Katten Muchin Rosenman LLP

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525 West Monroe Street
Chicago, Illinois 60661-3693, United States
Phone: 312.902.5200
Fax: 312.902.1061
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
  • North Carolina
  • Texas
Other Countries
  • China
  • United Kingdom
Number of Attorneys
600+ Attorneys

Financial Markets and Funds Quick Take | Issue 24

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Health Care Law Perspectives - November 2019 • Volume I

CMS’ 340B Rate Cut Continues to Dampen Hospital Outpatient Expansion Efforts - Hospitals hoping to benefit from favorable 340B drug pricing when acquiring independent physician practices for conversion to hospital outpatient…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Texas Hospital-at-Home Program Is Official & HHSC Again Extends Emergency Rule

Recently we published a post, titled "Texas Legislature Provides Pathway for Continuation of Hospital-at-Home Program," which discussed House Bill 1890 that passed both houses of the Texas Legislature and was pending the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Hospitals, State Legislatures

See all updates »

The COVID-19 Pandemic: Impacts on Real Estate Transactions

Katten’s Real Estate Group has been closely monitoring developments with respect to the spread of the novel coronavirus (COVID-19) and related economic, legal and public policy developments. We have also been in conversations…more

Business Interruption, Coronavirus/COVID-19, Federal Housing Administration (FHA), Force Majeure Clause, HUD

See all updates »

2022 Year-End Estate Planning Advisory

During 2022, COVID-19, the war in Ukraine, global inflation, the Tax Cuts and Jobs Act (TCJA), the uncertainty about the Build Back Better Act (BBBA), the Corporate Transparency Act (CTA), and the Inflation Reduction Act (IRA)…more

Biden Administration, Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption

See all updates »

Challenges to Advance Notice Bylaws Are Spiking

The last three months have seen a jump in shareholder lawsuits challenging “advance notice” provisions in company bylaws. Advance notice provisions are ubiquitous among Delaware public companies…more

Advance Notice, Board of Directors, Bylaws, Corporate Governance, Shareholders

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

2023 Katten Middle-Market Private Equity Report

Dealmakers Diverge on PE Outlook Amid Market Uncertainty - Middle-market private equity (PE) firms have mixed expectations for the U.S. mergers and acquisitions (M&A) market in 2023, citing high inflation and concern that…more

Acquisitions, Financing, Investors, Mergers, Private Equity

See all updates »

United States ex rel. Polansky v. Executive Health Resources, Inc, et al.: Supreme Court Clarifies Standard Under Which Government Can Intervene and Dismiss FCA Actions

Today, the Supreme Court issued a decision in United States el rel. Polansky v. Executive Health Resources, Inc., et al, clarifying that the government maintains authority to dismiss a qui tam False Claims Act (FCA) action after…more

Certiorari, False Claims Act (FCA), Motion to Dismiss, Qui Tam, Relators

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

New Texas Medical Billing Requirements can Leave Hospitals and Other Health Care Facilities Unable to Collect for Services Provided

Starting September 1, 2023, health care facilities in Texas will have to make changes to their billing practices to comply with a newly passed law requiring greater transparency in medical billing as a result of Texas Governor…more

Health Care Providers, Healthcare Facilities, Hospitals, Medical Bills, Texas

See all updates »

ESG Guidepost | Issue 1

Welcome to the inaugural issue of Katten ESG Guidepost. Each month, ESG Guidepost will highlight the latest news, legal and regulatory developments involving environmental, social and governance matters. …more

Biden Administration, Carbon Emissions, Department of Labor (DOL), Environmental Social & Governance (ESG), Fashion Industry

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

Lions and Tigers and COVID? Oh My!

How businesses may use the ferae naturae doctrine as a defense to coronavirus-related litigation. As people emerge from stay-at-home orders and businesses reopen, responsible business owners are working hard to ensure the…more

Coronavirus/COVID-19, Corporate Counsel, Health and Safety, Re-Opening Guidelines, Workplace Safety

See all updates »

Financial Markets and Funds Quick Take | Issue 24

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

UK Financial Insights from Katten | Issue 1

European Commission Proposes Legal Framework for Digital Euro - The European Commission (Commission) published its ‘Single Currency Package’ on 28 June 2023 with proposals to establish a legal framework for the creation of a…more

Crypto Exchanges, Cryptoassets, Digital Assets, Digital Currency, European Commission

See all updates »

The Lesson of Prometheus – A Special Purpose Broker Dealer May Cause Havoc in TradFi by Unilaterally Declaring ETH To Be A Security

As referenced in the opening scene of the 2023 Oscar-winning film Oppenheimer, Prometheus, the Greek god of forethought, is best known for stealing fire from the gods to give to humanity. As punishment, Zeus had Prometheus bound…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Investment Adviser

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

SEC Significantly Broadens "Dealer" Definition

Two new rules that significantly expand who may be required to register as a "dealer" or a "government securities dealer" were adopted by the Securities and Exchange Commission (SEC) on February 6, 2024. As a result of this…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Securities and Exchange Commission (SEC), Securities Traders

See all updates »

Financial Markets and Funds Quick Take | Issue 21

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Artificial Intelligence, CFTC, Cryptoassets, Cryptocurrency, EU

See all updates »

Is the CFPB Seeking to Expand the Definition of Credit and Its Regulatory Reach? The Bureau Sues Snap Finance and Asserts That Snap's Transactions are "Credit" Under Federal Law

On July 19, the Consumer Financial Protection Bureau (CFPB) filed a complaint against Snap Finance LLC and its affiliates (Snap RTO LLC, Snap Second Look LLC, Snap U.S. Holdings LLC, Snap Finance Holdings LLC) (referred to…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Electronic Fund Transfer Act, False Advertising, False Statements

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

Navigating the Regulatory Landscape – SEC Adopts New Rules Requiring Increased Disclosure on Stock Buybacks – Including Quarterly Reporting of Daily Repurchase Activity

On May 3, 2023, by a 3-2 vote, the Securities and Exchange Commission (SEC) adopted amendments to disclosure rules (the “new buyback disclosure rules”) relating to repurchases of equity securities by issuers (or repurchases on…more

Disclosure, Disclosure Requirements, Repurchase Agreements, Repurchases, Securities

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Second Circuit Reaffirms That Attorney-Client Privilege Is Not Waived By Sharing Documents With Parties Pursuant to a Common Legal Interest—Even Where That Interest Has Commercial Objectives

On November 10, 2015, the US Court of Appeals for the Second Circuit issued an opinion reaffirming that the attorney-client privilege and work product protections were not waived by a businessman and his company when they shared…more

Attorney-Client Privilege, Common-Interest Privilege, Litigation Strategies, Work-Product Doctrine

See all updates »

ESG Guidepost | Issue 7

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Carbon Emissions, Corporate Governance, Corporate Social Responsibility, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

See all updates »

ESG Guidepost | Issue 7

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Carbon Emissions, Corporate Governance, Corporate Social Responsibility, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

See all updates »

Structured Finance Year in Review and the Outlook for 2021 | Key Takeaways

On December 8 and 10, Katten’s Structured Finance and Securitization Department presented the “Year in Review and Outlook for 2021” webinar series. Topics covered by Katten attorneys and guest speakers include the impact of the…more

Biden Administration, Coronavirus/COVID-19, EU, FDIC, FinTech

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Financial Markets and Funds Quick Take | Issue 11

SEC Announces Inspection Priorities for 2023 - On February 7, the Securities and Exchange Commission (SEC) announced its inspection priorities for the current year. The announcement began by noting that the SEC examined 15…more

Broker-Dealer, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), Fiduciary Duty

See all updates »

The Katten Kattwalk | Issue 23

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. …more

Fashion Design, Fashion Industry, Intellectual Property Protection, Trademark Infringement, Trademark Registration

See all updates »

Illinois Appellate Court Certifies That Health Facilities Are Immunized From Certain COVID-19 Negligent Injury Claims During Pandemic

During the COVID-19 pandemic, Illinois Governor Pritzker issued an Executive Order, pursuant to the Illinois Emergency Management Agency Act ("Act'), which was reissued over many months, which extended tort immunity protections…more

Coronavirus/COVID-19, Governor Pritzker, Health Care Providers, Negligence

See all updates »

Texas Legislates New Requirements for Online Interactions with Minors

On June 13, Governor Greg Abbott signed the Securing Children Online through Parental Empowerment (SCOPE) Act, making Texas the third state to pass legislation aimed at regulating minors' interactions with social media…more

Digital Platforms, Digital Service Providers, Marketing, Minor Children, New Legislation

See all updates »

Deputy Attorney General Monaco Reiterates DOJ's Focus on Prosecuting Individuals and Announces New Guidelines for Prosecuting Corporate Crime

On September 15, Deputy Attorney General (DAG) Lisa O. Monaco announced changes to the Department of Justice’s (DOJ) Corporate Criminal Enforcement program. In her speech, DAG Monaco emphasized DOJ’s commitment to prosecuting…more

Corporate Counsel, Corporate Crimes, Corporate Criminal Fines, Corporate Misconduct, Criminal Prosecution

See all updates »

CFPB Proposes a New Rule on NSF Fees When Consumers Are Denied Fund Withdrawals

On January 24, the Consumer Financial Protection Bureau (CFPB) issued a new proposed rule in its ongoing campaign against so-called “junk fees.” The proposed rule specifically targets nonsufficient funds (NSF) fees charged by…more

Banking Sector, Comment Period, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Proposed Rules

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

HHS Proposes Significant Changes to the HIPAA Privacy Rule

As part of its Regulatory Sprint to Coordinated Care, the US Department of Health and Human Services (HHS) recently proposed important changes to the Health Insurance Portability and Accountability Act (HIPAA) privacy rule. The…more

Centers for Medicare & Medicaid Services (CMS), Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Author of Voluntary Carbon Market Disclosures Act Notes Intent to Begin Compliance in 2025

California has garnered a significant amount of attention due to its recent legislation in the ESG arena—namely, Senate Bill No. 253, the Climate Corporate Data Accountability Act; Senate Bill No. 261, Greenhouse Gases:…more

Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

Reaction to Uncertainty in Affordable Housing Industry Brought on by Trump Election

The 2016 Election has created more questions than answers for the affordable housing industry. Very little is known about President-elect Trump's vision for affordable housing. On one hand, Mr. Trump has described himself as an…more

Affordable Housing, Fair Housing Act (FHA), HUD, LIHTC, Popular

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

DOJ Signals Increased Use of Corporate Monitors

On October 28, 2021, Deputy Attorney General Lisa Monaco announced revised Department of Justice (DOJ) guidance on corporate monitors. Going forward, prosecutors are free to require the imposition of a corporate monitor when…more

Compliance, Corporate Investigations, Corporate Misconduct, Corporate Monitoring, Corruption

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

In this presentation: - The Genesis – Merger Objection Cases - The New Wave of Injunction Cases - Say-on-Pay Injunction Cases - Share Issuance Injunction Cases - Post-Vote Derivative Cases -…more

10b5-1 Plans, Compliance, Derivative Suit, Equity Compensation, Injunctions

See all updates »

Is the Coronavirus Pandemic a Material Adverse Event? It Depends.

As the human toll of the novel coronavirus continues to rise, individuals, businesses and governments face a Hobson's Choice between preserving lives and livelihoods. A pandemic-related economic downturn may eventually threaten…more

Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Change Clauses (MACs)

See all updates »

Second Circuit Opinion Allows Market Manipulation Claims Based on Hedging Activity

On April 27, the US Court of Appeals for the Second Circuit released its opinion in Set Capital LLC v. Credit Suisse Group AG, No. 19-3466 (2d Cir. 2021). The decision is noteworthy because the Court permitted market…more

Hedging, Market Manipulation, Omissions, Price Manipulation, Securities

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

Financial Markets and Funds Quick Take | Issue 9

New DOL Rule Enables Consideration of ESG Factors in Investing, Plus the SEC Continues its ESG Enforcement Push in the Absence of Final SEC Rules - On November 22, the US Department of Labor (DOL) announced a final rule…more

Block Trades, Crypto Exchanges, Cryptoassets, Cybersecurity, Data Protection

See all updates »

See Katten's Model Clawback Policy as Mandatory Rules Take Effect

As we previously noted, the Securities and Exchange Commission (SEC) adopted long-delayed rules on October 26, 2022, which will require companies to implement mandatory "clawback" policies with respect to incentive-based…more

Clawbacks, Corporate Governance, Corporate Officers, Disclosure Requirements, Dodd-Frank

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

Financial Markets and Funds Quick Take | Issue 10

Katten Named Leader in Blockchain and Cryptocurrency in Chambers FinTech 2023 Guide - Katten announced that the firm had attained a superior ranking in the Chambers FinTech 2023 guide. Katten was recognized as a leader in the…more

Blockchain, Broker-Dealer, Cryptocurrency, Digital Assets, Electronic Records

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 4

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Affirmative Action, Cryptocurrency, Diversity and Inclusion Standards (D&I), Employer Liability Issues

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care

The purpose of this article is to provide an overview of the top ten legal issues that health care providers and health care companies should consider when using and/or developing artificial intelligence (AI). In particular,…more

Antitrust Provisions, Artificial Intelligence, Ethical Standards, Health Care Providers, Healthcare

See all updates »

Whistleblower Rewards Program Update: DOJ Explains and Expands Pilot Program for Voluntary Disclosures

On April 15, the Department of Justice (DOJ) publicly released a memorandum fleshing out its previously announced corporate whistleblower program, which is intended to induce individuals to report alleged criminal conduct,…more

Criminal Investigations, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Non-Prosecution Agreements, Pilot Programs

See all updates »

Coronavirus (COVID-19) Federal and New York Health Care Primary Legal Sources - April 2020

A note from Katten’s Health Care team to our friends and colleagues - Our work involving the health care law of COVID-19 has necessarily involved a large body of “new law” and new resources. Katten’s health care attorneys…more

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

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 7

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

California Privacy Protection Agency (CPPA), Cybersecurity, Data Privacy, Data Protection, EU

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Third Circuit Says Statutory Trusts are ‘Covered Persons' Under Consumer Financial Protection Act

In a ruling long anticipated in the securitization industry, the US Court of Appeals for the Third Circuit on March 19 issued its opinion in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection

See all updates »

Financial Markets and Funds Quick Take | Issue 19

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

CFTC, Corporate Transparency Act, Cryptoassets, Cryptocurrency, Digital Assets

See all updates »

FINRA Settles First Significant CAT Reporting Enforcement Action

On August 16, Instinet, LLC (Instinet or the Firm) agreed to pay a $3.8 million fine to settle an enforcement action with the Financial Industry Regulatory Authority (FINRA) regarding its alleged failure to comply with certain…more

Broker-Dealer, Consolidated Audit Trail, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

Municipal Advisors and "Bank Purchase" Bonds: What's All the Commotion About?

There has been a renewed focus in recent months on how to determine which regulatory regimes apply to the various parties involved in private placements of municipal debt. The very public controversy over the question of whether…more

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 14

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Measure ULA – An Additional Transfer Tax on Real Estate Transfers

Measure ULA, also known as the Homelessness and Housing Solutions Tax (HHS Tax), and usually referred to as a "mansion tax," has been approved by voters. The measure creates a new tax on certain property transfers in the city of…more

California, City of Los Angeles, Commercial Real Estate Market, New Legislation, Real Estate Professionals

See all updates »

UK Financial Insights from Katten | Issue 3

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Asset Management, Crypto Exchanges, Cryptoassets, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

See all updates »

Structured Finance Year in Review and the Outlook for 2021 | Key Takeaways

On December 8 and 10, Katten’s Structured Finance and Securitization Department presented the “Year in Review and Outlook for 2021” webinar series. Topics covered by Katten attorneys and guest speakers include the impact of the…more

Biden Administration, Coronavirus/COVID-19, EU, FDIC, FinTech

See all updates »

ESG Guidepost | Issue 11

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Corporate Social Responsibility, Electric Vehicles, Environmental Social & Governance (ESG), EU

See all updates »

Key Takeaways From the Carried Interest Proposed Regulations

Under current (post-2017) federal income tax law, long-term capital gain allocated to or realized by a non-corporate recipient of a promote or other performance-based allocation (a "Carried Interest") in the investment…more

Business Assets, Business Taxes, C-Corporation, Capital Gains, Carried Interest

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

The Balance Between Obviousness and Written Description — Lessons Learned from Recent Decisions

Key Points - - Summarizes the Federal Circuit case of Nuvo Pharms. v. Dr. Reddy’s Labs., in which the Federal Circuit invalidated Nuvo Pharmaceuticals’ patent, holding that Nuvo’s disclosure of the drug’s effectiveness was…more

Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection, Patents

See all updates »

Measure ULA – An Additional Transfer Tax on Real Estate Transfers

Measure ULA, also known as the Homelessness and Housing Solutions Tax (HHS Tax), and usually referred to as a "mansion tax," has been approved by voters. The measure creates a new tax on certain property transfers in the city of…more

California, City of Los Angeles, Commercial Real Estate Market, New Legislation, Real Estate Professionals

See all updates »

M&A, Joint Ventures and Private Equity in Health Care: 2022 Deal Trends in Review

The health care mergers and acquisitions (M&A) market continues to be a private equity draw, with investors making significant investments in standalone platforms and platform add-on transactions. Also at the fore are strategic…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

District Court Denies Distressed Funds the Right to Vote on Bankruptcy Plan

The US District Court for the Western District of Washington (the "District Court") recently affirmed a bankruptcy court decision that prohibited a transferee of a secured lender's interest in a loan from voting on a debtor's…more

Assignees, Commercial Bankruptcy, Debt, Lenders, Loan Agreements

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

Katten Financial Markets and Funds Quick Take | Issue 15

Four Key Considerations Since SEC Amended Form PF - In early May, the Securities and Exchange Commission (SEC) adopted a final rule amending Form PF, the confidential reporting form for certain SEC-registered investment…more

Biometric Information Privacy Act, CFTC, Climate Change, Crypto Exchanges, Cryptoassets

See all updates »

Five Things of Note From This Year's TIF Conference in Chicago

The Illinois Tax Increment Association held its fall conference at the end of September in Chicago. Always a great chance to gather with and learn from attorneys, financial advisors, lenders, developers, urban planners and…more

Economic Development, Redevelopment, State and Local Government, Tax Increment Financing

See all updates »

M&A, Joint Ventures and Private Equity in Health Care: 2022 Deal Trends in Review

The health care mergers and acquisitions (M&A) market continues to be a private equity draw, with investors making significant investments in standalone platforms and platform add-on transactions. Also at the fore are strategic…more

Acquisitions, Capital Markets, Healthcare, Investment, Investors

See all updates »

Financial Markets and Funds Quick Take | Issue 24

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

Financial Markets and Funds Quick Take | Issue 12

FINRA Updates its Sweep on Social Media Influencers, Customer Acquisition and Related Information Protection - On February 28, the Financial Industry Regulatory Authority (FINRA) provided an update for its sweep on Social…more

Broker-Dealer, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA), Investment Adviser, NLRB

See all updates »

Corporate & Financial Weekly Digest, Featuring Topics on SEC/Corporate, Derivatives, CFTC, Digital Assets and Virtual Currencies, Brexit, UK and EU Developments

SEC/CORPORATE - SEC Division of Corporation Finance Issues C&DIs Regarding Notices of Exempt Solicitation - On July 31, the staff of the Division of Corporation Finance (the Staff) of the Securities and Exchange Commission…more

Board of Directors, C&DIs, Corporate Governance, Derivatives Clearing Organizations, EU

See all updates »

CMS Issues Draft Guidance for Hospital Co-Location

On May 3, CMS issued a draft letter to State Survey Agency Directors regarding "Guidance for Hospital Co-location with Other Hospitals or Healthcare Facilities" ("Guidance") that is intended to provide clarity on how CMS/State…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Draft Guidance, EMTALA, Health Care Providers

See all updates »

Tax Implications of LIBOR Reform

LIBOR (London Interbank Offered Rate) is a set of interest rate benchmarks based on the rates at which banks are willing to borrow wholesale-unsecured funds. It is used in numerous financial instruments such as loans,…more

Banking Sector, Benchmarks, Derivatives, Financial Conduct Authority (FCA), Interest Rates

See all updates »

DOJ Announces Another COVID-19 Healthcare Fraud Takedown

DOJ Announces Another COVID-19 Healthcare Fraud Takedown - As we predicted last month, the Department of Justice (DOJ) has continued to prioritize COVID-19 fraud enforcement by utilizing its new task forces and newly…more

Coronavirus/COVID-19, Department of Justice (DOJ), Federal Contractors, Healthcare Fraud, HRSA

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

SBA Consent Requirements for M&A Transactions with PPP Loans

On March 27, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) which established, among other things, the Paycheck Protection Program (PPP). Under the PPP, the SBA guaranteed loans (PPP…more

Acquisitions, CARES Act, Coronavirus/COVID-19, Mergers, Paycheck Protection Program (PPP)

See all updates »

Financial Markets and Funds Quick Take | Issue 11

SEC Announces Inspection Priorities for 2023 - On February 7, the Securities and Exchange Commission (SEC) announced its inspection priorities for the current year. The announcement began by noting that the SEC examined 15…more

Broker-Dealer, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), Fiduciary Duty

See all updates »

Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal Jurisdiction

The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do business…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Filling the Seats for Stadium Financings

COVID-19 has materially impacted arena and stadium financings. How have professional sports leagues been able to form bubbles in spite of contractual obligations of teams to play home games at their home venues? Are there…more

Coronavirus/COVID-19, Entertainment Industry, Event Cancellation, Infectious Diseases, Public Health

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

UK Crown Preference Returns – Creditors Beware!

In the 2018 Autumn Budget, the Chancellor announced his intention to reintroduce Crown Preference with effect from 6 April 2020. Due to the attempts to prorogue Parliament and the General Election last year, the necessary…more

Crown Preference, Proposed Legislation, Tax Debt, UK

See all updates »

Are Your Qualified and Nonqualified Employee Benefit Plans in Compliance With the New ERISA Disability Claims Regulations?

Effective for claims filed after April 1, 2018, employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) must comply with the US Department of Labor's new disability claims regulations…more

Affordable Care Act, Benefit Plan Sponsors, Claim Procedures, Department of Labor (DOL), Disability Benefits

See all updates »

Third Circuit Says Statutory Trusts are ‘Covered Persons' Under Consumer Financial Protection Act

In a ruling long anticipated in the securitization industry, the US Court of Appeals for the Third Circuit on March 19 issued its opinion in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection

See all updates »

SEC Swaps the Game: New Rules to Combat Fraud, Manipulation and CCO Undue Influence

The Securities Exchange Commission (SEC) adopted two new rules on June 7 aimed at preventing fraud and manipulation specific to security-based swap (SBS) transactions and the entities that trade them, including a unique rule…more

Securities Act of 1933, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934, Securities Fraud, Security-Based Swaps

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

ESG Guidepost | Issue 11

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Corporate Social Responsibility, Electric Vehicles, Environmental Social & Governance (ESG), EU

See all updates »

Fifth Circuit Says Not so Fast, Reverses the Transfer of CFPB/Credit Card Fee Litigation and Endorses Regulatory Challenge in Texas

Background: Agency Rulemaking Challenges in the Fifth Circuit - In recent years, Texas federal courts and the US Fifth Circuit Court of Appeals have been central battlegrounds for many challenges to alleged government…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Financial Services Industry, Late Fees

See all updates »

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on…more

Advertising, Artistic Works, Fashion Branding, Fashion Design, Fashion Industry

See all updates »

In re Tribune Co.: Allowance of Post-Petition Indenture Trustees Fees as Unsecured Claim

In a brief but significant opinion, the United States District Court for the District of Delaware reversed a decision by the United States Bankruptcy Court for the District of Delaware and allowed more than $30 million in…more

Appeals, Attorney's Fees, Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

Third Circuit Says Statutory Trusts are ‘Covered Persons' Under Consumer Financial Protection Act

In a ruling long anticipated in the securitization industry, the US Court of Appeals for the Third Circuit on March 19 issued its opinion in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

Court Finds That Payment on Aircraft Lease Security Deposit Letters of Credit Would Not Have Violated the United Kingdom's Sanctions Against Russia

Key Points - - A court in London has ruled that the London branch of a German bank, which had issued confirmations of letters of credit issued by a Russian bank as security provided by Russian airlines for leases of aircraft,…more

Aircraft, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Lanham Act, Trade Dress

See all updates »

Key Takeaways From the Carried Interest Proposed Regulations

Under current (post-2017) federal income tax law, long-term capital gain allocated to or realized by a non-corporate recipient of a promote or other performance-based allocation (a "Carried Interest") in the investment…more

Business Assets, Business Taxes, C-Corporation, Capital Gains, Carried Interest

See all updates »

Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal Jurisdiction

The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do business…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Financial Markets and Funds Quick Take | Issue 19

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

CFTC, Corporate Transparency Act, Cryptoassets, Cryptocurrency, Digital Assets

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Foreign Listed Stock Index Futures and Options Approvals December 2023

Attached please find the updated Foreign Listed Stock Index Futures and Options Approvals Chart, current as of December 19, 2023. All prior versions are superseded and should be discarded. Please note the following developments…more

Derivatives, Financial Markets, Foreign Exchanges, Foreign Listed Stock Index, Futures

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Want to Leave Your Employment? That Will Cost You!

It's the run-up to bonus season in the UK and there is a lot to talk about. While the markets may have cooled down, the caps are off! In a controversial move, regulators removed the regulatory cap on banker's bonuses on 31…more

Bonuses, Clawbacks, Corporate Bonuses, Employer Liability Issues, Hiring & Firing

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs…more

Corporate Restructuring, Creditors, Debt Restructuring, Debtors, Insolvency

See all updates »

US Supreme Court Adds to District Court's Ability to Award Enhanced Patent Damages

On June 13, the US Supreme Court handed down an important unanimous decision relaxing the standard for an award of enhanced patent damages under 35 U.S.C. § 284. See Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

See all updates »

UPDATE: Proposed Taxes on Mezzanine and Preferred Equity Financing Resurface in New York Legislature

Key Points - - New York lawmakers have reintroduced legislation that, if adopted into law, would make mezzanine and preferred equity financing subject to the mortgage recording tax. - The legislation would also require…more

Debt-Equity, Equity Financing, Legislative Agendas, Mezzanine Lenders, Mortgages

See all updates »

Fifth Circuit Says Not so Fast, Reverses the Transfer of CFPB/Credit Card Fee Litigation and Endorses Regulatory Challenge in Texas

Background: Agency Rulemaking Challenges in the Fifth Circuit - In recent years, Texas federal courts and the US Fifth Circuit Court of Appeals have been central battlegrounds for many challenges to alleged government…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Financial Services Industry, Late Fees

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 16

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Artificial Intelligence, China, Cross-Border Transactions, Cybersecurity, Data Privacy

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

Financial Markets and Funds Quick Take | Issue 18

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Biden Administration, Bitcoin, Blockchain, China, Cryptoassets

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

2021 PRIVATE CREDIT SURVEY REPORT - Despite Private Credit’s Sunny Outlook, Questions Emerge About Lender/Investor Congeniality, LIBOR

In February, Katten conducted a survey of 112 private credit industry professionals that showed how a large percentage of private equity investors and lenders in the private credit industry expect deal flow to increase in 2021…more

Banking Sector, Financial Institutions, Financial Markets, Interest Rates, Lenders

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs…more

Corporate Restructuring, Creditors, Debt Restructuring, Debtors, Insolvency

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 1

Welcome to the inaugural issue of Katten ESG Guidepost. Each month, ESG Guidepost will highlight the latest news, legal and regulatory developments involving environmental, social and governance matters. …more

Biden Administration, Carbon Emissions, Department of Labor (DOL), Environmental Social & Governance (ESG), Fashion Industry

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Coronavirus (COVID-19) Federal and New York Health Care Primary Legal Sources - April 2020

A note from Katten’s Health Care team to our friends and colleagues - Our work involving the health care law of COVID-19 has necessarily involved a large body of “new law” and new resources. Katten’s health care attorneys…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 11

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Corporate Social Responsibility, Electric Vehicles, Environmental Social & Governance (ESG), EU

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

FINRA Settles First Significant CAT Reporting Enforcement Action

On August 16, Instinet, LLC (Instinet or the Firm) agreed to pay a $3.8 million fine to settle an enforcement action with the Financial Industry Regulatory Authority (FINRA) regarding its alleged failure to comply with certain…more

Broker-Dealer, Consolidated Audit Trail, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Financial Markets and Funds Quick Take | Issue 10

Katten Named Leader in Blockchain and Cryptocurrency in Chambers FinTech 2023 Guide - Katten announced that the firm had attained a superior ranking in the Chambers FinTech 2023 guide. Katten was recognized as a leader in the…more

Blockchain, Broker-Dealer, Cryptocurrency, Digital Assets, Electronic Records

See all updates »

The Lesson of Prometheus – A Special Purpose Broker Dealer May Cause Havoc in TradFi by Unilaterally Declaring ETH To Be A Security

As referenced in the opening scene of the 2023 Oscar-winning film Oppenheimer, Prometheus, the Greek god of forethought, is best known for stealing fire from the gods to give to humanity. As punishment, Zeus had Prometheus bound…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Investment Adviser

See all updates »

See Katten's Model Clawback Policy as Mandatory Rules Take Effect

As we previously noted, the Securities and Exchange Commission (SEC) adopted long-delayed rules on October 26, 2022, which will require companies to implement mandatory "clawback" policies with respect to incentive-based…more

Clawbacks, Corporate Governance, Corporate Officers, Disclosure Requirements, Dodd-Frank

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Fifth Circuit Declines to Reconsider Opinion that In-House SEC Enforcement Actions are Unconstitutional

Earlier this year in Jarkesy v. SEC, a split panel of the Fifth Circuit Court of Appeals ruled that the Constitution prohibits in-house Securities and Exchange Commission (SEC) adjudication of securities law violations. 34 F…more

Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Securities and Exchange Commission (SEC), Securities Violations

See all updates »

Action Required: Impact of Corporate Transparency Act on Investment Managers

The Financial Crimes Enforcement Network (FinCEN) of the US Treasury Department has issued a final rule (Final Rule) implementing the beneficial ownership reporting requirements of the Corporate Transparency Act (together with…more

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

See all updates »

5 Things to Know About the 'Power' of Powers of Appointment

An important aspect of your estate plan could be the flexibility you allow (or do not allow) via powers of appointment. Trusts with powers of appointment offer the possibility of altering an estate plan that seems otherwise…more

Beneficiaries, Estate Planning, Power of Appointment, Trusts, Wills

See all updates »

Foreign Listed Stock Index Futures and Options Approvals December 2023

Attached please find the updated Foreign Listed Stock Index Futures and Options Approvals Chart, current as of December 19, 2023. All prior versions are superseded and should be discarded. Please note the following developments…more

Derivatives, Financial Markets, Foreign Exchanges, Foreign Listed Stock Index, Futures

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Corporate and Financial Weekly Digest - Volume XI, Issue 43

SEC/CORPORATE - SEC Proposes Amendments To Require Universal Proxy Cards in Contested Elections - On October 26, the Securities and Exchange Commission voted to propose amendments to the proxy rules that would require…more

Canada, Institutional Shareholder Services (ISS), Memorandum of Understanding, No-Action Relief, Proxy Access

See all updates »

2021 PRIVATE CREDIT SURVEY REPORT - Despite Private Credit’s Sunny Outlook, Questions Emerge About Lender/Investor Congeniality, LIBOR

In February, Katten conducted a survey of 112 private credit industry professionals that showed how a large percentage of private equity investors and lenders in the private credit industry expect deal flow to increase in 2021…more

Banking Sector, Financial Institutions, Financial Markets, Interest Rates, Lenders

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

Four Things to Know About Family Office Compensation and Talent

In an increasingly competitive market for sophisticated and experienced professional and investment talent, family offices are seeking and applying new approaches to attract and retain top level executives. Transactional Tax…more

Business Strategies, Compensation & Benefits, Employee Benefits, Employee Retention, Family Offices

See all updates »

Court Finds Section 15(a) of the Exchange Act Only Applicable in Domestic Transactions

The US District Court for the Northern District of Illinois recently granted defendants’ motion to dismiss one count of a Securities and Exchange Commission complaint, finding that the registration requirement under Section…more

Foreign Exchanges, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

New Texas Medical Billing Requirements can Leave Hospitals and Other Health Care Facilities Unable to Collect for Services Provided

Starting September 1, 2023, health care facilities in Texas will have to make changes to their billing practices to comply with a newly passed law requiring greater transparency in medical billing as a result of Texas Governor…more

Health Care Providers, Healthcare Facilities, Hospitals, Medical Bills, Texas

See all updates »

ESG Guidepost | Issue 4

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Affirmative Action, Cryptocurrency, Diversity and Inclusion Standards (D&I), Employer Liability Issues

See all updates »

The Expiration of California COVID-19 Supplemental Paid Sick Leave

The California State 2022 COVID-19 Supplemental Paid Sick Leave (SB 114) expired on December 31, 2022. The law, which applied retroactively to January 1, 2022, was extended by Gov. Gavin Newsom from September 30 to December 31,…more

California, Coronavirus/COVID-19, Employer Responsibilities, Human Resources Professionals, Labor Reform

See all updates »

Force Majeure: A Practical Perspective for Commercial Relationships

In the wake of the COVID-19 pandemic, businesses are increasingly considering whether force majeure clauses, a common provision that can excuse a party from having to fulfill contractual obligations when unforeseeable…more

Business Interruption, Coronavirus/COVID-19, Force Majeure Clause

See all updates »

Navigating the Regulatory Landscape – SEC Adopts New Rules Requiring Increased Disclosure on Stock Buybacks – Including Quarterly Reporting of Daily Repurchase Activity

On May 3, 2023, by a 3-2 vote, the Securities and Exchange Commission (SEC) adopted amendments to disclosure rules (the “new buyback disclosure rules”) relating to repurchases of equity securities by issuers (or repurchases on…more

Disclosure, Disclosure Requirements, Repurchase Agreements, Repurchases, Securities

See all updates »

SEC Comment Period Ends for Controversial Proposal Regarding Clawbacks of Executive Incentive Compensation Without Official Action

On October 14, Chairman Gensler announced that the Securities and Exchange Commission (SEC) would reopen the comment period for the controversial compensation clawback rule that it had initially proposed in 2015 in response to…more

Board of Directors, Clawbacks, Comment Period, Corporate Officers, Disclosure Requirements

See all updates »

Financial Markets and Funds Quick Take | Issue 24

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Broker-Dealer, CFTC, Digital Assets, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

Sentencing Guidelines Amendment Prevents Judges From Considering Acquitted Conduct at Sentencing

Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their ultimate…more

Acquittals, Federal Sentencing Guidelines, SCOTUS, Sentencing

See all updates »

Why a Source of Rescue Capital May Already Be in the Deal

One need look no further than the spate of half-empty office buildings, closed retail stores and rising interest rates (which have impacted even well-performing asset classes) to see that commercial real estate (CRE) owners are…more

Borrowers, Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

See all updates »

FINRA Settles First Significant CAT Reporting Enforcement Action

On August 16, Instinet, LLC (Instinet or the Firm) agreed to pay a $3.8 million fine to settle an enforcement action with the Financial Industry Regulatory Authority (FINRA) regarding its alleged failure to comply with certain…more

Broker-Dealer, Consolidated Audit Trail, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

New York Expands Liability Provisions for New York Real Estate Transfer Tax

On April 19, Governor Andrew Cuomo signed into law the New York Budget Bill for the 2021-2022 state fiscal year (Senate Bill S2509C) (the New Budget Bill). The New Budget Bill contains a major change to the liability provisions…more

Governor Cuomo, New York, Property Tax, State and Local Government, State Taxes

See all updates »

Recent DC Circuit Court of Appeals Case Brings FINRA to the Forefront of the SRO State Actor Controversy

A DC Circuit Court of Appeals challenge to a recent Financial Industry Regulatory Authority (FINRA) enforcement action brings into question whether FINRA should be held accountable to constitutional restrictions on state action…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Lucia v SEC, NFA, Office of Administrative Law Judges (OALJ)

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Court Finds That Payment on Aircraft Lease Security Deposit Letters of Credit Would Not Have Violated the United Kingdom's Sanctions Against Russia

Key Points - - A court in London has ruled that the London branch of a German bank, which had issued confirmations of letters of credit issued by a Russian bank as security provided by Russian airlines for leases of aircraft,…more

Aircraft, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

How Will Rising Interest Rates and Economic Uncertainty Impact Real Estate Industry in 2024?

Katten and Cushman & Wakefield have partnered to provide commercial real estate thought leaders with an opportunity to network and examine current factors impacting the industry during a January 25 event in Charlotte. Real…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Interest Rates

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 14

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

See all updates »

DeCoster Rehearing Denied—Food and Beverage Company Executives Face Risks of Prosecution as Responsible Corporate Officers

A recent Eighth Circuit decision that two corporate officers must serve jail time for failing to prevent the distribution of contaminated eggs despite the fact that they did not know the eggs were infected reaffirms continuing…more

Criminal Prosecution, Denial of Rehearing, Federal Food Drug and Cosmetic Act (FFDCA), Food Manufacturers, Responsible Corporate Officer Doctrine

See all updates »

Financial Markets and Funds Quick Take | Issue 23

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Banking Sector, CFTC, EU, Financial Conduct Authority (FCA), Financial Industry Regulatory Authority (FINRA)

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

From Paper to Practice: Questions to Evaluate the Real-World Impact of Your Compliance Program Under DOJ Guidelines

The Department of Justice (DOJ) and qui tam plaintiffs are pressing on with their pursuit of healthcare entities for False Claims Act cases and other enforcement actions. Having a compliance program that is effective in…more

Chief Compliance Officers, Compliance, Corporate Counsel, Department of Justice (DOJ), Enforcement Actions

See all updates »

Action Required: Corporate Transparency Act Reporting Is Here

This advisory provides a general summary of the Corporate Transparency Act and its requirements and is not intended to, and does not, provide legal, compliance or other advice to any individual or entity…more

Anti-Money Laundering, Beneficial Owner, Board of Directors, Compliance, Corporate Officers

See all updates »

Inside, Outside, USA: Key Developments on the Boundaries of Injunctive Relief in Trademark Disputes - Katten Kattwalk | Issue 26

Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we…more

Abitron Austria GmbH v Hetronic International Inc, Foreign Jurisdictions, Intellectual Property Litigation, Intellectual Property Protection, International Trademark Protection

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 10

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Carbon Emissions, Cybersecurity, Data Privacy, Data Protection, Data Security

See all updates »

ESG Guidepost | Issue 2

President Biden's New Executive Order on Environmental Justice Broadly Expands Environmental Justice Requirements - The Biden Administration has issued Executive Order (EO) 14096: Revitalizing Our Nation's Commitment to…more

Biden Administration, Electric Vehicles, Environmental Policies, Environmental Social & Governance (ESG), Executive Orders

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Alternative Equity Offering Structures Provide Access to Capital as Markets Remain Challenged - Capital Markets Compass | Issue 6

Global equity markets continue to navigate the dueling impacts of inflation, rising interest rates and a slowing economy. While the market for initial public offerings initially showed signs of a recovery in early 2023, the IPO…more

Acquisitions, Capital Markets, Global Market, Initial Public Offering (IPO), Investors

See all updates »

Municipal Advisors and "Bank Purchase" Bonds: What's All the Commotion About?

There has been a renewed focus in recent months on how to determine which regulatory regimes apply to the various parties involved in private placements of municipal debt. The very public controversy over the question of whether…more

See all updates »

Whistleblower Rewards Program Update: DOJ Explains and Expands Pilot Program for Voluntary Disclosures

On April 15, the Department of Justice (DOJ) publicly released a memorandum fleshing out its previously announced corporate whistleblower program, which is intended to induce individuals to report alleged criminal conduct,…more

Criminal Investigations, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Non-Prosecution Agreements, Pilot Programs

See all updates »

Corporate & Financial Weekly Digest, Featuring Articles on FINRA's 2021 Budget and Industry Spotlight and Dues Increases for NFA Member Swap Dealers and Major Swap Participants

BROKER-DEALER - FINRA Publishes 2021 Industry Spotlight - On May 25, the Financial Industry Regulatory Authority (FINRA) published the 2021 FINRA Industry Spotlight (Industry Spotlight), which is FINRA’s annual statistical…more

Broker-Dealer, CFTC, Compliance, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

See all updates »

New York Expands Liability Provisions for New York Real Estate Transfer Tax

On April 19, Governor Andrew Cuomo signed into law the New York Budget Bill for the 2021-2022 state fiscal year (Senate Bill S2509C) (the New Budget Bill). The New Budget Bill contains a major change to the liability provisions…more

Governor Cuomo, New York, Property Tax, State and Local Government, State Taxes

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 12

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Recent NLRB Decision Impacts Employer Use of Non-Disparagement and Confidentiality Clauses

The National Labor Relations Board (NLRB) issued a recent decision that impacts the use of non-disparagement and confidentiality clauses in employee agreements. In the McLaren Macomb decision, the NLRB concluded that…more

Confidentiality Agreements, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

See all updates »

The Katten Kattwalk | Issue 09

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. …more

Adidas, Class Action, Discount Pricing, Fashion Industry, Federal Trade Commission (FTC)

See all updates »

COVID-19: Families First Coronavirus Response Act

Key Points - In the wake of the rapidly escalating coronavirus (COVID-19) pandemic, President Trump signed into law the Families First Coronavirus Response Act (H.R.6201). The wide-ranging legislation enacts a number of…more

Coronavirus/COVID-19, EFMLA, Employer Group Health Plans, EPSLA, Fair Labor Standards Act (FLSA)

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Capital Markets Compass | Issue 6

In the May edition of Capital Markets Compass, we examine how innovative offering structures are providing access to capital despite significant market challenges. We analyze recent SEC comment letters focusing on climate and…more

Capital Markets, Capital Raising, Climate Change, Corporate Governance, Disclosure Requirements

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 5

Florida Health Information Storage Changes Taking Effect on July 1 - Foreign Interests in the health care provider environment have generally meant ownership interests of persons from outside of the state in which the…more

Artificial Intelligence, Cybersecurity, Data Collection, Data Privacy, Data Protection

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

How Will Rising Interest Rates and Economic Uncertainty Impact Real Estate Industry in 2024?

Katten and Cushman & Wakefield have partnered to provide commercial real estate thought leaders with an opportunity to network and examine current factors impacting the industry during a January 25 event in Charlotte. Real…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Interest Rates

See all updates »

Structuring Acquisitive Transactions in Difficult Times

In the midst of a downturn in the US economy during the COVID-19 pandemic, structuring transactions in a tax efficient manner will become an even more critical component of achieving optimal investment returns. For example, as…more

CARES Act, Coronavirus/COVID-19, Net Operating Losses

See all updates »

ESG Guidepost | Issue 11

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Corporate Social Responsibility, Electric Vehicles, Environmental Social & Governance (ESG), EU

See all updates »

Financial Markets and Funds Quick Take | Issue 6

The SEC Remains in Search of and Is Looking for Finders - Much has been written on the topic of finders and arrangers of securities transactions, including when a person or entity acting as a finder (i.e., someone who merely…more

Broker-Dealer, Chicago Mercantile Exchange (CME), Financial Industry Regulatory Authority (FINRA), Over The Counter Derivatives (OTC), Proxy Statements

See all updates »

FINRA 529 Plan Share Class Initiative Encourages Firms to Self-Report Violations

On January 28, the Financial Industry Regulatory Authority (FINRA) issued a Regulatory Notice announcing the 529 Plan Share Class Initiative, a self-reporting initiative to promptly compensate harmed investors and promote firms'…more

529 Plans, Enforcement, Financial Industry Regulatory Authority (FINRA), MSRB, Municipal Securities Issuers

See all updates »

District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim

Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the…more

Advertising, Carbon Emissions, Carbon Off-Set Credits, False Advertising, Green Marketing

See all updates »

Part II: Force Majeure Clauses and Physically Settled Power Hedges Under the ISDA North American Power Annex

Key Points - - The ISDA Power Annex has special provisions dealing with Force Majeure - These special provisions trump the Force Majeure provisions in the 2002 ISDA Master Agreement - The Power Annex definition of Force…more

Coronavirus/COVID-19, Force Majeure Clause, ISDA

See all updates »

A Closer Look at the 5th Circuit Decision Vacating the Fiduciary Rule

On March 15, the Court of Appeals for the Fifth Circuit vacated, in its entirety, amendments to Rule 29 C.F.R. § 2510.3-21 ("Fiduciary Rule"), codifying the Obama-era's expansive definition of the term "investment advice…more

Administrative Procedure Act, Appeals, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

ESG Guidepost | Issue 6

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

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

See all updates »

Financial Markets and Funds Quick Take | Issue 13

NFTs and the Enduring Allure of Digital Collectibles - This is the first article of a series by Katten attorneys examining non-fungible tokens (NFTs) and various novel legal issues raised by NFTs, including in copyright law…more

Cryptoassets, Data Privacy, Financial Industry Regulatory Authority (FINRA), Greenwashing, Investors

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

See Katten's Model Clawback Policy as Mandatory Rules Take Effect

As we previously noted, the Securities and Exchange Commission (SEC) adopted long-delayed rules on October 26, 2022, which will require companies to implement mandatory "clawback" policies with respect to incentive-based…more

Clawbacks, Corporate Governance, Corporate Officers, Disclosure Requirements, Dodd-Frank

See all updates »

Navigating the Regulatory Landscape – SEC Adopts New Rules Requiring Increased Disclosure on Stock Buybacks – Including Quarterly Reporting of Daily Repurchase Activity

On May 3, 2023, by a 3-2 vote, the Securities and Exchange Commission (SEC) adopted amendments to disclosure rules (the “new buyback disclosure rules”) relating to repurchases of equity securities by issuers (or repurchases on…more

Disclosure, Disclosure Requirements, Repurchase Agreements, Repurchases, Securities

See all updates »

Leased Aircraft Stranded in Russia: A Survey of the Pending Insurance Claim Litigation in Different Jurisdictions

Key Points - - Insurance companies are bracing themselves for years of legal disputes over liability for total losses claimed by lessors to aircraft stranded in Russia as a result of sanctions over Russia's invasion of Ukraine…more

Air Carriers, Aircraft, Aircraft Financing, Airlines, Aviation Industry

See all updates »

A New 'Carrot' in the Government's Pocket: DOJ Announces Pilot Program to Reward Whistleblowers

The Department of Justice (DOJ) is continuing its efforts to crack down on corporate misconduct by developing a new program to pay corporate whistleblowers for information leading to civil and criminal forfeitures. This program…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Voluntary Disclosure

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Corporate & Financial Weekly Digest, Featuring Articles on FINRA's 2021 Budget and Industry Spotlight and Dues Increases for NFA Member Swap Dealers and Major Swap Participants

BROKER-DEALER - FINRA Publishes 2021 Industry Spotlight - On May 25, the Financial Industry Regulatory Authority (FINRA) published the 2021 FINRA Industry Spotlight (Industry Spotlight), which is FINRA’s annual statistical…more

Broker-Dealer, CFTC, Compliance, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

See all updates »

CMS Clarifies Boundaries on AI in Coverage Determination for Medicare Advantage Organizations

On February 6, the Centers for Medicare and Medicaid (CMS) published an important FAQ for Medicare Advantage Organizations (MA) and Medicare-Medicaid Plans intended to clarify ambiguities identified by the public in the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Advantage, Medicare Advantage Organizations (MAOs)

See all updates »

Federal Courts Side With Strip Clubs in Opposing the SBA's Ineligibility Rules for the Paycheck Protection Program, Possibly Signaling a Broader Trend

Recent rulings from federal courts enjoined the US Small Business Administration (SBA) from applying its April 2, 2020 Interim Final Rule (April 2 IFR) to limit the types of businesses that can participate in the Paycheck…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

Coinbase, Inc. v. Bielski: Interlocutory Appeals on the Question of Arbitrability Automatically Stay District Court Proceedings

On Friday, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability is ongoing. In an opinion by…more

Arbitration, Automatic Stay, Certiorari, Coinbase, Coinbase Inc v Bielski

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

OIG Advisory Opinion Touches on Commonly-Raised Concepts for Mitigating Anti-Kickback Statute Risk

While OIG Advisory Opinion 23-05 primarily focuses on the Requestor's proposed arrangement being disfavored based on "Contractual Joint Venture" elements, various statements in the Opinion reiterate the OIG's view on three…more

Anti-Kickback Statute, Health Care Providers, OIG

See all updates »

Is Your Property Affected by the Building Safety Act?

It's now been more than four months since the Building Safety Act 2022 (BSA) introduced new requirements that sought to improve the overall safety of high-rise buildings that have some element of residential use. Incepted to…more

Building Codes, Building Standards, Commercial Buildings, Residential Property Owners, UK

See all updates »

ESG Guidepost | Issue 10

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Business Strategies, Carbon Emissions, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs…more

Corporate Restructuring, Creditors, Debt Restructuring, Debtors, Insolvency

See all updates »

Debtors Must Continue to Consider English Restructuring Processes to Secure a Global Solution

Key Point The - UK government's proposals to only partially implement a new UNCITRAL Model Law means that creditors of English law debts who do not consent to a foreign restructuring proceeding will still have recourse to…more

Chapter 11, Commercial Bankruptcy, Cross-Border Insolvency Regulations (CBIR), Debt Financing, Debt Restructuring

See all updates »

Hope for the Best but Prepare for the Worst — Steps to Take If You are Worried About the Effects of the Pandemic on Your ISDA Counterparty

The unprecedented havoc wreaked on world economies by COVID-19 has put all manner of entities under financial stress. If some of those entities are your counterparties to swaps under either the 1992 ISDA Master Agreement or the…more

Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, ISDA, ISDA Master Agreement

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Sentencing Guidelines Amendment Prevents Judges From Considering Acquitted Conduct at Sentencing

Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their ultimate…more

Acquittals, Federal Sentencing Guidelines, SCOTUS, Sentencing

See all updates »

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal…more

CERCLA, Contaminated Properties, Environmental Assessments, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

The Latest Chapter in the Government's War on Purported "Junk" Fees: The CFPB Moves to Define Overdraft Services as Credit and to Cap Fee Amounts

On January 17, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Notice of Proposed Rulemaking regarding proposed changes to overdraft fee rules for certain banks and credit unions. In the widely anticipated…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Fees

See all updates »

FINRA Settles First Significant CAT Reporting Enforcement Action

On August 16, Instinet, LLC (Instinet or the Firm) agreed to pay a $3.8 million fine to settle an enforcement action with the Financial Industry Regulatory Authority (FINRA) regarding its alleged failure to comply with certain…more

Broker-Dealer, Consolidated Audit Trail, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Institutions

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

SEC Accelerates Beneficial Ownership Filing Deadlines but Holds Off on Other Changes

On October 10, the Securities and Exchange Commission (SEC or the Commission) adopted comprehensive changes to Regulation D-G, which governs beneficial ownership reporting under Section 13(d) of the Securities Exchange Act of…more

Beneficial Owner, Compliance, Disclosure Requirements, EDGAR, Filing Deadlines

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Financial Markets and Funds Quick Take | Issue 7

SEC to Inspect Firms for Compliance With New Advertising and Solicitation Rule - November 4 is the compliance date for the new rule governing advertising and solicitation activities by investment advisers. The new rule…more

Advertising, B2B Transactions, Bribery, California Consumer Privacy Act (CCPA), CFTC

See all updates »

Sentencing Guidelines Amendment Prevents Judges From Considering Acquitted Conduct at Sentencing

Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their ultimate…more

Acquittals, Federal Sentencing Guidelines, SCOTUS, Sentencing

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

New York Passes Revised Automatic Renewal Law

This advisory outlines key takeaways from New York's new Automatic Renewal Law (ARL), which contains new provisions that make it more similar to California's ARL. ARLs have become increasingly more common in consumer class…more

Automatic Renewals, Consumer Contracts, New Legislation, New York, State and Local Government

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Four Things to Know About Family Office Compensation and Talent

In an increasingly competitive market for sophisticated and experienced professional and investment talent, family offices are seeking and applying new approaches to attract and retain top level executives. Transactional Tax…more

Business Strategies, Compensation & Benefits, Employee Benefits, Employee Retention, Family Offices

See all updates »

Navigating the Regulatory Landscape – SEC Adopts New Rules Requiring Increased Disclosure on Stock Buybacks – Including Quarterly Reporting of Daily Repurchase Activity

On May 3, 2023, by a 3-2 vote, the Securities and Exchange Commission (SEC) adopted amendments to disclosure rules (the “new buyback disclosure rules”) relating to repurchases of equity securities by issuers (or repurchases on…more

Disclosure, Disclosure Requirements, Repurchase Agreements, Repurchases, Securities

See all updates »

ESG Guidepost | Issue 12

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

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

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Congress Mimics Existing Right of Publicity Laws, Expands Upon Them With Proposed NO FAKES Act - Kattison Avenue/Katten Kattwalk | Issue 3

The draft bill, circulated with bipartisan Senate support, would codify right of publicity protections for artificial intelligence (AI) creations that replicate any individual, not just those with commercially valuable…more

Artificial Intelligence, Artificial Reproduction, Fashion Design, Fashion Industry, Intellectual Property Protection

See all updates »

Third Circuit Says Statutory Trusts are ‘Covered Persons' Under Consumer Financial Protection Act

In a ruling long anticipated in the securitization industry, the US Court of Appeals for the Third Circuit on March 19 issued its opinion in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection

See all updates »

New York Passes Revised Automatic Renewal Law

This advisory outlines key takeaways from New York's new Automatic Renewal Law (ARL), which contains new provisions that make it more similar to California's ARL. ARLs have become increasingly more common in consumer class…more

Automatic Renewals, Consumer Contracts, New Legislation, New York, State and Local Government

See all updates »

Financial Markets and Funds Quick Take | Issue 18

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Biden Administration, Bitcoin, Blockchain, China, Cryptoassets

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Humanitarian Channel in Qatar to Administer $6 Billion in Funds Transferred Under Deal Releasing U.S. Citizens Wrongfully Held in Iran

In connection with the recently negotiated deal releasing five U.S. citizens wrongfully imprisoned by the government of Iran, on September 18, the U.S. government announced the establishment of a humanitarian channel (HC) in…more

Humanitarian Assistance, Iran, Prisoners

See all updates »

The Waivers Era Is Over Now That the End of the Public Health Emergency Is Here

In a memorandum issued by the Centers for Medicare and Medicaid Services (CMS) on May 1, 2023, CMS provided guidance to State Survey Agency Directors related to surveys of Long Term Care (LTC) and Acute and Continuing Care (ACC)…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Home Health Agencies, Hospitals, Public Health Emergency

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

Debtors Must Continue to Consider English Restructuring Processes to Secure a Global Solution

Key Point The - UK government's proposals to only partially implement a new UNCITRAL Model Law means that creditors of English law debts who do not consent to a foreign restructuring proceeding will still have recourse to…more

Chapter 11, Commercial Bankruptcy, Cross-Border Insolvency Regulations (CBIR), Debt Financing, Debt Restructuring

See all updates »

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office…more

Advertising, Artificial Intelligence, False Advertising, Greenwashing, Marketing

See all updates »

Tax Implications of LIBOR Reform

LIBOR (London Interbank Offered Rate) is a set of interest rate benchmarks based on the rates at which banks are willing to borrow wholesale-unsecured funds. It is used in numerous financial instruments such as loans,…more

Banking Sector, Benchmarks, Derivatives, Financial Conduct Authority (FCA), Interest Rates

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

New York City's Article XI Real Property Tax Exemption Program: Providing Attractive Real Property Tax Benefits for Multi-family Properties

Key Points - - The Housing Preservation Opportunities Program (the Program) offers attractive real property tax exemptions for multi-family projects located in New York City, including those that may be experiencing economic…more

Landlords, New Legislation, New York, Real Estate Brokers, Real Estate Development

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

2023 Katten Middle-Market Private Equity Report

Dealmakers Diverge on PE Outlook Amid Market Uncertainty - Middle-market private equity (PE) firms have mixed expectations for the U.S. mergers and acquisitions (M&A) market in 2023, citing high inflation and concern that…more

Acquisitions, Financing, Investors, Mergers, Private Equity

See all updates »

Financial Services Industry Year in Review: Regulatory Enforcement and Litigation Trends in 2021 and Beyond

Just like the rest of us, the financial services industry wasn't immune from the numerous and unprecedented pandemic-related challenges over the past year. Through our annual Financial Markets Litigation and Enforcement…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank

See all updates »

2022 Year-End Estate Planning Advisory

During 2022, COVID-19, the war in Ukraine, global inflation, the Tax Cuts and Jobs Act (TCJA), the uncertainty about the Build Back Better Act (BBBA), the Corporate Transparency Act (CTA), and the Inflation Reduction Act (IRA)…more

Biden Administration, Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption

See all updates »

Whether Obviousness Type Double Patenting Can Be Used to Invalidate Patents That Expire Later Because of Patent Term Adjustment

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP) to…more

Double Patent, Obviousness, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Expiration

See all updates »

Whether Obviousness Type Double Patenting Can Be Used to Invalidate Patents That Expire Later Because of Patent Term Adjustment

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP) to…more

Double Patent, Obviousness, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Expiration

See all updates »

DOJ Signals Increased Use of Corporate Monitors

On October 28, 2021, Deputy Attorney General Lisa Monaco announced revised Department of Justice (DOJ) guidance on corporate monitors. Going forward, prosecutors are free to require the imposition of a corporate monitor when…more

Compliance, Corporate Investigations, Corporate Misconduct, Corporate Monitoring, Corruption

See all updates »

Potential Pitfalls When Using Music in Social Media Marketing - Kattison Avenue/Katten Kattwalk | Issue 1

Harnessing the power of social media to market products and services is now commonplace, and can take a number of forms, including paying social media "influencers" to create content promoting products, reposting content created…more

Advertising, Copyright Infringement, Facebook, Influencers, Marketing

See all updates »

Texas Legislates New Requirements for Online Interactions with Minors

On June 13, Governor Greg Abbott signed the Securing Children Online through Parental Empowerment (SCOPE) Act, making Texas the third state to pass legislation aimed at regulating minors' interactions with social media…more

Digital Platforms, Digital Service Providers, Marketing, Minor Children, New Legislation

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

SEC Adopts Regulation AB II

On August 27, the Securities and Exchange Commission at an open meeting unanimously adopted Regulation AB II (Reg AB II). The final rule provides significant revisions to Regulation AB, which provides the rules regarding the…more

Asset-Backed Securities, Disclosure Requirements, Dodd-Frank, EDGAR, New Regulations

See all updates »

Regulators and Law Enforcement are Closely Monitoring the Crypto Sector

Triggered by the collapse of FTX, regulators and law enforcement officials have made clear that they have the crypto sector under the microscope. While their initial steps have focused on FTX, its sister company, Alameda…more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Department of Justice (DOJ), Digital Assets

See all updates »

Corporate and Financial Weekly Digest - Volume XII, Issue 34

SEC/CORPORATE - NYSE Issues Proposed Amendment to Limit Issuance of Material News After Market Close - On August 18, the New York Stock Exchange (NYSE) issued a proposed amendment to Section 202.06 of the NYSE Listed…more

Delaware General Corporation Law, Global Systemically Important Banks (G-SIBs), Insider Trading, NYSE, Personal Benefit

See all updates »

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change the…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears…more

Arbitration, Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants

See all updates »

California Court of Appeal Ruling Limits Application of Default Interest

The California Court of Appeal recently ruled that California law treats default interest measured against the unpaid principal balance of a loan as an unenforceable penalty. In Honchariw v. FJM Private Mortgage Fund, LLC (see…more

Borrowers, California, Contract Terms, Financial Contracts, Financial Services Industry

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

ESG Guidepost | Issue 10

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Business Strategies, Carbon Emissions, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs…more

Corporate Restructuring, Creditors, Debt Restructuring, Debtors, Insolvency

See all updates »

ESG Guidepost | Issue 11

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

Acquisitions, Corporate Social Responsibility, Electric Vehicles, Environmental Social & Governance (ESG), EU

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

UK Financial Insights from Katten | Issue 10

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Artificial Intelligence, Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Markets

See all updates »

See Katten's Model Clawback Policy as Mandatory Rules Take Effect

As we previously noted, the Securities and Exchange Commission (SEC) adopted long-delayed rules on October 26, 2022, which will require companies to implement mandatory "clawback" policies with respect to incentive-based…more

Clawbacks, Corporate Governance, Corporate Officers, Disclosure Requirements, Dodd-Frank

See all updates »

U.S. Senators Elizabeth Warren and Roger Marshall Introduce "Digital Asset Anti-Money Laundering Bill"

U.S. Senators Elizabeth Warren and Roger Marshall are introducing the Digital Asset Anti-Money Laundering Act (the "Act"), with the aim of bringing the crypto and digital asset ecosystem under existing anti-money laundering and…more

Anti-Money Laundering, Cryptocurrency, Digital Assets, Elizabeth Warren, FinCEN

See all updates »

English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs…more

Corporate Restructuring, Creditors, Debt Restructuring, Debtors, Insolvency

See all updates »

SEC Chairman Announces Plans for Further Regulation of Rule 10b5-1 Plans

On June 7, Securities and Exchange Commission (SEC) Chairman Gary Gensler announced plans to revise rules governing Rule 10b5-1 plans. Rule 10b5-1 plans provide executive insiders with a defense against insider trading claims…more

Insider Trading, Material Nonpublic Information, Rule 10b-5, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

See all updates »

Privacy, Data and Cybersecurity Quick Bytes | Issue 1

Welcome to the inaugural issue of Katten’s Privacy, Data and Cybersecurity Quick Bytes. Each month, Quick Bytes will highlight the latest news and legal developments involving privacy, data and cybersecurity issues across the…more

California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Protection, Financial Institutions

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

Is Your Property Affected by the Building Safety Act?

It's now been more than four months since the Building Safety Act 2022 (BSA) introduced new requirements that sought to improve the overall safety of high-rise buildings that have some element of residential use. Incepted to…more

Building Codes, Building Standards, Commercial Buildings, Residential Property Owners, UK

See all updates »

2023 Year-End Estate Planning Advisory

We have certainly had our share of turbulent waters in the estate planning world from 2020-2022. With two significant elections, it is hard to remember a previous time with such substantial uncertainty about how tax planning and…more

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

See all updates »

New Year, New Remote Monitoring Services Billing Rules

Introduction on Final Rule - On November 23, 2023, the Centers for Medicare & Medicaid Services (CMS) published the final rule for payment policies under the Physician Fee Schedule for calendar year 2024 (Final Rule). This…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medical Devices, Medicare

See all updates »

Coronavirus (COVID-19) Federal and New York Health Care Primary Legal Sources - April 2020

A note from Katten’s Health Care team to our friends and colleagues - Our work involving the health care law of COVID-19 has necessarily involved a large body of “new law” and new resources. Katten’s health care attorneys…more

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

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 6

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe…more

Artificial Intelligence, Biometric Information Privacy Act, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Privacy

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

2023 Katten Middle-Market Private Equity Report

Dealmakers Diverge on PE Outlook Amid Market Uncertainty - Middle-market private equity (PE) firms have mixed expectations for the U.S. mergers and acquisitions (M&A) market in 2023, citing high inflation and concern that…more

Acquisitions, Financing, Investors, Mergers, Private Equity

See all updates »

Want to Leave Your Employment? That Will Cost You!

It's the run-up to bonus season in the UK and there is a lot to talk about. While the markets may have cooled down, the caps are off! In a controversial move, regulators removed the regulatory cap on banker's bonuses on 31…more

Bonuses, Clawbacks, Corporate Bonuses, Employer Liability Issues, Hiring & Firing

See all updates »

United States ex rel. Polansky v. Executive Health Resources, Inc, et al.: Supreme Court Clarifies Standard Under Which Government Can Intervene and Dismiss FCA Actions

Today, the Supreme Court issued a decision in United States el rel. Polansky v. Executive Health Resources, Inc., et al, clarifying that the government maintains authority to dismiss a qui tam False Claims Act (FCA) action after…more

Certiorari, False Claims Act (FCA), Motion to Dismiss, Qui Tam, Relators

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

SEC Accelerates Beneficial Ownership Filing Deadlines but Holds Off on Other Changes

On October 10, the Securities and Exchange Commission (SEC or the Commission) adopted comprehensive changes to Regulation D-G, which governs beneficial ownership reporting under Section 13(d) of the Securities Exchange Act of…more

Beneficial Owner, Compliance, Disclosure Requirements, EDGAR, Filing Deadlines

See all updates »

The Latest Chapter in the Government's War on Purported "Junk" Fees: The CFPB Moves to Define Overdraft Services as Credit and to Cap Fee Amounts

On January 17, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Notice of Proposed Rulemaking regarding proposed changes to overdraft fee rules for certain banks and credit unions. In the widely anticipated…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Fees

See all updates »

Corporate & Financial Weekly Digest, Featuring Articles on the SEC's Efforts to Help Underrepresented Business Founders and Investors, and the FCA Continues to Make ESG a Priority

BROKER-DEALER - SEC Small Business Capital Formation Advisory Committee to Discuss Opportunities for Underrepresented Founders and Investors - On April 26, the Securities and Exchange Commission announced that its Small…more

Brokers, CFTC, Climate Change, Financial Conduct Authority (FCA), Financial Industry Regulatory Authority (FINRA)

See all updates »

Measure ULA – An Additional Transfer Tax on Real Estate Transfers

Measure ULA, also known as the Homelessness and Housing Solutions Tax (HHS Tax), and usually referred to as a "mansion tax," has been approved by voters. The measure creates a new tax on certain property transfers in the city of…more

California, City of Los Angeles, Commercial Real Estate Market, New Legislation, Real Estate Professionals

See all updates »

Privacy, Data and Cybersecurity Quick Clicks | Issue 3

Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA - In an eagerly-awaited decision in Cothron v. White Castle System, Inc.,…more

Biden Administration, Biometric Information, California Privacy Protection Agency (CPPA), China, Cross-Border

See all updates »

California Court of Appeal Ruling Limits Application of Default Interest

The California Court of Appeal recently ruled that California law treats default interest measured against the unpaid principal balance of a loan as an unenforceable penalty. In Honchariw v. FJM Private Mortgage Fund, LLC (see…more

Borrowers, California, Contract Terms, Financial Contracts, Financial Services Industry

See all updates »

Health Care Law Perspectives | Volume 2 - August 2020

The health care industry has long been a primary target of malicious cyber criminals, but since the emergence of COVID-19, organizations on the front lines of fighting the pandemic have experienced a rise in cybersecurity…more

Coronavirus/COVID-19, Cybersecurity, Data Breach, Equal Employment Opportunity Commission (EEOC), Health Care Providers

See all updates »

Privacy, Data and Cybersecurity Quick Bytes | Issue 1

Welcome to the inaugural issue of Katten’s Privacy, Data and Cybersecurity Quick Bytes. Each month, Quick Bytes will highlight the latest news and legal developments involving privacy, data and cybersecurity issues across the…more

California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Protection, Financial Institutions

See all updates »

ESG Guidepost | Issue 13

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters…more

China, Corporate Governance, Corporate Social Responsibility, Corporate Transparency Act, Cybersecurity

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

Fraud, Reform and the Registrar: Economic Crime and Corporate Transparency Act 2023

A year and a half after the Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent, the Economic Crime and Corporate Transparency Act 2023 (Act) came into law on 26 October 2023. Although the Act does…more

Corporate Crimes, Corporate Entities, Corporate Governance, Corporate Transparency Act, Criminal Liability

See all updates »

Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal Jurisdiction

The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do business…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

2021 PRIVATE CREDIT SURVEY REPORT - Despite Private Credit’s Sunny Outlook, Questions Emerge About Lender/Investor Congeniality, LIBOR

In February, Katten conducted a survey of 112 private credit industry professionals that showed how a large percentage of private equity investors and lenders in the private credit industry expect deal flow to increase in 2021…more

Banking Sector, Financial Institutions, Financial Markets, Interest Rates, Lenders

See all updates »

UK Financial Insights from Katten | Issue 9

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe…more

Banking Sector, Banks, Digital Assets, EU, Financial Conduct Authority (FCA)

See all updates »

See Katten's Model Clawback Policy as Mandatory Rules Take Effect

As we previously noted, the Securities and Exchange Commission (SEC) adopted long-delayed rules on October 26, 2022, which will require companies to implement mandatory "clawback" policies with respect to incentive-based…more

Clawbacks, Corporate Governance, Corporate Officers, Disclosure Requirements, Dodd-Frank

See all updates »

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant…more

Coronavirus/COVID-19, Fashion Branding, Fashion Design, Fashion Industry, Force Majeure Clause

See all updates »

Texas Hospital-at-Home Program Is Official & HHSC Again Extends Emergency Rule

Recently we published a post, titled "Texas Legislature Provides Pathway for Continuation of Hospital-at-Home Program," which discussed House Bill 1890 that passed both houses of the Texas Legislature and was pending the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Hospitals, State Legislatures

See all updates »

The Katten Kattwalk - Issue 06

In this issue: - “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic - You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined Trademarks -…more

Domain Names, Exceptional Case, Fee-Shifting, Generic, Google

See all updates »

Structured Finance Year in Review and the Outlook for 2021 | Key Takeaways

On December 8 and 10, Katten’s Structured Finance and Securitization Department presented the “Year in Review and Outlook for 2021” webinar series. Topics covered by Katten attorneys and guest speakers include the impact of the…more

Biden Administration, Coronavirus/COVID-19, EU, FDIC, FinTech

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

CMS Calls for Novel Federal Staffing Standards in Nursing Homes

The Centers for Medicare & Medicaid Services (CMS) issued a proposal on September 1 calling for the first national minimum staffing standards for nursing homes. The Minimum Staffing Standards for Long-Term Care (LTC) Facilities…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

See all updates »

OIG Issues Favorable Advisory Opinion for Certain Physician Employee Bonuses

On October 13, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion No. 23-07. In this opinion, the OIG responded favorably to a proposed arrangement whereby…more

Ambulatory Surgery Centers, Department of Health and Human Services (HHS), Health Care Providers, OIG, Physicians

See all updates »

SDNY Holds No Attorney-Client Privilege Applies to Communications With In-House Legal Department in China

A US District Court in the Southern District of New York recently ordered Bank of China Limited (BOC) to produce thousands of documents that the court found not to be protected by the attorney-client privilege or work-product…more

Attorney-Client Privilege, China, Confidential Communications, Corporate Counsel

See all updates »

Financial Markets and Funds Quick Take | Issue 25

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds…more

Climate Change, Disclosure Requirements, EU, Financial Conduct Authority (FCA), Financial Markets

See all updates »

Initial Margin Guidance for US Swap End Users

Thanks to recent actions taken by the Commodity Futures Trading Commission (CFTC) and the five US prudential regulators responsible for the uncleared swap margin rules for bank swap dealers, most US end user participants in the…more

CFTC, Derivatives, Major Swap Participants, Swaps

See all updates »

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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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