric Reliability Council of Texas (“ERCOT”) has sovereign immunity regarding allegations of overpricing during Winter…more

Energy Sector, Fraud, ISOs, Sovereign Immunity, TX Supreme Court

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Subsurface Risk in EPC Contracts – Addressing Issues Before They Surface

Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can utilize…more

Construction Project, Contractors, Land Owners, Procurement Guidelines, Project Management

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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MoCRA: What’s on the horizon for PFAS?

This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s approach…more

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

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Missouri Enacts Law To Provide Unpaid Leave For Victims Of Domestic Or Sexual Violence

Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of unpaid…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Covered Employees, Domestic Violence, Notice Requirements

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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New NAIC Privacy Model Law Would Significantly Impact Insurer Compliance Requirements

The National Association of Insurance Commissioners (NAIC) Privacy Protection Working Group (PPWG) released Insurance Consumer Privacy Protection Model Law #674 (Model 674) on February 1, 2023. New Model 674 was expressly…more

Cybersecurity, Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Insurance Industry

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An Ounce of Prevention: Keys to Understanding and Preventing AI and Cybersecurity Risks

In this episode, Meg Pekarske is joined by Jody Rudman, the leader of Husch Blackwell’s White Collar, Internal Investigations & Compliance group, where they explore the enforcement and privacy issues surrounding artificial…more

Artificial Intelligence, Compliance Monitoring, Cybersecurity, Data Collection, Internal Investigations

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“Vernon’s Got Prospects. He’s Bona Fide.” — Understanding The Covenant Against Contingent Fees

Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales…more

Bids, Competitive Bidding, False Claims Act (FCA), Federal Contractors, Procurement Guidelines

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Watch Out For The FTC With Your #SponCon

For startups, social media can offer cheap and effective publicity. Startups must also be mindful that any advertising, including on social media, will require you to comply with federal regulations…more

Advertising, Federal Trade Commission (FTC), Social Media, Startups

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Proposed Inflation Reduction Act Regulations Exclude Biogas Upgrading Equipment

The Inflation Reduction Act’s broad tax incentives for certain investments in renewable energy sparked a flood of capital investment, hastening the development of clean energy infrastructure nationwide. According to an August…more

Biofuel, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Renewable Energy

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FDA Announces New Qualified Health Claim for Yogurt Products – With Limitations

Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such…more

Advertising, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims, Product Labels

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Dispensing Medications At Student Health Clinics

Many colleges and universities offer on-campus healthcare clinic services to their students. These student health clinics are typically staffed by a physician or advanced practice provider such as a nurse practitioner. In…more

APRNs, Colleges, Health Care Providers, Health Clinics, Pharmacies

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Indiana Legislation Impacts Mobile Workforces and Asset Acquisitions

On May 4, 2023, Indiana Governor Eric Holcomb signed legislation (Laws 2023, SB419) that, among other tax changes, included provisions to exempt from income tax nonresidents receiving compensation for employment duties performed…more

Governor Holcomb, Income Taxes, New Legislation, Non-Residents, Sales Tax

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A Year Out: Renewable Energy Developer and Investor Compliance with the Texas Lone Star Infrastructure Protection Act

It has been almost a year since Texas’ Lone Star Infrastructure Protection Act (“LIPA”) was signed into law by Governor Abbott on June 18, 2021, and took effect. In the past year, we have seen developers, tax investors, and…more

Business Codes, Business Entities, Compliance, Critical Infrastructure Sectors, Investors

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Leasing Considerations in Battery Energy Storage Projects

As the energy transition continues, battery energy storage has become an increasingly critical form of technology to support and maximize variable renewable energy resources such as wind and solar, and add a level of reliability…more

Batteries, Energy Projects, Energy Sector, Energy Storage, Interconnections

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False Claims Act Insights - Are We Done Here? The Unique Dynamics of FCA Settlements

Host Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those…more

Department of Justice (DOJ), False Claims Act (FCA), Whistleblowers

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You’ve Got Mail: CMS Physician Outreach and How to Respond to It

The Centers for Medicare & Medicaid Services (CMS) has recently started mailing letters inviting physicians to one-on-one training sessions about the Medicare hospice benefit. In this episode, Husch Blackwell’s Meg Pekarske,…more

Centers for Medicare & Medicaid Services (CMS), Hospice, Medicare, Physicians, Training

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The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I

Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental…more

Biden Administration, Employer Liability Issues, Employment Policies, Hiring & Firing, NLRB

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Florida Supreme Court Grants Review of Common Law Marriage-Before-Injury Rule on Loss of Consortium Recovery

Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of death…more

Asbestos, Common Law Marriage, FL Supreme Court, Loss of Consortium, Mesothelioma

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An Examination Of Force Majeure In Real Estate Contracts

Force majeure events will delay a party’s obligation to (i) complete construction, repairs and lease required alterations, (ii) open for business, (iii) operate for business, and (iv) to deliver possession. In order for the…more

Construction Project, Coronavirus/COVID-19, Force Majeure Clause, Real Estate Transactions

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Iowa Court Of Appeals Affirms Summary Judgment In Asbestos Litigation

The Iowa Court of Appeals recently affirmed summary judgment for both a premises owner and an installer of asbestos products pursuant to Iowa Code 686B.7(5) (2017), which provides that a defendant in an asbestos action “shall…more

Asbestos, Asbestos Litigation, Summary Judgment, Third-Party, Toxic Exposure

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MSHA Posts Template for Compliance with Surface Mobile Equipment Rule

MSHA has posted a template for compliance assistance with the Surface Mobile Equipment Rule. MSHA will begin to enforce the standard on July 17, 2024. The standard does not require operators to submit their plan to the agency,…more

Health and Safety, Independent Contractors, Mine Safety and Health Administration (MSHA), Safety Precautions, Workplace Safety

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Texas Legislature Expands Decommissioning Requirements To Solar Power Facility Agreements With Enactment Of SB 760

The Texas legislature recently passed Senate Bill 760 (“SB 760”). SB 760, which takes effect on September 1, 2021, relates to the decommissioning of solar power facilities. Under the new law, solar companies must now comply…more

Decommissioned Facilities, Energy Projects, Land Owners, Restoration Terms, Solar Energy

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Federal Trademark Decision Impacts Cannabis Industry

On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National…more

Agribusiness, Brand, Controlled Substances Act, Corporate Counsel, Marijuana Related Businesses

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Walls Closing in on Experts: Federal Court Clarifies Daubert Rulings in Asbestos Case

In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma…more

Asbestos, Asbestos Litigation, Expert Testimony, Mesothelioma, Toxic Exposure

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Angela Quinn of Husch Blackwell on aligning your firm around the client experience - Passle CMO Series Podcast

A legal client's experience is defined by conversations between individuals, one-to one-emails and all the small micro-interactions that happen every day between that client and their law firm. This creates an unenviable…more

Business Development, Client Communication, Client Retention, Client Services, Law Practice Management

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The Future of Affirmative Action in Medical School Admissions

A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with…more

Affirmative Action, College Admissions, Colleges, Diversity, Gender Discrimination

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Updated: Making Sense of Chicago's Paid Leave Ordinance

In the late night hours of November 9, 2023, the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, a first-of-its-kind piece of legislation requiring employers to provide up to 40 hours of…more

Accrual Requirements, City of Chicago, Covered Employees, Local Ordinance, Paid Leave

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Arizona Physician Practices Should Exercise Discretion In Continuing Elective Procedures In Clinics And Outpatient Treatment Centers

Recent clarifications by Arizona state officials seemingly relaxed restrictions for certain physician practices adhering to the March 21, 2020 executive order prohibiting all non-essential or elective surgeries. Such direction…more

Coronavirus/COVID-19, Elective Surgical Procedures, Health Care Providers, Physicians

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All That the Light Touches: Two EPA Funding Notices Signal an Intent to Broaden Community Solar Development

When President Jimmy Carter installed rooftop solar panels on the White House, public support for adoption of renewable energy was at a then all-time high and many imagined the possibility of rooftop solar on their own homes and…more

Clean Energy, Energy Projects, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA), Renewable Energy

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Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in 2005,…more

Damage Caps, Non-Economic Damages, OH Supreme Court, Psychological Injuries, Sexual Assault

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Updated: Making Sense of Chicago's Paid Leave Ordinance

In the late night hours of November 9, 2023, the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, a first-of-its-kind piece of legislation requiring employers to provide up to 40 hours of…more

Accrual Requirements, City of Chicago, Covered Employees, Local Ordinance, Paid Leave

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DOJ Updates FCPA Corporate Enforcement Policy

On January 17, 2023, Assistant Attorney General (AAG) Kenneth Polite, Jr. announced updates to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy. Since the inception of the FCPA Corporate Enforcement Policy…more

Anti-Corruption, Chief Compliance Officers, Compliance, Corporate Governance, Corporate Misconduct

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2024 NCAA Compliance Report: College Athletics in Transition

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated…more

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

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Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual…more

Bostock v Clayton County Georgia, Corporate Counsel, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Exemptions

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Let’s Make a Deal with DOJ: The Impact of the DOJ’s New Whistleblower Reward Program on Corporate Compliance

While Monty Hall (or for the current generation, Wayne Brady) was nowhere in sight, it was difficult not to think about the show “Let’s Make a Deal” while sitting in the audience at the American Bar Association’s 39th National…more

Compliance, Department of Justice (DOJ), False Claims Act (FCA), Relators, Securities Fraud

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A Survey Of Texas Electric System Legislative Implementation

The Texas Legislature, primarily responding to the unprecedented ERCOT system load shed event during 2021’s Winter Storm Uri, enacted far-reaching system and wholesale market reforms during its 2021 and 2023 legislative…more

Electricity, Energy Projects, Energy Sector, Power Grid, Texas

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FAQ For Lenders: Paycheck Protection Program (PPP) Loans - UPDATED July, 2020 #3

Disclaimer: This information is subject to forthcoming SBA regulations. We continue to monitor those developments, and will update this information as additional guidance becomes available. The SBA and the Treasury have…more

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

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The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein

In this episode of The Justice Insiders, we welcome Richard A. Epstein, Laurence A. Tisch Professor of Law at NYU School of Law. Host Gregg Sofer and co-host Steve Renau explore with Professor Epstein the implications stemming…more

Administrative Law Judge (ALJ), Administrative Proceedings, Dodd-Frank, Enforcement Actions, Non-Delegation Doctrine

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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Energy Tax Provisions in the Inflation Reduction Act of 2022 Audience Questions

On August 25, 2022, Husch Blackwell’s Energy team kicked off the first of a series of webinars focusing on the Inflation Reduction Act of 2022. Attendees were able to submit their most-pressing questions related to changes in…more

Brownfield Properties, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA), Tax Credits, Tax Equity

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Eastern District of Texas Invalidates Parts of Implementing the No Surprises Act

On July 26, 2022, Judge Jeremy Kernodle of the Eastern District of Texas affirmed that certain parts of the Interim Final Rule Part II implementing the No Surprises Act (the Act) were invalid. This ruling is nearly identical to…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Interim Final Rules (IFR), Surprise Medical Bills, Texas

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SEC Sends Clear Message to Crypto Industry that Registration is Necessary

The Securities and Exchange Commission (SEC) has again flexed its regulatory might in its latest and clearest message to the cryptocurrency market that SEC registration is necessary for most decentralized financial activities,…more

Bitcoin, Cryptoassets, Decentralized Finance (DeFi), Registration Requirement, Securities and Exchange Commission (SEC)

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Fifth Circuit Rules Bankruptcy Court to Abstain from ERCOT-Winter Storm Uri Case

On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the “Bankruptcy…more

Abstention, Appeals, Bankruptcy Court, Electricity Costs, Public Utility

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Massachusetts Public Health Council Approves Hospital Occupancy Reporting Requirements

On Friday, May 3, 2024, Massachusetts’s Public Health Council (PHC) approved emergency amendments to 105 CMR 130.000 requiring hospitals to report occupancy data to the Department of Public Health. This requirement extends data…more

Coronavirus/COVID-19, Data Reporting, Department of Health and Human Services (HHS), Hospitals, Public Health

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Part II, Baltimore's Key Bridge Collapsed: What Happens Next?

The second installment in our Baltimore Key Bridge collapse series examines the court proceedings that have begun to determine the liability incurred. The M/V Dali—which lost power just after midnight on March 26, 2024, before…more

Bridges, Liability, Limitations Act, Maryland, Shipping Cargo

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State-By-State Recording and Notarization Guidance: Responding to COVID-19

Notarization and recording are key step in closing transactions, but since the outbreak of COVID-19, these often overlooked components have gained renewed attention due to the difficulty of traditional recording and notarization…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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Texas Franchise Tax Updates for 2024

The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the…more

Franchise Taxes, REIT, State and Local Government, Tax Exemptions, Texas

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Year in Review: Key Regulatory Updates in 2023

The hospice industry saw many regulatory changes in 2023. In this episode of Hospice Insights: The Law and Beyond, Husch Blackwell's Meg Pekarske, Andrew Brenton, and Adam Royal discuss some of the main regulatory changes from…more

Health Care Providers, Home Health Care, Hospice, Long Term Care Facilities, Physicians

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An Ounce of Prevention: Keys to Understanding and Preventing AI and Cybersecurity Risks

In this episode, Meg Pekarske is joined by Jody Rudman, the leader of Husch Blackwell’s White Collar, Internal Investigations & Compliance group, where they explore the enforcement and privacy issues surrounding artificial…more

Artificial Intelligence, Compliance Monitoring, Cybersecurity, Data Collection, Internal Investigations

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Final Countdown to FAMLI: Key Steps for Employers in Colorado

The big day is finally here! More than three years after voter approval of Colorado’s Family and Medical Leave Insurance program (FAMLI), the program goes live on January 1, 2024. For the past 12 months, employers participating…more

Colorado, Employee Benefits, Human Resources Professionals, Paid Leave, Paid Sick Leave

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Steer Clear With Your Beer Branding

Avoiding Trademark Disputes in the Alcoholic Beverage Industry- In the first installment of our series on trademark disputes in the alcoholic beverage industry, we identified the risks facing industry participants on the…more

Beer, Beverage Manufacturers, Brand, Trademark Registration, Trademarks

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In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’…more

Compelled Speech, First Amendment, Fourteenth Amendment, Government Speech Doctrine, Governor Abbott

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ESG Due Diligence Considerations in the Healthcare Industry

Environmental, Social and Governance (ESG) strategy is an increasingly more common consideration for those undertaking healthcare M&A or capital investments. The nature of healthcare poses unique ESG risks in terms of community…more

Capital Investments, Cybersecurity, Diversity and Inclusion Standards (D&I), Due Diligence, Environmental Social & Governance (ESG)

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Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year the…more

American Tort Reform Association (ATRA), Asbestos, Asbestos Litigation, Biometric Information Privacy Act, California

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The Invitation to Streamline Cybersecurity Regulations

Keypoint: To advance the National Cybersecurity Strategy, the Office of the National Cyber Director is soliciting public comments to harmonize cybersecurity regulations, with comments due by October 31, 2023. In March 2023, the…more

Collaboration, Comment Period, Critical Infrastructure Sectors, Cyber Threats, Cybersecurity

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What’s in Your “THC Beverages”?

In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and I…more

Cannabidiol (CBD) oil, Cannabis Products, Controlled Substances Act, Farm Bill, Hemp

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed…more

Department of Education, Educational Institutions, Harassment, Hostile Environment, Notice of Proposed Rulemaking (NOPR)

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The New York marijuana business application window has opened, but will be over in a ‘New York minute’

After months of anticipation, the New York State Office of Cannabis Management began accepting applications for five (5) types of licenses this week: cultivator, processor, distributor, and microbusiness. This is generally how…more

Agribusiness, Business Licenses, Dispensaries, Farmers, General-Business

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Hold the Sauce! Nebraska Denies Tax Exemption for University Food Court

In the latest skirmish in an ongoing battle between taxing authorities and institutions of higher education, the Nebraska Tax Equalization and Review Commission recently affirmed a decision that denied a property tax exemption…more

Property Tax, Public Purpose, State Tax Equalization Boards, State Taxes, Tax Exemptions

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The Labor Law Insider: Better Change Your Policies, Part II

In Part II, Husch Blackwell's Labor Law Insiders Tyler Paetkau and Olga Savage continue their discussion with host Tom Godar regarding the shifting standards applied by the National Labor Relations Board to traditional…more

Employer Liability Issues, Employment Policies, NLRB

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MoCRA: What’s on the horizon for PFAS?

This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s approach…more

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

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Jury Returns Defense Verdict in Third Post-Pandemic Ovarian Cancer Talc Trial

On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian…more

Asbestos, Cancer, Johnson & Johnson, Lack of Evidence, Personal Care Products

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ICYMI: 5 Things Every GC Should Know About Their IT Environment

If you missed our eDiscovery Solutions team’s presentations last year in St. Louis and Kansas City—Five Things Every GC Should Know about their IT Environment—fear not, we have the recap for you here. First, understanding why…more

Discovery, Document Productions, Electronically Stored Information, Email, Search Terms

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Indiana Legislation Impacts Mobile Workforces and Asset Acquisitions

On May 4, 2023, Indiana Governor Eric Holcomb signed legislation (Laws 2023, SB419) that, among other tax changes, included provisions to exempt from income tax nonresidents receiving compensation for employment duties performed…more

Governor Holcomb, Income Taxes, New Legislation, Non-Residents, Sales Tax

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Part III: Baltimore Key Bridge Collapse, Short and Long-term Eastern Port Impact

The third installment in our Baltimore Key Bridge Collapse series (see Part I and Part II) examines the short- and long-term Eastern port impact, including the temporary increase in cargo volume and the Federal Maritime…more

Bridges, Federal Maritime Commission, Maryland, Ports, Shipping Cargo

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Understanding Key Differences Between Guardians and Special Needs Trustees

Individuals with a disability or special needs (hereafter, the “individual”) frequently have a team of people providing them the care and assistance they require. For families managing this care team, there is an understandable…more

Asset Management, Conservators, Guardians, Special Needs Trust, Succession Planning

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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A Valentine’s Day Treat for California Employees — Employers Must Notify Employees that Non-Compete Provisions Are Void by February 14, 2024

A new California law requires employers to notify all current and former employees if any signed employment agreement (e.g., offer letter, non-disclosure agreement, employment contract), contains an invalid post-employment…more

California, Employment Contract, Former Employee, Non-Compete Agreements, Non-Disclosure Agreement

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Why the FDIC's Consumer Compliance Supervisory Highlights Should Be on Your Reading List

Similar to the Consumer Financial Protection Bureau’s Supervisory Highlights, the Federal Deposit Insurance Corporation (FDIC)’s Consumer Compliance Supervisory Highlights should be on your reading list. While the FDIC has…more

Anti-Discrimination Policies, Compliance, Consent Order, Credit Builder Loans, Deposit Insurance

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Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure…more

Asbestos, Asbestos Litigation, Duty of Care, Future Harm, Negligence

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FIRRMA Brings Important Changes To Foreign Investment In Energy Projects

A new legislation signed into law in August, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), will expand vastly the types of foreign investment transactions that the Committee on Foreign Investment in the…more

CFIUS, Critical Infrastructure Sectors, FIRRMA, Foreign Acquisitions, Foreign Investment

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The Justice Insiders Podcast: Using External Resources for Internal Investigations

Host Gregg N. Sofer welcomes Husch Blackwell’s Christopher Budke and Rick Shimon to the podcast to discuss when, why, and how corporate legal departments should turn to external investigators to execute internal…more

Cooperation, Government Investigations, Internal Investigations, White Collar Crimes

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U.S. Trade Representative Releases Section 301 Review, Announces Increases in Section 301 Duties for Select Products, and Indicates that Existing Exclusions are Scheduled to Expire on May 31

As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar…more

China, Customs and Border Protection, Section 301, Supply Chain, Trade Relations

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Starting June 1, 2022, Illinois Right of Conscience Law Does Not Apply to COVID-19 Measures

On Wednesday, October 27, 2021, in a vote of 64-52 the Illinois House passed an amendment to the Illinois Health Care Right of Conscience Act (Act) that would allow employers to enforce work rules and policies relating to…more

Coronavirus/COVID-19, Health Care Providers, Illinois, Religious Accommodation, State and Local Government

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Toxic Tort Monitor: New Missouri Discovery Rules

Recently, the Missouri legislature passed Senate Bill 224 outlining a brand new set of discovery rules for Missouri state-court cases. These new rules represent a comprehensive revision to the existing rules and make the…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Privileged Communication, Work-Product Doctrine

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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CFPB Crusade Continues: Mortgage Servicers and "Junk Fees"

Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory…more

Abusive Acts, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees, Financial Services Industry

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Kansas City Mayor Quinton Lucas Issues "Soft Re-Opening" Order And Guidance

On April 30, Mayor Lucas issued the “10/10/10 Soft Re-Opening” Order. The Order permits certain business activities to resume with certain conditions in place in order to protect public health. The Order applies everywhere…more

Coronavirus/COVID-19, Health and Safety, Re-Opening Guidelines, Social Distancing, Workplace Safety

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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Why Getting The Wrong Result In Arbitration May Be What You Bought

Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry

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Wisconsin's Updated Safer-At-Home Order: Opening The Door For Business To Resume?

On April 16, 2020, Wisconsin Governor Tony Evers directed the Department of Health Services to extend the state’s “Safer-At-Home” Order until 8:00 a.m. on Tuesday, May 26, 2020. While the order maintained most of the provisions…more

Coronavirus/COVID-19, Executive Orders, Governor Evers, minimum-operations, Shelter-In-Place

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Understanding Key Differences Between Guardians and Special Needs Trustees

Individuals with a disability or special needs (hereafter, the “individual”) frequently have a team of people providing them the care and assistance they require. For families managing this care team, there is an understandable…more

Asset Management, Conservators, Guardians, Special Needs Trust, Succession Planning

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Tennessee Supreme Court Implicitly Adopts The “Bare Metal Defense”

The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the…more

Asbestos, Asbestos Litigation, Bare Metal Defense, Duty to Warn, Summary Judgment

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CMS Imposes First Price Transparency Rule Penalties

The Price Transparency Rule (the Rule) became effective on January 1, 2021. By October 2021, the Centers for Medicare & Medicaid Services (CMS) had issued warnings to over 300 hospitals deemed not in compliance with the Rule…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Health Care Providers, Hospitals, Noncompliance

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Changes To Federal Rules Of Evidence Broaden Hearsay Exception

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the admission…more

Admissible Evidence, Evidence, Federal Rules of Evidence, Hearsay, Hearsay Exceptions

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FDA’s Withdrawal of Temporary Guidance for Alcohol-Based Hand Sanitizers

In March 2020, the Food and Drug Administration (FDA) issued temporary guidance documents allowing for the increased production of alcohol-based hand sanitizer during the COVID-19 outbreak. Due to that guidance, most consumers…more

CGMP, Coronavirus/COVID-19, FDA Approval, Food and Drug Administration (FDA), Manufacturers

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The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF

Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX, who was convicted in late…more

Commercial Litigation, Criminal Convictions, Criminal Prosecution, Crypto Exchanges, Cryptocurrency

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Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences

Hospices have been the target of increased government scrutiny in 2023, and the Centers for Medicare and Medicaid Services (CMS) is planning to take further aim in 2024 through surveys. Join Husch Blackwell’s Meg Pekarske, Emily…more

Centers for Medicare & Medicaid Services (CMS), Dispute Resolution, Health Care Providers, Home Health Care, Hospice

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CFPB Crusade Continues: Mortgage Servicers and "Junk Fees"

Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory…more

Abusive Acts, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees, Financial Services Industry

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

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

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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M&A Time And Cost-Saving Measures: Third Party Consents In Project Development

During the course of any acquisition of a renewable energy project, the parties may be required to obtain consents from certain of the counterparties to the project contracts. This will be the case if a project contract includes…more

Anti-Assignment Clauses, Change of Control, Consent, Renewable Energy, Third-Party

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Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private…more

Coronavirus/COVID-19, Corporate Counsel, Due Process, Employer Mandates, Equal Protection

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February 1, 2023: Deadline for Eminent Domain Reporting (Even if You HAVEN'T Used It This Year)

Don’t forget to submit your report to the Comptroller. Step by step instructions on how to do so are found here. Should any changes be necessary after submission, reporting entities have up to 90 days from the date of submission…more

Comptroller, Eminent Domain, Reporting Requirements, Texas

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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Proposed State Privacy Law Update: May 13, 2024

Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on…more

Artificial Intelligence, Biometric Information, Colorado, Consumer Privacy Rights, Cybersecurity

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U.S. Supreme Court Holds Parody Trademarks to Likelihood of Confusion Standard

On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

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Memorandum of Understanding Between Governmental Labor and Employment Agencies Creates Increased Exposure for Businesses

As of September 13th, the Department of Labor’s Wage and Hour Division (DOL-WHD) is partnering with the Equal Employment Opportunity Commission (EEOC) to focus on “enhanced law enforcement” through information sharing, joint…more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Employer Liability Issues, Enforcement, Family and Medical Leave Act (FMLA)

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Arizona Court of Appeals Affirms Constitutionality of New "Predatory Debt Collection Act"

Last summer we wrote about the notable questions of the applicability of Arizona Proposition 209, or the Predatory Debt Collection Act (the Act), due to the Act’s savings clause. On April 30, 2024, in a blow to the debt…more

Appellate Courts, Arizona, Debt Collection, FDCPA, Medical Debt

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General jurisdiction by consent continues to divide as the Supreme Court takes on Mallory.

Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021) may be one of the most cited decisions in Pennsylvania state courts these days, as defendants file an array of motions seeking…more

Foreign Corporations, General Jurisdiction, Goodyear, Personal Jurisdiction, SCOTUS

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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Notice of Proposed Rulemaking – ITC and Qualified Biogas Property

On November 17, 2023, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (the “NPRM”) with respect to Proposed Regulations under section 48 of the Internal Revenue Code of 1986 (the “Code”). The NPRM…more

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

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Can You Waive Liability for Reckless Conduct? Iowa Supreme Court Finally Says No.

Earlier this year, litigants tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable “to…more

Bodily Injury, Contractual Liability Exclusions, IA Supreme Court, Recklessness, Waivers

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A Primer on Agency-Level Protests of Federal Procurements – Part II

In my previous post, I wrote about the basics of an agency-level protest. In this post, I will explore some of the main advantages and disadvantages of filing an agency-level protest. So, what are the benefits of filing an…more

Bid Protests, Bid Solicitation, COFC, Federal Contractors, GAO

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The Rise of Unions in Banking and Finance

Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are…more

Banks, Credit Unions, Department of Labor (DOL), Financial Institutions, NLRB

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Incorporating Environmental Sustainability Concepts into Commercial Real Estate Leases

Recently, there has been an uptick in Environmental, Social, and Governance (“ESG”) factors being considered and incorporated into commercial real estate transactions. As the focus on mitigating climate change has risen, the…more

Commercial Leases, Corporate Governance, Corporate Social Responsibility, ENERGY STAR Program, Environmental Social & Governance (ESG)

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Colorado Governor Orders 50% Reduction in Workforce For All Non-Critical Businesses To Mitigate COVID-19

In response to the COVID-19 pandemic, on Sunday March 22, 2020, Colorado Governor Jared Polis issued Executive Order 2020-013 (the “Executive Order”), to require Colorado employers to reduce their in-person workforces by fifty…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Remote Working

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U.S. Supreme Court Establishes Lower Bar for Discriminatory Job Transfer Actions under Title VII

On April 17, 2024, the U.S. Supreme Court unanimously held that allegedly discriminatory job transfers are actionable under Title VII of the Civil Rights Act of 1964, as amended, so long as the transfer caused “some harm” to the…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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The Supreme Court Agrees to Resolve Circuit Split on Local Official Bribery Statute

On December 13, 2023, the Supreme Court agreed to hear the appeal of ex-Portage, Indiana Mayor James Snyder. The court’s ruling will settle a circuit split involving 18 U.S.C. § 666(a)(1)(B). The statute penalizes any state or…more

Appeals, Consultants, Corruption, Illegal Gratuities, Mayors

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Guide to Reviewing Your Estate Plan

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,…more

Documentation, Estate Planning, Estate Tax, Fiduciary, Life Insurance

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Discretion No More: FDA’s New Final Rule Regulating Laboratory Developed Tests

On April 29, 2024, the Food and Drug Administration (FDA) announced a Final Rule amending regulations to make explicit that in vitro diagnostic products (IVDs) are devices under the Federal Food, Drug, and Cosmetic Act including…more

CLIA, Clinical Laboratories, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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Legal Insights for Manufacturing

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year…more

Acquisitions, Consumer Product Safety Commission (CPSC), Contract Lifecycle Management, Corporate Governance, Corporate Misconduct

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Minnesota Courts Address Business Discrimination Claims: What Companies Should Know

Two recent decisions by the Minnesota Court of Appeals will impact Minnesota businesses facing potential discrimination claims under the Minnesota Human Rights Act (MHRA). In Andrea Anderson v. Aitkin Pharmacy Services, LLC,…more

Contraceptives, Discrimination, Food and Drug Administration (FDA), Human Rights Act, Pharmacies

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ED Clarifies College/University Gramm-Leach-Bliley Act Compliance

In addition to new guidance on third-party servicers, the U.S. Department of Education clarified its expectations for higher education institutions’ compliance with the Gramm-Leach-Bliley Act (GLBA) Cybersecurity Requirements…more

Colleges, Cybersecurity, Dear Colleague Letter, Department of Education, Federal Trade Commission (FTC)

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Increased Landowner Sophistication Ramps Up Lease Negotiations In Texas

Texas property owners are becoming more knowledgeable on renewable energy as wind and solar projects continue to thrive in the state of Texas. In the early stages of renewable development, leases were not heavily negotiated and…more

Land Owners, Leases, Property Owners, Renewable Energy, Solar Energy

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U.S. Privacy Litigation Update: April 2024

Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in…more

Audio Recording, Call Centers, CIPA, Corporate Counsel, Data Privacy

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Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual…more

Bostock v Clayton County Georgia, Corporate Counsel, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Exemptions

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American Health Law Association New Publication on Emerging Issues in Health Equity in the U.S.: Legal, Legislative, and Policy Perspectives

The American Health Law Association released its Special Edition of its Journal of Health and Life Sciences Law on Emerging Issues in Health Equity in the United State: Legal, Legislative, and Policy Perspectives. The…more

AHLA, Coronavirus/COVID-19, Health Care Providers, Healthcare, Social Justice Issues

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Oklahoma Supreme Court Sets Aside $465 Million Public Nuisance Opioid Verdict

On November 9, 2021, the Oklahoma Supreme Court set aside a $465 million verdict against Johnson & Johnson (J&J) in State ex rel. Hunter v. Johnson & Johnson, 2021 OK 54. In 2017, the State of Oklahoma sued three opioid…more

Johnson & Johnson, Manufacturers, Marketing, OK Supreme Court, Opioid

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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DOJ Releases Notice of Proposed Rulemaking on Online Accessibility Requirements

On August 4, 2023, the Civil Rights Division of the U.S. Department of Justice (DOJ) published in the Federal Register a notice of proposed rulemaking (NPRM), on accessibility requirements for online and app-based services…more

Civil Rights Act, Colleges, Department of Justice (DOJ), Disabilities, Government Entities

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M&A Antitrust Update: HSR Filing Thresholds Increase and U.S. Antitrust Agencies Finalize Merger Guidelines

The Federal Trade Commission (FTC) recently announced an increase to the annual adjustment of the monetary thresholds that apply to mergers, acquisitions, and joint ventures per the Hart-Scott-Rodino Antitrust Improvements Act…more

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

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Texas Jury Renders $10 Million Verdict in Novel Corporate Practice of Medicine Case

Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed a…more

Appeals, Contract Terms, Corporate Practice of Medicine, Healthcare, Hospitals

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New Draft Merger Guidelines Complicate Deal Outlook

Consistent with the Biden administration’s whole-of-government approach to address perceived consolidation in a variety of industries, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division…more

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

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Relaxing Privacy Requirements? Department Of Health And Human Services Proposes Changes To HIPAA

On December 10, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) released a proposed rule that would revise the Health Insurance Portability and Accountability Act of 1996…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Information Blocking Rules

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Missouri Court Of Appeals Affirms: Pet Sitters Are Not Independent Contractors

On October 27, 2020, in 417 Pet Sitting, LLC v. Division of Employment Security (Pet Sitting LLC), the Western District of the Missouri Court of Appeals affirmed the decision by the Missouri Department of Labor, Labor and…more

Appeals, Department of Labor (DOL), Employer Liability Issues, Independent Contractors, Misclassification

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Is Your Aircraft Lease Agreement Ready For A Review By The FAA?

With the recently updated inspection guidance published by the Federal Aviation Administration (FAA) and “informal” letters being sent to many pilots, the FAA is signaling an effort of increased scrutiny of aircraft lease…more

Aircraft, Aviation Industry, Federal Aviation Administration (FAA), Leases

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Women’s Network—Storytelling: AHLA’s Educational and Philanthropic Mission

Stories can be powerful tools. Stories can create a sense of connection and have the power to shape the lives of both the storyteller and the listener. Stories also make ideas and experiences relatable and can encourage…more

AHLA, Diversity, Health Care Providers, Leadership, Professional Development

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2021 Texas Legislature Amends Texas Tax Code To Define Medical And Dental Billing Service And Address Texas Comptroller Policy

The Texas Legislature in April passed H.B. 1445, which adopted amendments to the Texas sales tax law regarding medical and dental billing. Governor Greg Abbott on April 30, 2021 signed the bill, which aims to clarify the state…more

Billing, Comptroller, Governor Abbott, Health Insurance, New Legislation

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Confidentiality of Substance Use Disorder Records: HHS Finalizes Changes to Part 2 Rule

On February 8, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) finalized long-awaited modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42…more

CARES Act, Compliance, Confidentiality Policies, Department of Health and Human Services (HHS), Final Rules

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Expanded Borrower Support Under The Main Street Lending Program

In an effort to provide more support for small and medium-sized businesses, on June 8, 2020, the Federal Reserve Board (Board) revised the terms of its “Main Street Lending Program” (Program). The significant changes…more

Borrowers, Federal Reserve, Lenders, Main Street Lending Programs, Main Street New Loan Facility

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Inflation Adjustments for Defense Contractors Under Section 822 of the 2023 NDAA

Section 822 of the 2023 National Defense Authorization Act, Public Law No. 117-7776 (Dec. 23, 2022) provides new authority for some defense contractors and subcontractors to obtain price increases that address the impacts of…more

Contractors, Defense Contracts, Fixed Price Contracts, Inflation Adjustments, NDAA

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EPA Publishes Final Rule Revising Definition of “Waters of the United States”

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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State-By-State Guide to Ag-Gag Legislation - May 2024

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional, claiming…more

Activist, Agricultural Sector, Animal Health, Cameras, Economic Damages

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FERC Proposes to Limit Reactive Power Compensation

On March 21, 2024, FERC issued a Notice of Proposed Rulemaking (NOPR) to revise its reactive power compensation rules to limit compensation to interconnection customers to times when the transmission provider asks the…more

Energy Sector, FERC, Interconnections, Notice of Inquiry, Notice of Proposed Rulemaking (NOPR)

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The Corporate Transparency Act Is Unconstitutional—But Not for You

On Friday March 1, 2024, the U.S. District Court for the Northern District of Alabama in NSBA v. Yellen ruled that the Corporate Transparency Act (CTA) is unconstitutional because it cannot be justified as an exercise of…more

Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Financial Crimes

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Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed…more

Department of Education, Educational Institutions, Harassment, Hostile Environment, Notice of Proposed Rulemaking (NOPR)

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CLOC 2023: Acceleration

Generative AI’s impact on legal knowledge work was certainly one of the most prominent conversations this year at the CLOC 2023 Global Institute, which focused on the Transformation of the legal industry through more robust…more

Artificial Intelligence, CLOC, Collaboration, Data Management, Legal Operations

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SCOTUS Punts on Standing: ADA “Tester” Case Dismissed for Mootness

For the past year, businesses and attorneys alike have been impatiently awaiting the U.S. Supreme Court’s decision on whether a “tester” plaintiff – a person with a disability who examines compliance with the Americans with…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Mootness, Public Accommodation, SCOTUS

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Maximizing Your Wealth Transfer Potential: Updates to Gift, Estate, and GST Tax Exemptions for 2024

When it comes to passing wealth to the next generation, one of the most powerful tools in our toolbox is the use of your lifetime gift, estate, and generation-skipping transfer tax (GST) exemption amounts. While the estate/gift…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Tax Cuts and Jobs Act, Tax Exemptions

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The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards Act…more

Compensation & Benefits, Department of Labor (DOL), Executive Compensation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Anatomy of an ESOP

ESOPs can pay fair market value for the stock: Stock purchased by an ESOP must be appraised by an independent third party expert working with a trustee for the ESOP who must also be independent from the seller. The ESOP is…more

401k, Allocation of Funds, C-Corporation, Change of Ownership, Employee Benefits

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Not Worth the [Compliance] Risk! OIG’s New Integrated Approach

On November 6, 2023, the Office of Inspector General (“OIG”) issued its long-awaited General Compliance Program Guidance (“Guidance”) “to help advance the industry’s voluntary compliance efforts in preventing fraud, waste, and…more

Audits, CEOs, Code of Conduct, Compliance, Health Care Providers

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SEC Adopts Amendments to Beneficial Ownership Reporting Rules

On October 10, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the reporting requirements relating to beneficial ownership. As outlined below, the amendments (i) shorten the deadlines to file for initial…more

Activist, Amended Regulation, Beneficial Owner, Corporate Issuers, Filing Deadlines

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Things Are Heating Up: The Top “Judicial Hellholes” For 2021-2022

The American Tort Reform Foundation (ATR) published its 2021-2022 Judicial Hellholes Executive Summary. The report highlights the most prominent jurisdictions across the United States known for allowing innovate lawsuits,…more

American Tort Reform Association (ATRA), Asbestos, Asbestos Litigation, Civil Liability, Tort Reform

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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SEC v. LBRY: Is it Time for Blockchain Networks to Register Their Native Tokens?

The New Hampshire District Court recently granted summary judgment in favor of the Securities and Exchange Commission (SEC) in SEC v. LBRY, Inc., concluding that the native token of the blockchain protocol and network developed…more

Blockchain, Decentralized Finance (DeFi), Digital Currency, Howey, Investment Contract

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SCOTUS Lifts Nationwide Injunctions on CMS Vaccine Requirement for Healthcare Workers

On Thursday, January 13th, in Joseph R. Biden et al., v. Missouri, et al., the United States Supreme Court released its decision lifting the injunctions imposed by two District Courts that had enjoined enforcement of the…more

Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers

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The CFPB Drastically Cuts The Safe Harbor Amount For Credit Card Late Fees

After much anticipation, the Consumer Financial Protection Bureau (CFPB) has issued a final rule drastically reducing Regulation Z’s safe harbor fee amount for credit card late fees to $8 for card issuers that do not qualify as…more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules, Late Fees, Regulation Z

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FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

On February 12, 2024, the Federal Financial Institutions Examination Council (FFIEC) issued a statement of principles that relate to valuation discrimination and bias for its member entities to consider in preparation for their…more

Bias, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Discrimination, Examination Procedures

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The Rise of Unions in Banking and Finance

Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are…more

Banks, Credit Unions, Department of Labor (DOL), Financial Institutions, NLRB

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U.S. Trade Representative Releases Section 301 Review, Announces Increases in Section 301 Duties for Select Products, and Indicates that Existing Exclusions are Scheduled to Expire on May 31

As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar…more

China, Customs and Border Protection, Section 301, Supply Chain, Trade Relations

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Kansas City: Why You Should Start A Business Here Before It Becomes “Cool”

Silicon Valley has been known as America’s premier innovation capital for decades. Between easy access to funding, a strong entrepreneurial network, and a long line of startups-turned-industry-giants, it is no wonder why so many…more

Entrepreneurs, Investors, Startups, Venture Capital

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Legal And Liability Issues With Allowing Students To Volunteer In Direct Patient Care

It is in human nature to want to help others, especially now. Students, particularly those in healthcare fields, may volunteer to provide clinical help in healthcare settings during this pandemic, and overwhelmed hospitals may…more

Coronavirus/COVID-19, Health Care Providers, Students

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NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York…more

Asbestos, Asbestos Litigation, Causation, Mesothelioma, New York

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Navigating Employer Responsibilities: SECURE 2.0 Act's Impact on Long-Term Part-Time Rules

The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) introduced the Long-Term Part-Time (LTPT) rules. These rules aim to address the retirement needs of long-term part-time employees who have…more

401k, Compensation & Benefits, Employee Benefits, Employer Contributions, Part-Time Employees

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Texas Enacts Ban on COVID-19 Vaccine Mandates from Private Employers

In the ever-evolving landscape of COVID-19 regulations, Texas has taken a unique stance with Senate Bill 7, which was signed into law by Texas Governor Greg Abbott on November 10, 2023. This legislation specifically addresses…more

Adverse Employment Action, Coronavirus/COVID-19, Employee Rights, Employer Mandates, Governor Abbott

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The Impact of Droz on Evidentiary Standards in Delaware

On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision This decision affirms…more

Asbestos, Asbestos Litigation, Burden of Proof, Burden-Shifting, DE Supreme Court

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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Colorado Legislature Passes Biometric Privacy Bill

Keypoint: Colorado employers and controllers that collect and process biometric data and identifiers will need to comply with disclosure, consent, and retention requirements beginning on July 1, 2025. In late April, the…more

Biometric Information, Biometric Information Privacy Act, Colorado, Consent, Disclosure Requirements

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Analyzing the Washington My Health My Data Act’s Private Right of Action

Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or…more

Consumer Privacy Rights, Corporate Counsel, Data Protection, Healthcare, New Legislation

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CMS’s New Telehealth Toolkit Arrives At Just The Right COVID-19 Time For Providers And Policy Makers

On April 23, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released a new COVID-19 toolkit. While the toolkit is directed to the states, it should serve the American telehealth community as a focal point for the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Hospitals, Pedestrians, Telehealth

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A Survey Of Texas Electric System Legislative Implementation

The Texas Legislature, primarily responding to the unprecedented ERCOT system load shed event during 2021’s Winter Storm Uri, enacted far-reaching system and wholesale market reforms during its 2021 and 2023 legislative…more

Electricity, Energy Projects, Energy Sector, Power Grid, Texas

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Supreme Court Declares Sexual Orientation And Gender Identity Are Protected By Title VII

Key Points: •Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on any of five specified grounds: “race, color, religion, sex, [and] national origin.” Neither “sexual orientation” nor…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Gender Identity

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State-By-State Guide to Ag-Gag Legislation - May 2024

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional, claiming…more

Activist, Agricultural Sector, Animal Health, Cameras, Economic Damages

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Five Important Things to Consider When You Receive a Third-Party Subpoena

So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities. For federal cases, Federal…more

Confidential Information, Federal Rules of Civil Procedure, Jurisdiction, Objections, PHI

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

In June 2022, the United States Supreme Court held in Viking River Cruises v. Moriana—contrary to California precedent—that the Federal Arbitration Act (FAA) allows PAGA claims to be split into individual and non-individual…more

Arbitration Agreements, CA Supreme Court, Class Action, Employer Liability Issues, Federal Arbitration Act

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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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