Alston & Bird

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One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424, United States
Phone: 404-881-7000
Fax: 404-881-7777
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Georgia
  • New York
  • North Carolina
  • Texas
Other Countries
  • Belgium
  • China
  • United Kingdom
Number of Attorneys
800+ Attorneys

IRS Prioritizes Enforcement Against High-Wealth Taxpayers in the Inflation Reduction Act Strategic Operating Plan

The Inflation Reduction Act Strategic Operating Plan, released last week by the Internal Revenue Service, envisions a future of increased audits and penalties for family offices, high-wealth individuals, large partnerships, and…more

Audits, Enforcement, Inflation Reduction Act (IRA), IRS, Penalties

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FTC Increases Hart–Scott–Rodino Act Thresholds and Filing Fees for 2024

Our Antitrust and Mergers & Acquisitions Groups analyze this year’s Hart–Scott–Rodino Act adjustments and the Federal Trade Commission’s plans for a potential government shutdown…more

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

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Food & Beverage Digest – January 2022

In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff offers a toast to cinnamon, flavored water…more

Advertising, Class Action, False Advertising, Food Labeling, Food Manufacturers

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District Courts Split on Convenience Fees Under Debt Collection Laws

A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by…more

Borrowers, Convenience Fees, Debt Collection, Debt Collectors, FDCPA

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Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

See all updates »

“Failure to Prevent” and More: The UK Economic Crime and Corporate Transparency Act 2023 Is Here

Our White Collar, Government & Internal Investigations Team highlights key elements of the UK’s Economic Crime and Corporate Transparency Act…more

Corporate Crimes, Corporate Governance, Corporate Transparency Act, Failure to Prevent, Financial Crimes

See all updates »

New Legislation Brings Sweeping Changes to the U.S. AML Regime

Our Financial Services & Products Group studies the newly enacted anti-money laundering provisions of this year’s National Defense Authorization Act…more

Anti-Money Laundering, Beneficial Owner, FinCEN, NDAA, Reporting Requirements

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FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. …more

Financial Institutions, Libor, Mortgage Lenders, Mortgage Servicers, Mortgages

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A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Class Action & MDL Roundup – Fall 2021

In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and…more

Class Action, Class Certification, Class Members, Coronavirus/COVID-19, Corporate Counsel

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FCC Issues a Notice of Proposed Rulemaking That Will Impact Consent Under the TCPA

Our TCPA Counseling & Litigation Team calls out the four ways the Federal Communications Commission’s new proposed rule would strengthen consumer rights under the Telephone Consumer Protection Act…more

Comment Period, Consent, FCC, NPRM, Robocalling

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Land Use Matters September 2023 - CEQA Appellate Decisions & Other Legal Developments

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) - Save Our Access v. City of San Diego (4th. App. Dist., June 2023) - This case involved a challenge to the City of San Diego’s approval of a ballot measure to remove a community plan…more

CEQA, Environmental Impact Report (EIR), Housing Developers, Real Estate Development, Standard of Review

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Patent Case Summaries - July 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions…more

Department of Education, Educational Institutions, Financial Aid, Higher Education Act, Title IV

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Class Action & MDL Roundup – Winter 2021

Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends…more

Advertising, Business Interruption, Class Action, Class Certification, Class Members

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UK Government Publishes First Annual Report on New UK National Security & Investment Regime

The UK’s version of the United States’ Committee for Foreign Investment in the United States went into effect January 2022. Our International Trade & Regulatory Group and London competition team summarise key facts, significant…more

Acquisitions, Foreign Acquisitions, Foreign Investment, Investors, National Security

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UK Treasury Moves Forward with Plans to Regulate Stablecoins for Payments

Our Financial Services & Products London Team examines the UK’s foray into the regulation of cryptoassets in its effort to be ‘a global hub’ for crypto-companies…more

Cryptoassets, Distributed Ledger Technology (DLT), Financial Conduct Authority (FCA), Financial Markets, Financial Transactions

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Superfund PFAS Rule Will Trigger New Obligations at Many Sites

Our Environment, Land Use & Natural Resources Group clarifies a new Environmental Protection Agency rule that could complicate current Superfund cleanups and enforcement…more

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

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Top 10 Issues General Counsel Need to Know About Ransomware in 2024

Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and…more

Corporate Counsel, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Lessons from DOJ’s First Prosecution of a Company Executive Covering Up a Data Breach

Our Privacy, Cyber & Data Strategy and White Collar, Government & Internal Investigations teams offer key takeaways that companies should consider in the wake of the Justice Department’s first prosecution of a corporate…more

Corporate Counsel, Criminal Investigations, Criminal Prosecution, Data Breach, Data Privacy

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Patent Case Summaries | Week Ending January 19, 2024

CyWee Group Ltd. v. ZTE (USA), Inc., et al., No. 2021-1855 (Fed. Cir. (PTAB) Jan. 18, 2024). Opinion by Prost, joined by Hughes and Stoll. ZTE filed an IPR petition challenging certain claims in a patent owned by CyWee. Later,…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Yet More Carrots: DOJ Announces New Whistleblower Pilot Program

Our White Collar, Government & Internal Investigations Team reviews a new program announced by the Department of Justice (DOJ) that aims to incentivize reporting of corporate and financial misconduct…more

Compliance, Corporate Misconduct, Corruption, Department of Justice (DOJ), Disclosure

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Russian Bond Default and CDS Credit Event: How Did We Get Here and Where Are We Going?

Our Financial Services & Products Group provides background on how Russia defaulted on its eurobonds and discusses the implications for Russian bond and credit default swap positions…more

Bonds, CDS, Default, Eurobonds, Financial Services Industry

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Patent Case Summaries - July 2023 #3

United Therapeutics Corp. v. Liquidia Technologies, Inc., Nos. 2022-2217, 2023-1021 (Fed. Cir. (D. Del.) July 24, 2023). Opinion by Lourie, joined by Dyk and Stoll. United Therapeutics sued Liquidia for infringement of two…more

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

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Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing

In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former…more

Class Action, Data Breach, Dismissals, Marriott, Standing

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Does Your Force Majeure Provision Extend to the Coronavirus? (Updated)

The coronavirus has caused unprecedented business disruptions on a global scale. Our Litigation Group diagnoses the problem and discusses how the ramifications could trigger force majeure provisions in your contracts…more

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

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Yet More Carrots: DOJ Announces New Whistleblower Pilot Program

Our White Collar, Government & Internal Investigations Team reviews a new program announced by the Department of Justice (DOJ) that aims to incentivize reporting of corporate and financial misconduct…more

Compliance, Corporate Misconduct, Corruption, Department of Justice (DOJ), Disclosure

See all updates »

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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Court Holds Forensic Investigator’s Report is Protected from Disclosure

Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach. There has been little case law, however, directly addressing the extent to which the attorney-client…more

Attorney-Client Privilege, Cyberforensics, Data Breach, Work-Product Doctrine

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CISA Posts Notice of Proposed Rulemaking Under CIRCIA

On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking (NPRM) implementing the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). For additional…more

Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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SEC Approves Liquidity Risk Management Rules for Mutual Funds and ETFs

On October 13, 2016, at an open meeting, the U.S. Securities and Exchange Commission (SEC) voted to approve three rules designed to enhance effective liquidity risk management by open-end funds, including mutual funds and…more

Disclosure Requirements, ETFs, Mutual Funds, Reporting Requirements, Risk Management

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FTC Continues Its Focus on Health Privacy

Our Privacy, Cyber & Data Strategy, Consumer Protection/FTC, and Health Care Teams examine the Federal Trade Commission’s continued focus on consumer privacy in the digital health care space…more

Breach Notification Rule, Consumer Privacy Rights, Data Breach, Data Privacy, Electronic Protected Health Information (ePHI)

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Patent Case Summaries | Week Ending October 27, 2023

Netflix, Inc. v. DivX, LLC, Nos. 2022-1203, -1204 (Fed. Cir. (PTAB) Oct. 25, 2023). Opinion by Chen, joined by Linn. Dissenting opinion by Dyk. Netflix appealed two IPR final written decisions determining that Netflix failed to…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Netflix, Patent Litigation, Patent Trial and Appeal Board

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Biden Administration Seeking Big Changes to “Made in America” Requirements

On January 25, 2021, President Biden signed an Executive Order, titled “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers,” aimed at strengthening domestic manufacturing and increasing…more

Biden Administration, Buy America, Buy American Act, Executive Orders, Federal Acquisition Regulations (FAR)

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FTC Proposes Significant Amendments to the COPPA Rule

Our Consumer Protection/FTC and Privacy, Cyber & Data Strategy teams review how the Federal Trade Commission’s proposal to amend the COPPA Rule would to create significant operational changes for website operators…more

COPPA, Data Privacy, Data Protection, Federal Trade Commission (FTC), NPRM

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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What Workers Are Covered by the FTC’s Ban of Noncompete Clauses?

Our Labor & Employment and Antitrust teams unpack the new Federal Trade Commission rule banning most employer noncompete clauses…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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The CFPB’s Funding Structure Held Unconstitutional: The Practical Implications

A&B ABstract: In another existential challenge to the CFPB, last week the Fifth Circuit held in the Community Financial case that the CFPB’s funding structure is unconstitutional. On this ground, it vacated the CFPB’s Payday…more

Consumer Financial Protection Bureau (CFPB), Financial Services Industry

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Green Book Previews Biden Administration’s Opening Offer in 2025 Tax Reform Debate

Our Federal & International Tax Group covers notable business and individual tax proposals revealed by the Biden Administration in this year’s Green Book…more

Biden Administration, Business Taxes, Corporate Taxes, Excise Tax, Green Book

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Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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Patent Case Summaries - June 2020 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patents

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FTC Proposes New Rule Targeting “Junk Fees”

The Federal Trade Commission’s latest effort to regulate fees cuts across many industries and comes on the heels of remarks by President Biden condemning “junk fees.” Our Consumer Protection/FTC Team reviews how the advance…more

Advanced Notice of Proposed Rulemaking (ANPRM), Advertising, Disclosure Requirements, Federal Trade Commission (FTC), Fees

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FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization

Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization - Both the House and Senate are in session this week. Early Monday morning, congressional negotiators announced they reached a bipartisan,…more

Biden Administration, Federal Aviation Administration (FAA), Federal Budget, Federal Funding, Fossil Fuel

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Structured Finance Spectre - October 2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the…more

Banking Sector, Borrowers, Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), FDIC

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California OEHHA Moves to Implement New Proposition 65 Rules on Acrylamide

Acrylamide is a hot potato in California after the Office of Environmental Health Hazard Assessment proposed to set maximum levels in foods from almonds to potatoes to waffles. Our Environment, Land Use & Natural Resources Group…more

Food Labeling, Food Manufacturers, OEHHA, Proposition 65, Toxic Chemicals

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

Patent Case Summaries | Week Ending April 12, 2024

Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc., Nos. 2022-2153, 2023-1952 (Fed. Cir. (D. Del.) Apr. 11, 2024). Opinion by Lourie, joined by Chen. Opinion dissenting-in-part by Cunningham…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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CFPB and FTC Amicus Brief Signals Stance on “Pay-to-Pay” Fees under FDCPA

What Happened? On February 27, the Consumer Finance Protection Bureau (CFPB) and the Federal Trade Commission (FTC) filed an amicus brief in the 11th Circuit case Glover and Booze v. Ocwen Loan Servicing, LLC arguing that…more

Amicus Briefs, Consumer Financial Protection Bureau (CFPB), Convenience Fees, Debt Collection, FDCPA

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New York State Department of Financial Services Outlines Prior Approval Process for Virtual Currency-Related Activity

The New York State Department of Financial Services has issued an industry letter detailing the prior approval process for all New York banking organizations seeking to engage in new or significantly different virtual…more

Banking Sector, BitLicense, Cryptocurrency, Financial Institutions, Financial Services Industry

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Ninth Circuit Green-Lights Employers’ Continued Use of Mandatory Arbitration Agreements in California

Our Labor & Employment Group examines why the Ninth Circuit reversed itself and ruled that the Federal Arbitration Act preempts a California law that prohibited arbitration agreements as a condition of employment…more

Arbitration, Arbitration Agreements, California, Employment Contract, Federal Arbitration Act

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“Failure to Prevent” and More: The UK Economic Crime and Corporate Transparency Act 2023 Is Here

Our White Collar, Government & Internal Investigations Team highlights key elements of the UK’s Economic Crime and Corporate Transparency Act…more

Corporate Crimes, Corporate Governance, Corporate Transparency Act, Failure to Prevent, Financial Crimes

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FTC Finalizes CARS Rule Imposing Substantial Regulatory Requirements on Auto Dealerships

The Federal Trade Commission (FTC) has finalized its Combating Auto Retail Scams Trade Regulation (CARS) Rule, which will affect almost every aspect of auto advertising and sales. Our Consumer Protection/FTC Team explains how…more

Automotive Industry, Car Dealerships, CARS Rule, Disclosure Requirements, Federal Trade Commission (FTC)

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Legislative Intent Supports a Year’s Reprieve from California’s Voluntary Carbon Market Disclosure Act

Our Environment, Land Use & Natural Resources and Securities Groups review the possibility of a welcome delay to enforcement of California’s Voluntary Carbon Market Disclosure Act…more

California, Compliance, Environmental Social & Governance (ESG), Voluntary Disclosure, Websites

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The IRS’s Latest Play on NIL Collectives: Tax-Exempt Status on the Defensive

Our Federal Tax and Exempt Organizations teams tackle the implications of the IRS chief counsel’s conclusion that nonprofit organizations created to pool donations and develop paid name, image, and likeness (NIL) opportunities…more

IRS, Name and Likeness, NCAA, Student Athletes, Tax Exemptions

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Biden Competition Order May Influence Bank Merger Approvals

Our Financial Services & Products and Antitrust Groups examine the Biden Administration’s call to revitalize oversight of bank consolidations and what it means for smaller banks’ ability to compete against their larger…more

Banking Sector, Banks, Biden Administration, Competition, Executive Orders

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E.U.-U.S. Agreement on Equivalence for Central Clearing Parties: Building Cross-Border Harmony

Despite the consensus reached over six years ago among G-20 regulators on general principles for derivatives regulation, implementation of those principles in cross-border contexts has not always been smooth…more

Central Counterparties, Cross-Border Transactions, Derivatives, Derivatives Clearing Organizations, EU

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Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in 1974…more

Air Quality Standards, California, CEQA, City of Los Angeles, Commercial Property Owners

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Get Out Your Crystal Ball: The Challenges of Tax Planning in the Current Age of Uncertainty

It is said the future is not yet written. But the Biden Administration has a draft ready for Congress. Our Federal Tax Group gazes into the Made in America tax plan to find the many questions that await within…more

Biden Administration, Capital Gains Tax, Corporate Taxes, Tax Planning, Tax Rates

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$19 Million Criminal Penalty Levied Against Food Manufacturer Serves as a Stark Reminder of the Importance of Food Safety Obligations

A salmonella outbreak that sickened hundreds brought the largest criminal penalty ever imposed following a criminal conviction in a food safety case. Our Food & Beverage and White Collar, Government & Internal Investigations…more

Beverage Manufacturers, Blue Bell Creameries, CGMP, Criminal Prosecution, Department of Justice (DOJ)

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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FDA Issues Draft Guidance on Post-Warning Letter Meeting Requests Under GDUFA

On September 1, the Food and Drug Administration issued draft guidance for post-warning letter meeting requests under the Generic Drug User Fee Amendments. Our FDA Compliance & Enforcement Team outlines factors drug…more

Compliance, Draft Guidance, Food and Drug Administration (FDA), GDUFA, Manufacturers

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HHS Final Rule Brings Sweeping, Complex Changes for Substance Use Records

A new HHS Final Rule overhauls the federal Part 2 regulations on the confidentiality of substance use disorder (SUD) records. Our Heath Care Health Care and Privacy, Cyber & Data Strategy Groups unpack how the changes will…more

Breach Notification Rule, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

A&B ABstract: Less than one month into the new year, New York’s Department of Financial Services (DFS) has taken strong measures to make good on its proclamation that “2020 must be the year of the consumer” by: (1) unveiling…more

Financial Services Industry, Governor Cuomo, NYDFS, State and Local Government

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Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Alston & Bird Healthcare Week in Review

Below is Alston & Bird’s Healthcare Week in Review, which provides a synopsis of the latest news in healthcare regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Food and Drug Administration (FDA), Health Care Providers, SAMHSA, World Health Organization

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DEI on Campus: These Invitations Claim Rigorous Hope

How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and…more

College Admissions, Colleges, Department of Education, Department of Justice (DOJ), Diversity

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Opportunistic Credit Default Swap Strategies in the Crosshairs: SEC Finalizes Rule 9j-1

The Dodd–Frank Act continues to spawn new rules more than a decade after its passage. Our Financial Services & Products Group reviews a rule finalized 10 years after its proposal that protects security-based swaps from fraud and…more

Dodd-Frank, Financial Services Industry, Regulatory Oversight, Rulemaking Process, Securities and Exchange Commission (SEC)

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Is the Standard Negligence or Intent? Supreme Court to Address Circuit Split on Section 14(e) Claims

On January 4, 2019, the Supreme Court of the United States granted certiorari and agreed to hear a challenge by Emulex Corporation to a 2018 Ninth Circuit ruling regarding the scope of liability under Section 14(e) of the…more

Certiorari, Mergers, Negligence, SCOTUS, Securities Exchange Act

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PTET Elections: Don’t Let Them “Pass” By Unnoticed in M&A Transactions

The potential complexities surrounding pass-through entity tax elections might make you cry, but the potential tax benefits won’t make you blue. Our Federal Tax Group examines how PTET elections have become an important planning…more

Acquisitions, S-Corporation, SALT, Tax Cuts and Jobs Act

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Proposed Amendment to California Consumer Privacy Act Would Expand Private Right of Action

On February 25, California’s Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced new legislation to amend the California Consumer Privacy Act (CCPA). The CCPA as currently enacted establishes a private…more

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

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Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in 1974…more

Air Quality Standards, California, CEQA, City of Los Angeles, Commercial Property Owners

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Will Increasing Housing Density in Single-Family Neighborhoods Help Solve California’s Housing Crisis?

Now that Senate Bills 9 and 10 have been signed into law, California has taken away a measure of control over affordable housing from local jurisdictions. Our Environment, Land Use & Natural Resources Group investigates the…more

Affordable Housing, California, Governor Newsom, Homeless Issues, Housing Market

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Class Action & MDL Roundup 2022 Q3 – Directing Physical Loss and Damage

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2022. In this edition, all dog stairs go to heaven, the Third Circuit resets Article III standing, and…more

401k, Antitrust Litigation, Class Action, Class Certification, Class Members

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Public Health Emergency Set to End May 11, 2023: What It Means for FDA-Regulated Firms and Products

The coming end to the COVID-19 public health emergency doesn’t mean the end of all FDA authorities exercised during the pandemic. Our FDA/Food, Drug & Device Team explores what will happen to the FDA’s emergency use…more

Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Medical Devices, Public Health Emergency

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Certain FFCRA Paid Sick Leave Regulations Struck Down by New York Federal Court

A federal judge has thrown a wrench into the Department of Labor’s implementation of a key component of the government’s response to the coronavirus pandemic. Our Labor & Employment Group examines how the court struck down four…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Health Care Providers

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New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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Structured Finance Spectrum – July 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. Guest edited by our London team, this edition focuses on the opportunities that come from stressed…more

Banking Sector, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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What Workers Are Covered by the FTC’s Ban of Noncompete Clauses?

Our Labor & Employment and Antitrust teams unpack the new Federal Trade Commission rule banning most employer noncompete clauses…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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Structured Finance Spectrum – July 2020

Diverse talents bring diverse ideas. Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Aviation Industry, Coronavirus/COVID-19, Diversity, Due Diligence, Mortgage-Backed Securities

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Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Patent Case Summaries - July 2023 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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DOJ Antitrust Division Considers Changing Its Bank Merger Review Guidelines

Banking has evolved over the quarter century since the Department of Justice Antitrust Division released its 1995 Bank Merger Competitive Review Guidelines. Our Financial Services & Products and Antitrust groups explain what you…more

Antitrust Division, Banking Sector, Department of Justice (DOJ), Merger Reviews, Mergers

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Superfund PFAS Rule Will Trigger New Obligations at Many Sites

Our Environment, Land Use & Natural Resources Group clarifies a new Environmental Protection Agency rule that could complicate current Superfund cleanups and enforcement…more

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

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Land Use Matters: April 2021

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters and new CEQA appellate decisions…more

California, CEQA, City Councils, City of Los Angeles, City Planning Departments

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Patent Case Summaries - September 2022 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Macquarie: High Court Declines to Expand Corporate Liability

The U.S. Supreme Court’s decision in Macquarie v. Moab Partners draws a clear distinction between pure omissions and half-truths. Our Securities Litigation Group explains how the Court resolved a circuit split over public…more

Corporate Liability, Disclosure Requirements, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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Green Book Previews Biden Administration’s Opening Offer in 2025 Tax Reform Debate

Our Federal & International Tax Group covers notable business and individual tax proposals revealed by the Biden Administration in this year’s Green Book…more

Biden Administration, Business Taxes, Corporate Taxes, Excise Tax, Green Book

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Federal Bank Regulators Set Out Regulatory Roadmap for Crypto-Assets

Our Financial Services & Products Group investigates the federal banking regulators’ roadmap for crypto-asset regulation in 2022 and a new OCC procedure national banks must comply with to conduct crypto-asset activities…more

Cryptoassets, Cryptocurrency, FDIC, Federal Bank Regulatory Agencies, OCC

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Supreme Court Issues First Unclaimed Property Opinion in 30 Years

The U.S. Supreme Court released its long-awaited decision in the MoneyGram case pitting 30 states against Delaware. Our Unclaimed Property Team breaks down the decision and how it could affect holders in the future…more

Jurisdiction, Money Orders, Moneygram, SCOTUS, Unclaimed Property

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Department of Labor Issues Final Rule to Amend Overtime Regulations in Two Phases

Our Labor & Employment Group examines how employers can prepare for changes to employee exemption classifications under the Fair Labor Standards Act’s (FLSA) overtime requirements…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization

Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization - Both the House and Senate are in session this week. Early Monday morning, congressional negotiators announced they reached a bipartisan,…more

Biden Administration, Federal Aviation Administration (FAA), Federal Budget, Federal Funding, Fossil Fuel

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Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v…more

Article III, Corporate Counsel, Data Breach, Hackers, Identity Theft

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Wellness: Is Consent the Cure?

In Wellness Int’l Network Ltd. v. Sharif, the U.S. Supreme Court has added another piece of the puzzle needed to resolve the long-discussed issue of bankruptcy court authority. This issue stems from the structure of the…more

Article I, Article III, Bankruptcy Code, Bankruptcy Reform, Consent

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Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Is Medicare Physician Fee Schedule Reform on the Horizon?

The decreasing value of Medicare reimbursements for physicians has caught the attention of a group of doctors in Congress. Our Heath Care Group explains how draft legislation would stabilize the Physician Fee Schedule (PFS)…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Inpatient Prospective Payment System (IPPS), Medicare, Physician Fee Schedule

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Supreme Court Issues First Unclaimed Property Opinion in 30 Years

The U.S. Supreme Court released its long-awaited decision in the MoneyGram case pitting 30 states against Delaware. Our Unclaimed Property Team breaks down the decision and how it could affect holders in the future…more

Jurisdiction, Money Orders, Moneygram, SCOTUS, Unclaimed Property

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$1.8 Billion in SEC and CFTC Fines Highlights Continued Scrutiny of Unapproved Messaging Platforms

Federal enforcement agencies continue to scrutinize investment advisers’ use of personal devices and messaging platforms to conduct business. Our team reviews how recent penalties should encourage companies to create internal…more

CFTC, Department of Justice (DOJ), Enforcement Actions, Instant Messaging Apps, Investment Adviser

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Declaration of Independence: Preserving the Role of the Independent Fiduciary Post-Dudenhoeffer

In the wake of Fifth Third v. Dudenhoeffer, a complaint that seeks to hold an ERISA fiduciary liable for failing to divest a plan of employer stock based solely upon publicly available information fails to state a plausible…more

Duty of Loyalty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), ESOP, Fiduciary Duty

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The State of Incorporation Is the TC Heartland of the Matter

In what is perhaps one of the most highly anticipated U.S. Supreme Court patent law decisions since Alice Corp. v. CLS Bank Int’l, the Supreme Court held on May 22 that, for purposes of venue in patent cases, a defendant…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Class Action & MDL Roundup – Fall 2020

Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least New…more

Antitrust Litigation, Arbitration, Class Action, Class Certification, Discrimination

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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International Trade & Regulatory Advisory: Cuba Update: Latest Changes Signal Expansion of Business Opportunities

On January 26, 2016, as part of the Obama Administration’s ongoing efforts to normalize relations with Cuba, the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of Treasury, Office of Foreign…more

Bureau of Industry and Security (BIS), Cuban Assets Control Regulations (CACR), Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC), Trade Relations

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions

Our Federal Tax Group explains new IRS relief that permits partnerships to file amended returns for their 2018 and 2019 taxable years to claim the benefit of retroactive provisions in the Coronavirus Aid, Relief, and Economic…more

CARES Act, IRS, Revenue Procedures

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

See all updates »

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q1 2022

Welcome to Alston & Bird’s fourth quarterly update. In this issue, we share insights on the rise of the GP capital market and provide a secondaries market snapshot…more

Capital Investments, Capital Markets, Financial Services Industry, General Partner, Investment Management

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Expanding U.S. Prosecutors’ Anti-Corruption Toolkit: FEPA Is Signed into Law

Signed into law on December 22, 2023, the Foreign Extortion Prevention Act (FEPA) signals a further focus by the U.S. government on anti-corruption enforcement. Our White Collar, Government & Internal Investigations Team…more

Anti-Bribery, Anti-Corruption, Department of Justice (DOJ), Enforcement Actions, Extortion

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Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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Patent Case Summaries - February 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Eleventh Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question? The Eleventh Circuit held last week that interpretation of a venue provision is the…more

Arbitration, Arbitration Awards, Arbitrators, Breach of Contract, Federal Arbitration Act

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FTC Denies an Application to Add a New Verifiable Parental Consent Mechanism Under COPPA Rule Without Prejudice

On March 29, 2024, the Federal Trade Commission (the “FTC”) published a unanimous decision to deny an application by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”) to add a new…more

COPPA, Data Collection, Data Protection, Facial Recognition Technology, Federal Trade Commission (FTC)

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New Indiana Money Transmission License Requirements Impact Business Purpose Activities

A&B Abstract: On May 4, 2023, Governor Holcomb signed SEA 458, the Model Money Transmission Modernization Act (the “MTMA”), into law in Indiana. The MTMA repeals and replaces Indiana’s existing law on money transmitters and, in…more

Banking Sector, Financial Services Industry, Money Transmitter, Regulatory Oversight

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CMS Announces Expansion of Medicare’s Accelerated and Advance Payment Program

Our Health Care Group highlights how the Centers for Medicare & Medicaid Services (CMS) has expanded the Accelerated and Advance Payment Program to respond to the coronavirus (COVID-19) pandemic…more

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

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Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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A Big Win for Servicers, Trustees, and Certificate Administrators Safeguarding Their Right to Indemnification from a CMBS Trust

The Commercial Mortgage Alert article “Master Servicer Wins Clawback Case” covered a summary judgment ruling in two related Minnesota trust instruction proceedings that have broad implications for the CMBS industry. Our…more

Asset Management, Commercial Mortgages, Loan Servicer, Trustees, Trusts

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Patent Case Summaries - February 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees are…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Employer Liability Issues, Employment Discrimination

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Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time…more

Compliance, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Where Does Student Debt Relief Go After the Supreme Court Struck Down Biden’s Debt Cancellation Plan?

The Biden Administration is scrambling to find a new way to provide relief to the nearly 43 million people who borrowed $430 billion in student loans. Our Education Team breaks down the Supreme Court’s ruling and questions how…more

Biden Administration, Borrowers, Debt Relief, Department of Education, Department of Education v Brown

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Deadline for Reg BI and Form CRS Compliance Remains on Track

Our Financial Services & Products Group reports on the Securities and Exchange Commission’s decision not to grant an extension for complying with Regulation Best Interest and Form CRS despite the coronavirus pandemic. -…more

Deadlines, Filing Deadlines, Form CRS, Regulation BI, Securities and Exchange Commission (SEC)

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Biden Competition Order May Influence Bank Merger Approvals

Our Financial Services & Products and Antitrust Groups examine the Biden Administration’s call to revitalize oversight of bank consolidations and what it means for smaller banks’ ability to compete against their larger…more

Banking Sector, Banks, Biden Administration, Competition, Executive Orders

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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CISA Posts Notice of Proposed Rulemaking Under CIRCIA

On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking (NPRM) implementing the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). For additional…more

Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan…more

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

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IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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Structured Finance Spectrum - July 2018

REGULATORY REPORT – FASB’s New Current Expected Credit Loss Model - Sharpen your pencils and put on your green eyeshades – the Financial Accounting Standards Board is making major changes to the credit loss accounting model…more

Banks, Financial Institutions, Investors, Loans, RMBS

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Pennsylvania Court Invalidates Statewide Pandemic Restrictions

A&B ABstract:  In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and…more

Coronavirus/COVID-19, Emergency Orders, First Amendment, Fourteenth Amendment, Public Gatherings

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CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan…more

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

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How Will Supreme Court’s New Decision on Personal Jurisdiction Impact Manufacturers?

Defendants and lower courts hoping for clarity about personal jurisdiction were disappointed by the U.S. Supreme Court last month. Our Products Liability and Litigation Groups examine a new decision whose ambiguity could invite…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Health Care Week in Review: CMS Released Initial IRA Drug Price Negotiation Guidance

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA)

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2022’s Unwelcome Trend of Lawsuits Challenging Website Technology Is Here to Stay

Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user…more

CIPA, Data Collection, Technology, Web Tracking, Websites

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Patent Case Summaries | Week Ending November 17, 2023

Medtronic, Inc., et al. v. Teleflex Life Sciences Ltd., Nos. 2022-1721, -1722 (Fed. Cir. (PTAB) Nov. 16, 2023). Opinion by Lourie, joined by Prost and Chen. Medtronic filed two IPR petitions challenging certain claims in a…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Opportunistic Credit Default Swap Strategies in the Crosshairs: SEC Finalizes Rule 9j-1

The Dodd–Frank Act continues to spawn new rules more than a decade after its passage. Our Financial Services & Products Group reviews a rule finalized 10 years after its proposal that protects security-based swaps from fraud and…more

Dodd-Frank, Financial Services Industry, Regulatory Oversight, Rulemaking Process, Securities and Exchange Commission (SEC)

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Suits

Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims. The case centers on the proper method for presenting and…more

CA Supreme Court, Discrimination, Evidentiary Standards, McDonnell Douglas Formula, Retaliation

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Food & Beverage Digest – July 2019

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases ranging from…more

Beverage Manufacturers, Class Action, Class Certification, Food Manufacturers, Labeling

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Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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FDA Issues Draft Guidance on Post-Warning Letter Meeting Requests Under GDUFA

On September 1, the Food and Drug Administration issued draft guidance for post-warning letter meeting requests under the Generic Drug User Fee Amendments. Our FDA Compliance & Enforcement Team outlines factors drug…more

Compliance, Draft Guidance, Food and Drug Administration (FDA), GDUFA, Manufacturers

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Night Note: The 1st 100 Days: How Were the First 100 Days for Trade?

As the Trump presidency’s first 100 days came to an end on April 29, some initial promises on trade were carried out (such as withdrawing from the TPP), and others were not (such as labeling China as a currency…more

Border Adjustment Taxes, Executive Orders, NAFTA, Trans-Pacific Partnership, Trump Administration

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China Releases Updated Regulations on Permits Needed for Transferring Data out of China

On March 22, 2024, the Cyberspace Administration of China (CAC) published the Regulations on Promoting and Regulating Cross-border Data Flow (the “Regulations”), effective immediately. The Regulations supplement China data…more

China, Data Protection, Data Security, International Data Transfers, Personal Information

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Patent Case Summaries - September 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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Secure Data Disposal and Data Minimization

What data can companies collect, and how long can they keep it? Our Privacy, Cyber & Data Strategy Team outlines best practices for companies to comply with international, federal, and state laws and guidance to avoid litigation…more

California Privacy Rights Act (CPRA), Data Disposal Protocols, Data Management, Data Protection, Data Retention

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Patent Case Summaries | Week Ending September 15, 2023

Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Nos. 2021-2299, -2338 (Fed. Cir. (S.D. Cal.) Sept. 15, 2023). Opinion by Prost, joined by Reyna and Hughes. Columbia sued Seirus for infringement…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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Who Calls the Shots with Trustees and Agents?

In the first article of our new series providing key reference points for trustees and agents seeking guidance on their rights and duties, Corporate Trust & Agency – Law and Practice, our Finance and Litigation Groups…more

Bonds, Financial Services Industry, Lenders, Noteholders, Trustees

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U.S. Supreme Court Rules That SEC ALJs Were Not Properly Appointed Under the U.S. Constitution

Our Securities Litigation Group reviews the implications of the U.S. Supreme Court’s Lucia decision that could open a Pandora’s box of litigation. - Who appoints the SEC’s administrative law judges? - Do they fall under the…more

Administrative Law Judge (ALJ), Administrative Proceedings, Appeals, Appointments Clause, Constitutional Challenges

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The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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SEC Raises More Red Flags over Broker-Dealer AML Compliance

The SEC’s thoughts on anti-money laundering cost more than a penny stock. Our Financial Services & Products Group examines a new risk alert from the Division of Examinations and what it means for future enforcement…more

Anti-Money Laundering, Broker-Dealer, Compliance, FinCEN, Penny Stocks

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Federal Reserve Revises Main Street Lending Program, Adds Third Option

Two loan options in the Main Street Lending Program simply weren’t enough to meet the purpose of the CARES Act, so the Fed created a third. Our Finance Group charts a course through all three and explains how the Fed has…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Help! My Business Wants to Start Using ChatGPT!

Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar “generative AI” tools in their operations. These requests can be urgent, with business clients demanding enablement…more

Algorithms, Artificial Intelligence, Corporate Counsel, Cybersecurity, Data Protection

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Class Action & MDL Roundup 2022 Q4 – A “Healthy” Dose of Litigation

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2022. In this edition, class actions gain an international flair, insurers have cures for COVID cases, and…more

Class Action, Class Certification, COPPA, Employee Retirement Income Security Act (ERISA), False Advertising

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Structured Finance Spectrum – January 2020

New year … new market? Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Bankruptcy Code, Consumer Financial Protection Bureau (CFPB), Debtors, Fintech Charter, Leveraged Buyout

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Corporate Transparency Act Under Fire in Narrow District Court Ruling

Our Finance and White Collar, Government & Internal Investigations Groups examine an Alabama federal court’s ruling that the Corporate Transparency Act (CTA) is unconstitutional…more

Constitutional Challenges, Corporate Transparency Act, FinCEN, Injunctions, NSBA

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Provider Relief Fund Reconsideration Requests Nixed by Debt Limit Deal

Our Health Care Team eyes the abrupt end of payments to health care providers under the Provider Relief Fund. HRSA will no longer process or complete reconsideration requests…more

Health Care Providers, HRSA, Provider Relief Fund, Reporting Requirements

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Supreme Court Decision in PennEast Pipeline Co. v. New Jersey Is Major Win for Pipelines

The U.S. Supreme Court held that natural gas companies holding a Section 717f(e) certificate have the power to condemn state-owned land under the Natural Gas Act. Our Environment, Land Use & Natural Resources Group discusses the…more

Condemnation, Eminent Domain, Natural Gas Act, PennEast Pipeline Co. v New Jersey, SCOTUS

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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The Moving America Forward Act: If Passed, Will Result in Increased Opportunities for Infrastructure Work and Contracting With the Federal Government

Last month, the U.S. House of Representatives passed the Moving America Forward Act (H.R. 2). Its purpose is to invest in American infrastructure and to create jobs in the aftermath of the COVID-19 crisis. As of this posting the…more

Critical Infrastructure Sectors, Infrastructure, Job Creation

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States May Be Looking to Balance Budgets on the Backs of Medicaid Health Plan Reserves

As state governments look for ways to cover their budgetary shortfalls, Medicaid managed care organizations (MCOs) are an attractive target for cash-strapped states because many MCOs have accumulated “Medicaid savings” through…more

Centers for Medicare & Medicaid Services (CMS), GAO, MCOs, Medicaid, OIG

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Major Changes Coming to the Qualified Professional Asset Manager Exemption

Our Employee Benefits & Executive Compensation and Investment Funds Teams break down the increased compliance requirements – and compliance costs – qualified professional asset managers (QPAMs) face under the Department of…more

Asset Management, Benefit Plan Sponsors, Compensation & Benefits, Compliance, Department of Labor (DOL)

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Food & Beverage Digest – March 2022

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, cocoa is not cacao, a motion to dismiss gets roasted, and a…more

Beverage Manufacturers, Food Labeling, Food Manufacturers, Food Marketing, Putative Class Actions

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Patent Case Summaries - March 2023 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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FHA and VA Announce New Loss Mitigation Options

What Happened? Both the FHA and VA have established new loss mitigation options to provide payment reduction to delinquent borrowers.  On February 21, 2024, the Federal Housing Administration (“FHA”) within the U.S. Department…more

Borrowers, Fair Housing Act (FHA), Fixed-Rate Loans, HUD, Loss Mitigation

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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[Event] 2022 Proxy Season Outlook Seminar - November 18th, Atlanta, GA

Alston & Bird will host this live seminar from our Atlanta office in addition to a live webcast. Learn about key developments and issues facing companies and investors and what you need to do to prepare for the 2022 proxy…more

Board of Directors, CD&A, Continuing Legal Education, Corporate Counsel, Corporate Governance

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IRS Prioritizes Enforcement Against High-Wealth Taxpayers in the Inflation Reduction Act Strategic Operating Plan

The Inflation Reduction Act Strategic Operating Plan, released last week by the Internal Revenue Service, envisions a future of increased audits and penalties for family offices, high-wealth individuals, large partnerships, and…more

Audits, Enforcement, Inflation Reduction Act (IRA), IRS, Penalties

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USPTO Announces Additional Limited Extensions Due to the COVID-19 Pandemic

Our Intellectual Property Group explains the recent USPTO notice regarding available extensions of time for certain applicants and deadlines due to the coronavirus (COVID-19) pandemic. - Limited to certain actions and…more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Patent Applications, Patents

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Ginnie Mae Extends PTAP/C19 Assistance to Multifamily MBS Program

Our Finance Group discusses expansion of the Ginnie Mae Pass-Through Assistance Program to multifamily mortgage-backed securities issuers. How often and how a multifamily MBS issuer makes a request for assistance…more

Coronavirus/COVID-19, Ginnie Mae, Mortgage-Backed Securities

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New York’s Regulation 187: What Insurers Need to Know Come August 1, 2019

New York’s amendment to Regulation 187 has gone into effect, more than a year after it was first proposed. Our Insurance Litigation & Regulation Group investigates the changes to the original amendment and how they affect the…more

Financial Services Industry, Insurance Industry, Life Insurance, NYDFS, Proposed Amendments

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Financial Services & Products Advisory: Federal Reserve Releases Guidance on Shareholder Protection Arrangements

On December 3, 2015, the Board of Governors of the Federal Reserve System released Supervision and Regulation Letter 15-15, “Supervisory Concerns Related to Shareholder Protection Arrangements” (SR 15-15), offering guidance…more

Bank Holding Company, Dodd-Frank, Federal Reserve, Shareholder Protection Agreements

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Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B,…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), General Services Administration (GSA), NDAA

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How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Nevada Just Raised the Stakes for 2023 Annual Reporting with an Administrative Notice on AB 55

Our Unclaimed Property Team analyzes how the Nevada Treasury Office’s interpretation of the state’s new unclaimed property law will create chaos and disruption for holders in the already-busy fall filing cycle…more

Due Diligence, Escheat, Nevada, Reporting Requirements, Unclaimed Property

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INSIGHT: ‘Wayfair’: What Are the Practical Retroactivity Concerns?

What is the practical risk that states would take in applying Wayfair retroactively? And should taxpayers rush to limit exposure for historical periods by entering into voluntary disclosure agreements with states that might…more

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

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DOJ Issues Third Iteration of Its Corporate Compliance Guidance

The Department of Justice revised its corporate compliance guidance for the third time in three years. Our White Collar, Government & Internal Investigations Team breaks down the key updates and offers insight to the DOJ’s…more

Compliance, Corporate Counsel, Department of Justice (DOJ), Due Diligence

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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OIG Adds New Teeth to the Information Blocking Rule

Our Health Care Group shares what you need to know about how the Department of Health and Human Services implemented civil monetary penalties and enforcement authority for information blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Information Technologies, Information Blocking Rules

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Lorenzo v. SEC: The Supreme Court Rules on Scheme Liability Under the Federal Securities Laws

In what has come to be known as the “Copy-Paste Fraud,” the Supreme Court held on March 27, 2019 that an individual who knowingly disseminates false and misleading information to prospective investors with the intent to defraud…more

Appeals, Enforcement Actions, False Statements, Fines, Intent to Defraud

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The Real Reasons You Should Use Roth 401(k) or a Roth IRA

Roth 401(k) can be a powerful option for your employees to save for retirement, but not for the reasons that are most often cited. This article explains why your 401(k) plan should have a Roth option, and why some of your…more

401k, Individual Retirement Account (IRA), Popular, Retirement Plan, Roth IRA

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Food & Beverage Digest – May 2023: Entering Motions With Eyes Wide Open

In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff steals our bit, too much information makes the court…more

Advertising, Beverage Manufacturers, Class Action, False Advertising, Food Labeling

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Lessons Higher Education Can Learn from Recent First Amendment Litigation

Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students…more

Colleges, Diversity, Educational Institutions, First Amendment, Free Speech

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Deadline for Reg BI and Form CRS Compliance Remains on Track

Our Financial Services & Products Group reports on the Securities and Exchange Commission’s decision not to grant an extension for complying with Regulation Best Interest and Form CRS despite the coronavirus pandemic. -…more

Deadlines, Filing Deadlines, Form CRS, Regulation BI, Securities and Exchange Commission (SEC)

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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PIP (3:1) Rule Downstream Notification Requirements Now Effective – What’s Next?

Our Environment, Land Use & Natural Resources Group breaks down the Environmental Protection Agency’s update to the PIP (3:1) Rule and how it affects even those companies enjoying the EPA’s no-action assurance from earlier this…more

Chemicals, Environmental Protection Agency (EPA), Notification Requirements, Recordkeeping Requirements, Toxic Substances Control Act (TSCA)

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Los Angeles Regional Water Quality Control Board Drafts NPDES Permit for Commercial, Industrial, and Institutional Facilities

The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural…more

California, City of Los Angeles, Discharge of Pollutants, NPDES, Permits

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Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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European Parliament Approves EU Artificial Intelligence Act

On March 13, 2024, the European Parliament approved the much-anticipated EU Artificial Intelligence Act (‘AI Act’). The AI Act is billed as the first comprehensive legal framework worldwide that specifically regulates AI…more

Artificial Intelligence, EU, European Commission, Machine Learning, Regulatory Oversight

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Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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What Happens to EUAs for Diagnostic Tests After the COVID-19 Public Health Emergency Is Over?

Our Health Care Group explains how emergency use authorizations (EUAs) have been issued during the current public health emergency and the benefits and limitations of offering a test pursuant to an EUA and provides practical…more

Clinical Laboratories, Coronavirus/COVID-19, Diagnostic Tests, Emergency Use Authorization (EUA), Food and Drug Administration (FDA)

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Regional & Community Banking - February 2019

The TCPA: Who Will Dictate Its Reach – the FCC or the Courts? Telephone Consumer Protection Act (TCPA) litigation has hit the federal courts in a tidal wave of class action claims with almost unlimited financial exposure…more

Acquisitions, Anti-Money Laundering, Automatic Stay, Bank Secrecy Act, Banking Sector

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Patent Case Summaries | Week Ending March 8, 2024

Chewy, Inc. v. International Business Machines Corp., No. 2022-1756 (Fed. Cir. (S.D.N.Y.) Mar. 5, 2024). Opinion by Moore, joined by Stoll and Cunningham. IBM owns two patents that generally relate to improvements in web-based…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Ownership, Patent Trial and Appeal Board

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USCIS Again Extends Certain Employment Authorization Cards by up to 540 Days

The U.S. Citizenship and Immigration Services (USCIS) issued a new temporary final rule, effective April 8, 2024, that extends certain employment authorization documents (EADs) by up to 540 days. Our Labor & Employment and…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Form I-9

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More Guidance from HHS on Online Tracking Technologies but Questions Remain

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”)…more

Data Collection, Data Privacy, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps

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NCAA President Proposes New Model for College Athletics

The rise of superconferences may not be the only sea change in Division I college athletics. Our Education Team tackles the NCAA president’s attempt to address how schools cater to their student-athletes’ ability to cash in on…more

College Athletes, Colleges, NCAA, Student Athletes, Universities

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CFPB Issues Credit Card Penalty Fee Final Rule, Reduces Late Fees to $8

What Happened? On March 5, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued the Credit Card Penalty Fees Final Rule (“Final Rule”), which reduces the safe harbor for the maximum late fee that large credit card…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules, Financial Services Industry

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Top 10 Issues General Counsel Need to Know About Ransomware in 2024

Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and…more

Corporate Counsel, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Milestone Changes Made to Davis–Bacon Prevailing Wage Requirements

Our Labor & Employment and Construction Groups investigate the Department of Labor’s redefinition of “prevailing wage” for the first time since the Reagan Administration…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Prevailing Wages, Wage and Hour

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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New Initiatives Benefiting Small Businesses at the U.S. Patent and Trademark Office

Our Intellectual Property Group reviews how a summer rule change from the Small Business Administration dovetails with the newly enacted Unleashing American Innovators Act…more

Corporate Counsel, SBA, Small Business, USPTO

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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YA Global, the Existence of a U.S. Trade or Business, and the Search for Greater Clarity

Our Federal & International Tax Group examines a long-awaited Tax Court ruling that helps clarify when a non-U.S. company engages in a “U.S. trade or business.”…more

Investment, Investment Management, IRS, Offshore Funds, Portfolio Companies

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – November 2022

Selected U.S. Privacy and Cyber Updates - California Privacy Protection Agency Issues Notice of Modifications to Proposed CPRA Regulations - On November 3, 2022, the California Privacy Protection Agency (CPPA) issued a notice of…more

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

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Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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UP Front: A 2021 Sightline for Unclaimed Property Professionals

Our Unclaimed Property Team provides a line of sight into the developing trends, ongoing policy debates, and litigated disputes that may shape the future of unclaimed property law and compliance…more

Auditors, Audits, Unclaimed Property, Voluntary Disclosure, Voluntary Disclosure Agreement

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Oregon Enacts Comprehensive State Privacy Law

On July 18, 2023, Oregon Governor Tina Kotek signed the Oregon Consumer Privacy Act (SB 619)(“OCPA”) into law, making Oregon the eleventh state to enact a comprehensive state privacy law. OCPA will take effect on July 1, 2024,…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Health Insurance Portability and Accountability Act (HIPAA)

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How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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FATF Expands AML Recommendations to Cover Cryptocurrencies and Other Virtual Assets

Our White Collar, Government & Internal Investigations Group discusses how new guidance from the Financial Action Task Force affects virtual asset service providers (VASPs) and others that deal with virtual assets…more

Anti-Money Laundering, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Virtual Currency

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Year-End Health Benefits Roundup 2023

It was a lively year for health benefits. Our Employee Benefits & Executive Compensation Group unpacks 2023, from the end of the COVID-19 emergencies to the much-anticipated Mental Health Parity and Addiction Equity Act (MHPAEA)…more

Affordable Care Act, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits

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New Initiatives Benefiting Small Businesses at the U.S. Patent and Trademark Office

Our Intellectual Property Group reviews how a summer rule change from the Small Business Administration dovetails with the newly enacted Unleashing American Innovators Act…more

Corporate Counsel, SBA, Small Business, USPTO

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Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in 1974…more

Air Quality Standards, California, CEQA, City of Los Angeles, Commercial Property Owners

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HHS Issues Cybersecurity Performance Goals Specific to the Health Care and Public Health Sector

Our Health Care and Privacy, Cyber & Data Strategy Groups delve into the Department of Health and Human Services’ extensive efforts to encourage health care organizations to better protect patients’ privacy through better…more

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

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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No More Grading on a Curve: OCC Revamps Its Community Reinvestment Act Rules

Our Financial Services & Products Group distills the Office of the Comptroller of the Currency’s new framework for the Community Reinvestment Act into four basic changes…more

Community Reinvestment Act, OCC, Reporting Requirements

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Nevada Just Raised the Stakes for 2023 Annual Reporting with an Administrative Notice on AB 55

Our Unclaimed Property Team analyzes how the Nevada Treasury Office’s interpretation of the state’s new unclaimed property law will create chaos and disruption for holders in the already-busy fall filing cycle…more

Due Diligence, Escheat, Nevada, Reporting Requirements, Unclaimed Property

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2022’s Unwelcome Trend of Lawsuits Challenging Website Technology Is Here to Stay

Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user…more

CIPA, Data Collection, Technology, Web Tracking, Websites

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Milestone Changes Made to Davis–Bacon Prevailing Wage Requirements

Our Labor & Employment and Construction Groups investigate the Department of Labor’s redefinition of “prevailing wage” for the first time since the Reagan Administration…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Prevailing Wages, Wage and Hour

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Department of Labor Issues Final Rule to Amend Overtime Regulations in Two Phases

Our Labor & Employment Group examines how employers can prepare for changes to employee exemption classifications under the Fair Labor Standards Act’s (FLSA) overtime requirements…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine…more

Compliance, Cyber Crimes, Cybersecurity, Data Protection, Data Security

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The Supreme Court Hears Constitutional Challenges to SEC Enforcement Actions

Our Securities Litigation Group analyzes the Supreme Court’s Jarkesy case, which involves challenges to the constitutionality of SEC enforcement actions…more

Administrative Law Judge (ALJ), Jury Trial, Oral Argument, SCOTUS, SEC v Jarkesy

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More Carrot, Less Stick: DOJ Announces Corporate Enforcement Policy Revisions

Our White Collar, Government & Internal Investigations Team breaks down how the Department of Justice is adjusting its enforcement policies to provide more incentives for corporate self-reporting and cooperation…more

Department of Justice (DOJ), Enforcement Actions, FCPA Corporate Enforcement Policy (CEP), Self-Reporting, White Collar Crimes

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Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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Milestone Changes Made to Davis–Bacon Prevailing Wage Requirements

Our Labor & Employment and Construction Groups investigate the Department of Labor’s redefinition of “prevailing wage” for the first time since the Reagan Administration…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Prevailing Wages, Wage and Hour

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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FERC Acts to Reform Generator Interconnection Procedures and Agreements

Our Energy Group breaks down the Federal Energy Regulatory Commission’s attempt to improve interconnection processes with its final rule amending the pro forma Large Generator Interconnection Procedures and the pro forma Large…more

Electricity, Energy Sector, FERC, Interconnections

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Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization

Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization - Both the House and Senate are in session this week. Early Monday morning, congressional negotiators announced they reached a bipartisan,…more

Biden Administration, Federal Aviation Administration (FAA), Federal Budget, Federal Funding, Fossil Fuel

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FDA Extends Pause on Non-mission-critical Domestic Surveillance inspections to February 4 – Medical Products Supply Chain Week in Review

In this week’s issue, OSHA withdrew its emergency temporary standard (ETS), which required a mandatory vaccination policy for large private employers with an exception for employers that adopt a policy requiring mandatory…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cybersecurity, Department of Health and Human Services (HHS)

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A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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The Dawn of CMBS 4.0: Changes and Challenges in a New Regulatory Regime

Commercial real estate has been financed in the U.S. capital markets through creation of commercial mortgage-backed securities (CMBS) since the early 1990s, peaking at $240 billion in 2007 and representing about 25% of all…more

Basel Committee on Banking Supervision (BCBS), CMBS, Commercial Real Estate Market, Dodd-Frank, Due Diligence

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Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”…more

Advertising, Consolidated Appropriations Act (CAA), Food and Drug Administration (FDA), Food Labeling, Food Marketing

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CFPB and FTC Looking to Ramp Up Data Security Requirements

Enhancing data security programs to protect personal information is a critical area companies cannot ignore. Our Privacy, Cyber & Data Strategy and Financial Services & Products groups unpack the latest moves by the Consumer…more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Protection, Data Security, Federal Trade Commission (FTC)

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Agencies Issue Extensive MHPAEA Guidance: Plan and Issuer Action Required

Our Employee Benefits & Executive Compensation Group summarizes the key provisions of a proposed rule that would impose new Mental Health Parity and Addiction Equity Act requirements on group health plans and health insurance…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Mental Health

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Supreme Court Slashes FTC’s Favored Route to Consumer Redress and Disgorgement

In a unanimous ruling late last week, the U.S. Supreme Court slashed the Federal Trade Commission’s favored route to impose monetary penalties in consumer protection cases. Our Consumer Protection/FTC Team examines the decision,…more

AMG Capital Management LLC v FTC, Enforcement Actions, Enforcement Authority, Federal Trade Commission (FTC), FTC Act

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time…more

Compliance, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Macquarie: High Court Declines to Expand Corporate Liability

The U.S. Supreme Court’s decision in Macquarie v. Moab Partners draws a clear distinction between pure omissions and half-truths. Our Securities Litigation Group explains how the Court resolved a circuit split over public…more

Corporate Liability, Disclosure Requirements, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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FTC Increases HSR Threshold, Other Merger Review Changes Forthcoming

The first month of 2022 brought multiple significant developments impacting how the U.S. antitrust enforcement agencies review proposed transactions. These include not only the annual adjustments to the filing thresholds under…more

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

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New Civil Cyber-Fraud Initiative Signals Increased Litigation Risk Arising from Cybersecurity Practices

Our Privacy, Cyber & Data Strategy and White Collar, Government & Internal Investigations teams answer the questions government contractors will have about how to evaluate the False Claims Act risks signaled by the Department of…more

Cybersecurity, Data Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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The IRS’s Latest Play on NIL Collectives: Tax-Exempt Status on the Defensive

Our Federal Tax and Exempt Organizations teams tackle the implications of the IRS chief counsel’s conclusion that nonprofit organizations created to pool donations and develop paid name, image, and likeness (NIL) opportunities…more

IRS, Name and Likeness, NCAA, Student Athletes, Tax Exemptions

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IRS’s Advance Pricing and Mutual Agreement Program Rebounds in 2023: What Is APMA’s Long Game?

APMA set a record for executed advance pricing agreements (APAs), but high processing times and a hefty pending APA inventory continued to challenge APMA in 2023. Our Federal & International Tax Group evaluates trends gleaned…more

Advanced Pricing Agreements, Annual Reports, APMA, IRS, New Guidance

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Sourcing the Source of Inventory Sales – Final Regulations Under Section 863(b)

Is inventory personal? Well, it depends. Our International Tax Group explores the finalized sourcing rules that decide whether inventory is U.S. or foreign source after changes wrought by the Tax Cuts and Jobs Act…more

Foreign Tax Credits, Inventory, IRS, Tax Cuts and Jobs Act

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Changing Time for Clinical Laboratories

As Bob Dylan wrote, ‘‘The times, they are a-changin’ ’’ While Dylan certainly had larger issues in mind than the state of the clinical laboratory industry, it still is a fair description of what is happening for laboratories…more

Centers for Medicare & Medicaid Services (CMS), Clinical Laboratories, Food and Drug Administration (FDA), HCPCS, Laboratory Developed Tests

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More Guidance from HHS on Online Tracking Technologies but Questions Remain

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”)…more

Data Collection, Data Privacy, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps

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New York Appellate Court Upholds Plain Meaning of Reserve Provision in CMBS Loan Agreement

On October 24, 2017, a New York appeals court unanimously affirmed dismissal of a CMBS borrower’s lawsuit concerning the interpretation of a reserve provision in a commercial loan agreement. The dispute concerned the…more

Borrowers, CMBS, Lenders, Loan Agreements

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New York State Department of Financial Services Outlines Prior Approval Process for Virtual Currency-Related Activity

The New York State Department of Financial Services has issued an industry letter detailing the prior approval process for all New York banking organizations seeking to engage in new or significantly different virtual…more

Banking Sector, BitLicense, Cryptocurrency, Financial Institutions, Financial Services Industry

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Patent Case Summaries | Week Ending October 06, 2023

Schwendimann v. Neenah, Inc., et al., Nos. 2022-1333, -1334, -1427, -1432 (Fed. Cir. (PTAB) Oct. 6, 2023). Opinion by Clevenger, joined by Prost and Cunningham…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Payments Docket – December 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process proceeds,…more

Banking Sector, Banks, Bitcoin, Consumer Financial Products, Consumer Financial Protection Act (CFPA)

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Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Structured Finance Spectrum – January 2020

New year … new market? Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Bankruptcy Code, Consumer Financial Protection Bureau (CFPB), Debtors, Fintech Charter, Leveraged Buyout

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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Antitrust Agencies Temporarily Suspend Early Termination of Pre-Merger Waiting Periods

Our Antitrust and M&A Groups offer practical advice for companies seeking mergers or acquisitions in the wake of the DOJ’s and FTC’s “temporary suspension” of early termination of waiting periods…more

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

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Who Calls the Shots with Trustees and Agents?

In the first article of our new series providing key reference points for trustees and agents seeking guidance on their rights and duties, Corporate Trust & Agency – Law and Practice, our Finance and Litigation Groups…more

Bonds, Financial Services Industry, Lenders, Noteholders, Trustees

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New York’s Regulation 187: What Insurers Need to Know Come August 1, 2019

New York’s amendment to Regulation 187 has gone into effect, more than a year after it was first proposed. Our Insurance Litigation & Regulation Group investigates the changes to the original amendment and how they affect the…more

Financial Services Industry, Insurance Industry, Life Insurance, NYDFS, Proposed Amendments

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New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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Year-End Health Benefits Roundup 2023

It was a lively year for health benefits. Our Employee Benefits & Executive Compensation Group unpacks 2023, from the end of the COVID-19 emergencies to the much-anticipated Mental Health Parity and Addiction Equity Act (MHPAEA)…more

Affordable Care Act, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits

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Illinois House and Senate Pass Artificial Intelligence Video Interview Act

On May 29, 2019, the Illinois State House unanimously passed the Illinois Artificial Intelligence Video Interview Act (the “Act”). The Illinois State House previously unanimously passed the Act on May 23, 2019…more

Artificial Intelligence, Corporate Counsel, Hiring & Firing, Interviews, Job Applicants

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Structured Finance Spectrum – July 2020

Diverse talents bring diverse ideas. Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Aviation Industry, Coronavirus/COVID-19, Diversity, Due Diligence, Mortgage-Backed Securities

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Structured Finance Spectre - October 2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the…more

Banking Sector, Borrowers, Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), FDIC

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Green Book Previews Biden Administration’s Opening Offer in 2025 Tax Reform Debate

Our Federal & International Tax Group covers notable business and individual tax proposals revealed by the Biden Administration in this year’s Green Book…more

Biden Administration, Business Taxes, Corporate Taxes, Excise Tax, Green Book

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Food & Beverage Digest - July 2022

In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one plaintiff is not tolerant of dairy-free coffee creamer, an…more

Beverage Manufacturers, Class Action, False Advertising, Food Labeling, Food Manufacturers

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DOJ Issues New Policy on CFAA Prosecutions

Today, the Department of Justice (“DOJ”) updated its policy regarding charging violations under the Computer Fraud and Abuse Act (“CFAA”).  This is the first update to the DOJ’s policy since 2014, and it is effective…more

Computer Fraud and Abuse Act (CFAA), Criminal Prosecution, Cyber Crimes, Department of Justice (DOJ)

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FBI Develops Decryption Tool to Combat Blackcat Ransomware

On December 19, 2023, the Justice Department (“DOJ”) announced a disruption campaign against the Blackcat ransomware group.  In the same press release, they also stated that the Federal Bureau of Investigation (“FBI”) had…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Department of Justice (DOJ), FBI

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Where Does Student Debt Relief Go After the Supreme Court Struck Down Biden’s Debt Cancellation Plan?

The Biden Administration is scrambling to find a new way to provide relief to the nearly 43 million people who borrowed $430 billion in student loans. Our Education Team breaks down the Supreme Court’s ruling and questions how…more

Biden Administration, Borrowers, Debt Relief, Department of Education, Department of Education v Brown

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Carrots Aren’t Just for Companies: The SDNY’s New Whistleblower Pilot Program

The U.S. Attorney’s Office for the Southern District of New York (SDNY) is taking aim at corporate criminal wrongdoing with a new whistleblower initiative. Our White Collar, Government & Internal Investigations Team breaks down…more

Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Enforcement, Internal Investigations

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Government & Internal Investigations Advisory: DOJ’s New FCPA Pilot Program Provides Roadmap for “Cooperation”

The Department of Justice (DOJ) on April 5 announced a new, one-year pilot program for companies to self-report Foreign Corrupt Practices Act (FCPA) violations. The announcement comes amid other increased FCPA enforcement…more

Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Federal Sentencing Guidelines, Foreign Corrupt Practices Act (FCPA)

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How Is Congress Trying to Regulate Private Equity in Health Care?

Our Health Care Group investigates congressional efforts to require new transparency disclosures to the IRS from private equity firms invested in health care…more

Health Care Providers, IRS, Private Equity, Private Equity Firms, Reporting Requirements

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Patent Case Summaries | Week Ending November 24, 2023

Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., et al., No. 2022-1482 (Fed. Cir. (PTAB) Nov. 21, 2023). Opinion by Dyk, joined by Hughes and Stoll. Purdue owns a patent directed to preventing the abuse of opioid…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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The Supreme Court Hears Constitutional Challenges to SEC Enforcement Actions

Our Securities Litigation Group analyzes the Supreme Court’s Jarkesy case, which involves challenges to the constitutionality of SEC enforcement actions…more

Administrative Law Judge (ALJ), Jury Trial, Oral Argument, SCOTUS, SEC v Jarkesy

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Biden Executive Order on Artificial Intelligence Highlights Breadth, Challenges, and More Activity to Come

On October 30, 2023, President Joe Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO). The wide-ranging EO covers many sectors of the economy and…more

Algorithms, Artificial Intelligence, Biden Administration, Department of Health and Human Services (HHS), Executive Orders

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European High Yield: Green Bonds and Sustainability-Linked Bonds

The ESG bond market is growing by leaps and bounds, buoyed partly by the COVID-19 pandemic. Our Finance Group takes a look at some recent green and sustainability-linked bond offerings in the sub-investment-grade market and…more

Corporate Governance, Environmental Social & Governance (ESG), EU, European Central Bank, Green Bonds

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White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

The White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, Data Protection, Data Security, Department of Justice (DOJ)

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The East Coast Pipeline Shutdown and Price Gouging

Price gouging is back in the news, this time as Americans rush to buy gasoline after a major East Coast pipeline is temporarily shut down. Our Antitrust Team provides lessons for how companies can handle price gouging, from…more

Essential Goods, Oil & Gas, Pipelines, Price Gouging, Ransomware

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Looking Back at Georgia’s 2022 Legislative Session

Georgia’s 2022 legislative session included a number of consequential tax bills. Our State & Local Tax Group highlights key takeaways. What passed: rate cuts and elective consolidation. What didn’t pass: revisions to the film…more

Corporate Taxes, Film Tax Credits, Georgia, Income Taxes, Local Taxes

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UP and UPC: Changes in European Patent Procedures

This year, patent holders will have a new path to validate (or litigate) their patents in Europe – the unitary patent and Unified Patent Court. Our Intellectual Property Group examines the new mechanism taking shape in nearly…more

EU, Patent Litigation, Patents, Unified Patent Court

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Patent Case Summaries | Week Ending March 1, 2024

Freshub, Inc., et al. v. Amazon.com, Inc., et al., Nos. 2022-1391, -1425 (Fed. Cir. (W.D. Tex.) Feb. 26, 2024). Opinion by Taranto, joined by Reyna and Chen. Freshub sued Amazon for infringement of a patent on voice-processing…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

See all updates »

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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CFPB Issues Credit Card Penalty Fee Final Rule, Reduces Late Fees to $8

What Happened? On March 5, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued the Credit Card Penalty Fees Final Rule (“Final Rule”), which reduces the safe harbor for the maximum late fee that large credit card…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules, Financial Services Industry

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Financial Services & Products / Securities Litigation Advisory: Trends in Enforcement and Recommendations on Protecting Financial Institutions

Directors and officers (D&O) insurance liability coverage terms continue to evolve in ways that can be important to directors and officers when lawsuits or investigations against them arise. In his 2022 speech “Reining in Repeat…more

Consumer Financial Protection Bureau (CFPB), Corporate Officers, D&O Insurance, Dodd-Frank, Insurance Industry

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Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization

Look Ahead to the Week of April 29: Negotiators Reach Compromise on FAA Reauthorization - Both the House and Senate are in session this week. Early Monday morning, congressional negotiators announced they reached a bipartisan,…more

Biden Administration, Federal Aviation Administration (FAA), Federal Budget, Federal Funding, Fossil Fuel

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Lessons Higher Education Can Learn from Recent First Amendment Litigation

Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students…more

Colleges, Diversity, Educational Institutions, First Amendment, Free Speech

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Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential…more

Bad Faith, GA Supreme Court, Insurance Claims, Insurance Industry, Insurance Litigation

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A Big Win for Servicers, Trustees, and Certificate Administrators Safeguarding Their Right to Indemnification from a CMBS Trust

The Commercial Mortgage Alert article “Master Servicer Wins Clawback Case” covered a summary judgment ruling in two related Minnesota trust instruction proceedings that have broad implications for the CMBS industry. Our…more

Asset Management, Commercial Mortgages, Loan Servicer, Trustees, Trusts

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Opportunistic Credit Default Swap Strategies in the Crosshairs: SEC Finalizes Rule 9j-1

The Dodd–Frank Act continues to spawn new rules more than a decade after its passage. Our Financial Services & Products Group reviews a rule finalized 10 years after its proposal that protects security-based swaps from fraud and…more

Dodd-Frank, Financial Services Industry, Regulatory Oversight, Rulemaking Process, Securities and Exchange Commission (SEC)

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Is “Into the Pipeline” the Equivalent of a Wellhead Valuation? Not So Fast, Says Texas Supreme Court

Our Oil & Gas Team parses a ruling from Texas that reminds courts to look at the entire contract, not just a favorite word or phrase. The parties disagreed about where along the pipeline royalty valuation should occur. The Texas…more

Contract Terms, Mineral Leases, Oil & Gas, Oil Wells, Pipelines

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Patent Case Summaries - November 2021 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Patent Case Summaries | Week Ending April 5, 2024

Janssen Pharmaceuticals, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 2022-1258, -1307 (Fed. Cir. (D.N.J.) Apr. 1, 2024). Opinion by Prost, joined by Dyk and Hughes…more

Generic Drugs, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Litigation

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The District of Columbia Continues to Fight the “True Lender” Rule in Court

A&B ABstract: Innovative partnerships between banks and nonbanks have expanded lending services to consumers and small businesses. These partnerships, known as marketplace lending arrangements, offer non-traditional loan…more

Banking Sector, Consumer Financial Products, Consumer Lenders, Non-Bank Lenders, True Lender

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FTC Finalizes CARS Rule Imposing Substantial Regulatory Requirements on Auto Dealerships

The Federal Trade Commission (FTC) has finalized its Combating Auto Retail Scams Trade Regulation (CARS) Rule, which will affect almost every aspect of auto advertising and sales. Our Consumer Protection/FTC Team explains how…more

Automotive Industry, Car Dealerships, CARS Rule, Disclosure Requirements, Federal Trade Commission (FTC)

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New York Overhauls Mortgage Loan Servicer Business Conduct Regulations

New York’s amended mortgage loan servicer regulations are a substantial departure from previous versions and could go beyond federal rules. Our Financial Services & Products Group delves into technicalities and ramifications of…more

Consumer Financial Protection Bureau (CFPB), Foreclosure, Mortgage Lenders, Mortgage Servicers, Mortgages

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Cosmetics Update: FDA Publishes Draft Guidance on Cosmetic Product Facility Registration and Listing

Our FDA and Food & Beverage teams outline key requirements of the Modernization of Cosmetics Regulation Act (MoCRA) and provide key takeaways from the Food and Drug Administration’s new draft guidance on facility registration…more

Cosmetics, Disclosure Requirements, Distributors, Food and Drug Administration (FDA), Manufacturers

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EPA Finalizes Amendments to Air Toxics Standards for Ethylene Oxide Commercial Sterilizers

Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s announcement of final amendments to the air toxics standards for ethylene oxide (EtO) commercial sterilizers…more

Air Pollution, Compliance, Environmental Protection Agency (EPA), Final Rules, Food and Drug Administration (FDA)

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HHS Final Rule Brings Sweeping, Complex Changes for Substance Use Records

A new HHS Final Rule overhauls the federal Part 2 regulations on the confidentiality of substance use disorder (SUD) records. Our Heath Care Health Care and Privacy, Cyber & Data Strategy Groups unpack how the changes will…more

Breach Notification Rule, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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NYDFS Finalizes Second Amendment to Its Cybersecurity Regulation

Our Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation…more

Compliance, Cybersecurity, Financial Institutions, Financial Services Industry, Notice Requirements

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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Hunstein: The Eleventh Circuit Cavalry Arrives

Third time’s the charm? Our Financial Services Litigation and Financial Services & Products Groups take stock of the Eleventh Circuit’s surprise decision to rehear Hunstein en banc, throwing hundreds of Fair Debt Collection…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Patent Case Summaries - March 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

International Trade Commission (ITC), Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Certification: A New Yates Memo Requirement?

On February 4, the Wall Street Journal reported that the DOJ’s Fraud Section will now require companies to certify that they have “fully disclosed all information about individuals involved in wrongdoing before finalizing a…more

Certifications, Cooperation, Corporate Officers, Department of Justice (DOJ), Yates Memorandum

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Supreme Court Hears the CFPB Declare Itself Unconstitutional

Our Financial Services Litigation Team dives into the oral argument before the U.S. Supreme Court that could decide the fate of the Consumer Financial Protection Bureau…more

Civil Investigation Demand, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Oral Argument, SCOTUS

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Recent Amendments to the Delaware Code Expand Personal Liability Protections to Corporate Officers

Our Securities and Securities Litigation Groups suggest that Delaware companies consider updates to corporate charters following a change in Delaware law allowing companies to exculpate officers…more

Board of Directors, Corporate Charters, Corporate Governance, Delaware, Delaware General Corporation Law

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Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Patent Case Summaries | Week Ending February 16, 2024

Promptu Systems Corp. v. Comcast Corp., et al., No. 2022-1939 (Fed. Cir. (E.D. Pa.) Feb. 16, 2024). Opinion by Taranto, joined by Moore and Prost. Promptu sued Comcast for infringing three patents directed to speech-recognition…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Biden Administration Seeking Big Changes to “Made in America” Requirements

On January 25, 2021, President Biden signed an Executive Order, titled “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers,” aimed at strengthening domestic manufacturing and increasing…more

Biden Administration, Buy America, Buy American Act, Executive Orders, Federal Acquisition Regulations (FAR)

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Privacy & Data Security Advisory: It’s Not Just Europe: Why 2016 Cloud Vendor Management Programs Should Address Evolving Global Privacy and Cybersecurity Risks

2015 has seen landmark changes in privacy and cybersecurity laws and regulatory best practices. These developments have had a direct impact on cloud vendors. For example, evolving judicial and regulatory interpretations of…more

Cloud Computing, Cybersecurity, Data Privacy, EU, International Data Transfers

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EPA Finalizes Amendments to Air Toxics Standards for Ethylene Oxide Commercial Sterilizers

Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s announcement of final amendments to the air toxics standards for ethylene oxide (EtO) commercial sterilizers…more

Air Pollution, Compliance, Environmental Protection Agency (EPA), Final Rules, Food and Drug Administration (FDA)

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Patent Case Summaries - April 2022 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Claim Construction, Patent Infringement, Patent Litigation, Patents, Precedential Opinion

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Payments Docket - May 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for…more

Banking Sector, Banks, Class Action, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Payments Docket - May 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for…more

Banking Sector, Banks, Class Action, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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California’s Climate Disclosure Requirements and Their Far-Reaching Effects

Our Environment, Land Use & Natural Resources and Securities Groups dig into a trio of new climate-related disclosure laws in California that go into effect beginning January 1…more

California, Capital Markets, Climate Change, Disclosure Requirements, Governor Newsom

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Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Patent Case Summaries - September 2021 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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NYDFS Releases Industry Letter on the Use of Self-Service Password Reset Feature

On January 12, 2024, the New York State Department of Financial Services (“NYDFS”) released a new Industry Letter on the use of self-service password reset (“SSPR”) services, which enable users to reset their own password…more

Cybersecurity, Financial Services Industry, NYDFS, Passwords, Risk Management

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Antitrust Spotlight: Epic v. Apple #3

In this third installment of the Antitrust Spotlight on the Epic v. Apple trial, we cover key issues identified by the court during closing arguments and post-trial briefing, as well as the arguments highlighted by the parties,…more

App Developers, App Store, Apple, Closing Arguments, Competition

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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New Initiatives for the New Year: Highlights of the OIG’s 2017 Work Plan

On November 10, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) issued its 2017 Work Plan. The 2017 Work Plan outlines the areas of special concern to the OIG and describes…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Fiscal Year, Medicaid

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EPA Finalizes Sweeping New Safety Standards and Public Disclosure Requirements for Chemical Accidents

Our Environment, Land Use & Natural Resources Group examines the Safer Communities by Chemical Accident Prevention Rule’s stringent requirements for accident prevention, response, and public disclosure of information…more

Accident Reports, Clean Air Act, Department of Labor (DOL), Final Rules, Hazardous Substances

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OIG Adds New Teeth to the Information Blocking Rule

Our Health Care Group shares what you need to know about how the Department of Health and Human Services implemented civil monetary penalties and enforcement authority for information blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Information Technologies, Information Blocking Rules

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IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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Corporate Transparency Act Under Fire in Narrow District Court Ruling

Our Finance and White Collar, Government & Internal Investigations Groups examine an Alabama federal court’s ruling that the Corporate Transparency Act (CTA) is unconstitutional…more

Constitutional Challenges, Corporate Transparency Act, FinCEN, Injunctions, NSBA

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Corporate Transparency Act Under Fire in Narrow District Court Ruling

Our Finance and White Collar, Government & Internal Investigations Groups examine an Alabama federal court’s ruling that the Corporate Transparency Act (CTA) is unconstitutional…more

Constitutional Challenges, Corporate Transparency Act, FinCEN, Injunctions, NSBA

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Certain FFCRA Paid Sick Leave Regulations Struck Down by New York Federal Court

A federal judge has thrown a wrench into the Department of Labor’s implementation of a key component of the government’s response to the coronavirus pandemic. Our Labor & Employment Group examines how the court struck down four…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Health Care Providers

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How Will Supreme Court’s New Decision on Personal Jurisdiction Impact Manufacturers?

Defendants and lower courts hoping for clarity about personal jurisdiction were disappointed by the U.S. Supreme Court last month. Our Products Liability and Litigation Groups examine a new decision whose ambiguity could invite…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Across the Horizon: Growing Class Action Risks in the UK and EU

Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU…more

Class Action, Collective Actions, EU, Jurisdiction, UK

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Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B,…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), General Services Administration (GSA), NDAA

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Virginia Amends Data Breach Notification Law

Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Notification Requirements

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Lessons Higher Education Can Learn from Recent First Amendment Litigation

Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students…more

Colleges, Diversity, Educational Institutions, First Amendment, Free Speech

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Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions

Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability. Over the last several weeks, critical developments…more

Alphabet Company, Corporate Counsel, Corporate Liability, Cybersecurity, Disclosure Requirements

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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FTC Approves New Data Breach Notification Requirement for Nonbanking Financial Institutions

With an amendment to its Safeguards Rule, the Federal Trade Commission has joined other federal agencies regulating cybersecurity breaches. Our Privacy, Cyber & Data Strategy Team analyzes how the amendment will affect…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Federal Trade Commission (FTC)

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Retail: What's in Store - February 2019

Payments Developments in 2018 and Outlook for 2019 - The cost of accepting payments is one of the most significant expenses faced by most retailers, and managing those costs is an ongoing struggle. The year 2018 saw significant…more

Arbitration, Cannabidiol (CBD) oil, Counterfeiting, Credit Card Surcharges, Cyber Threats

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Patent Case Summaries - July 2020 #4

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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FBI and CISA Warn of Chinese Cyberattacks on U.S. Critical Infrastructure

Recently, there has been a surge in alerts and warnings concerning cyberattacks by People’s Republic of China (PRC) state-sponsored threat actors on U.S. critical infrastructure. On February 7, 2024, the Federal Bureau of…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), FBI

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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European Parliament Approves EU Artificial Intelligence Act

On March 13, 2024, the European Parliament approved the much-anticipated EU Artificial Intelligence Act (‘AI Act’). The AI Act is billed as the first comprehensive legal framework worldwide that specifically regulates AI…more

Artificial Intelligence, EU, European Commission, Machine Learning, Regulatory Oversight

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Class Action & MDL Roundup 2022 Q3 – Directing Physical Loss and Damage

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2022. In this edition, all dog stairs go to heaven, the Third Circuit resets Article III standing, and…more

401k, Antitrust Litigation, Class Action, Class Certification, Class Members

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Food & Beverage Digest – December 2023: Only the Finest of Preservatives

In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, states get in on the class action, protein can’t pack a…more

Advertising, Baby Products, Beverage Manufacturers, Class Action, Food Labeling

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FSOC Approves Analytic Framework for Financial Stability Risks and Guidance on Nonbank Financial Company Designations

A&B Abstract: On November 3, 2023 the Financial Stability Oversight Council (hereinafter “FSOC” or “Council”) unanimously approved final versions of: (1) the new Analytic Framework for Financial Stability Risk Identification,…more

Banking Regulators, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Institutions, Financial Services Industry

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Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine…more

Compliance, Cyber Crimes, Cybersecurity, Data Protection, Data Security

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Is “Into the Pipeline” the Equivalent of a Wellhead Valuation? Not So Fast, Says Texas Supreme Court

Our Oil & Gas Team parses a ruling from Texas that reminds courts to look at the entire contract, not just a favorite word or phrase. The parties disagreed about where along the pipeline royalty valuation should occur. The Texas…more

Contract Terms, Mineral Leases, Oil & Gas, Oil Wells, Pipelines

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PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more…more

CERCLA, Contaminated Properties, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Treasury to Sharpen CFIUS Procedures and Enforcement

Proposed changes to how the Committee on Foreign Investment in the United States (CFIUS) can request information and impose civil penalties signal that CFIUS will increasingly focus on compliance and enforcement. Our…more

CFIUS, Civil Monetary Penalty, Compliance, Enforcement, Foreign Investment

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FTC Denies an Application to Add a New Verifiable Parental Consent Mechanism Under COPPA Rule Without Prejudice

On March 29, 2024, the Federal Trade Commission (the “FTC”) published a unanimous decision to deny an application by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”) to add a new…more

COPPA, Data Collection, Data Protection, Facial Recognition Technology, Federal Trade Commission (FTC)

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Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors

On May 12. 2021, President Biden signed an Executive Order aimed at improving the Nation’s Cybersecurity by curtailing data breaches and malicious cyber campaigns. The Order comes in response to a number of recent cybersecurity…more

Biden Administration, Cybersecurity, Data Breach, Executive Orders, Federal Acquisition Regulations (FAR)

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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SEC’s Cybersecurity Rules – SEC Issues Guidance and DOJ Establishes Processes for the National Security or Public Safety Exception

Our Securities and Privacy, Cyber & Data Strategy teams unpack the Department of Justice’s (DOJ) process for companies seeking to delay Form 8-K disclosures under the Securities and Exchange Commission’s (SEC) cybersecurity…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, FBI

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Delaware Affirms Validity of Federal-Forum Selection Clauses for Section 11 Claims

Our Securities Litigation Group discusses the implications of the Delaware Supreme Court allowing corporations to require Securities Act stockholder actions to be brought in federal court…more

Forum Selection, Securities Act of 1933, Securities Litigation

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Department of Labor Issues Final Rule to Amend Overtime Regulations in Two Phases

Our Labor & Employment Group examines how employers can prepare for changes to employee exemption classifications under the Fair Labor Standards Act’s (FLSA) overtime requirements…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Legislative Intent Supports a Year’s Reprieve from California’s Voluntary Carbon Market Disclosure Act

Our Environment, Land Use & Natural Resources and Securities Groups review the possibility of a welcome delay to enforcement of California’s Voluntary Carbon Market Disclosure Act…more

California, Compliance, Environmental Social & Governance (ESG), Voluntary Disclosure, Websites

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Is Medicare Physician Fee Schedule Reform on the Horizon?

The decreasing value of Medicare reimbursements for physicians has caught the attention of a group of doctors in Congress. Our Heath Care Group explains how draft legislation would stabilize the Physician Fee Schedule (PFS)…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Inpatient Prospective Payment System (IPPS), Medicare, Physician Fee Schedule

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Utilization of Electronic Signatures and Records: What You Need to Know

With so many people working from home and the many government-mandated stay-at-home orders during the coronavirus pandemic, it is difficult – if not impossible – to bring people together for an in-person signature. Our Finance…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Remote Working

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Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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CMS Announces New Repayment Terms for Medicare Accelerated and Advance Payment Program Loans

Our Health Care Group details how changes by the Centers for Medicare & Medicaid Services to the AAP loan program delays repayment obligations for all health care providers and suppliers that received AAP loans during the…more

Advanced Payment Program, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Financial Distress

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Patent Case Summaries - October 2020 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Generic Drugs, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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EPA Risk Management Program (RMP) Facility Safety Rule Delayed Until Feb. 2019

The effective date of EPA’s Risk Management Program (RMP) Facility Safety Rule has been delayed from June 19, 2017 to February 19, 2019. EPA issued a Final Rule on June 9 explaining that the 20-month delay will “allow EPA to…more

Chemicals, Environmental Protection Agency (EPA), Risk Management

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Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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Patent Case Summaries | Week Ending December 29, 2023

K-fee System GmbH v. Nespresso USA, Inc., No. 2022-2042 (Fed. Cir. (C.D. Cal.) Dec. 26, 2023). Opinion by Taranto, joined by Clevenger and Stoll. K-fee owns multiple patents that describe and claim coffee-machine portion…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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CPSC Recall Snapshot: Senate Commerce Committee Finds “Inappropriate Deference to Industry”

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has come under scrutiny this year by some who feel it did not appropriately handle complaints about certain consumer products, prompting an…more

Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls, Retailers

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The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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Board Oversight and Cyber Breach Response: What Involvement Strikes the Right Balance?

New regulations continue to push boards in the direction of active engagement in their cyber oversight role, including breach response. But, how can boards strike the right balance in their oversight role during a significant…more

Compliance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach

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Patent Case Summaries - August 2023 #2

Incept LLC v. Palette Life Sciences, Inc., Nos. 2021-2063, -2065 (Fed. Cir. (PTAB) Aug. 16, 2023). Opinion by Schall, joined by Taranto. Opinion concurring in part and dissenting in part by Newman. Incept owns two patents…more

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

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Board Oversight and Cyber Breach Response: What Involvement Strikes the Right Balance?

New regulations continue to push boards in the direction of active engagement in their cyber oversight role, including breach response. But, how can boards strike the right balance in their oversight role during a significant…more

Compliance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Payments Docket – December 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process proceeds,…more

Banking Sector, Banks, Bitcoin, Consumer Financial Products, Consumer Financial Protection Act (CFPA)

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An Update on the California Consumer Privacy Act and Its Private Right of Action

Though California’s landmark Consumer Privacy Act passed this summer, industry groups and the state’s own attorney general are working to make changes before it can become effective…more

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

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NCAA in Foul Trouble After Supreme Court Favors Student-Athletes

Wondering what antitrust treatment college sports leagues should receive? There’s a Supreme Court ruling for that. Our Antitrust Team breaks down the Court’s NCAA v. Alston decision and considers its conclusions and…more

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

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FTC Enforces New “Made in USA” Labeling Rule for First Time

Our Consumer Protection/FTC Team reviews the Federal Trade Commission’s Made in USA Labeling Rule and the lessons companies can learn from the remedies the FTC sought in its first enforcement action of the rule…more

Advertising, Enforcement Actions, False Advertising, Federal Trade Commission (FTC), Made in the USA

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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time…more

Compliance, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach

Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on…more

Cross-Border Transactions, Data Protection, Data Transfers, EU, General Data Protection Regulation (GDPR)

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A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential…more

Bad Faith, GA Supreme Court, Insurance Claims, Insurance Industry, Insurance Litigation

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Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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FTC at Full Strength Again

Our Consumer Protection/FTC Team examines what the Federal Trade Commission may prioritize now that Chair Lina Khan has her Democratic majority in place…more

Data Privacy, Data Security, Federal Trade Commission (FTC)

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New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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Financial Services & Products / Securities Litigation Advisory: Trends in Enforcement and Recommendations on Protecting Financial Institutions

Directors and officers (D&O) insurance liability coverage terms continue to evolve in ways that can be important to directors and officers when lawsuits or investigations against them arise. In his 2022 speech “Reining in Repeat…more

Consumer Financial Protection Bureau (CFPB), Corporate Officers, D&O Insurance, Dodd-Frank, Insurance Industry

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In Response to Covid-19, New York Delays and California Does Not Delay Cybersecurity and Privacy Enforcement

CCPA Enforcement Will Not Be Delayed - According to a report from the International Association of Privacy Professionals, the California Attorney General has confirmed that enforcement of the California Consumer Privacy Act…more

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

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Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time…more

Compliance, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Health Care Week in Review: Record-Breaking Marketplace Enrollments and Reproductive Healthcare Actions

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Is Medicare Physician Fee Schedule Reform on the Horizon?

The decreasing value of Medicare reimbursements for physicians has caught the attention of a group of doctors in Congress. Our Heath Care Group explains how draft legislation would stabilize the Physician Fee Schedule (PFS)…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Inpatient Prospective Payment System (IPPS), Medicare, Physician Fee Schedule

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IRS Signals Increased Scrutiny of Deductibility of Success-Based Fees in M&A Transactions

Our Tax Group sheds light on recent IRS rulings that disallow deductions involving success-based fees in M&A transactions. Contrary to common practice, the IRS recently ruled target companies could not deduct success-based fees…more

Consolidated Tax Returns, Fees, Investment Adviser, Investment Banks, IRS

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CFPB Issues Bulletin About Auto Repossession, Congressional Republicans Respond

A&B Abstract: The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) recently released a Bulletin addressing the repossession of vehicles and alerting market participants to what it views as those market participants’…more

Automotive Loans, CFPB Bulletins, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Motor Vehicles

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Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. …more

Financial Institutions, Libor, Mortgage Lenders, Mortgage Servicers, Mortgages

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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NY AG’s Office Announces Significant Cybersecurity Settlement with Healthcare Company

On January 5, 2024, the New York Attorney General’s Office (“NY AG”) announced a settlement with Refuah Health Center, Inc. (“Refuah”) based on the company’s alleged failures to appropriately safeguard its patients’ information,…more

Cybersecurity, Data Protection, Health Insurance Portability and Accountability Act (HIPAA), Personal Information, Popular

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Patent Case Summaries - December 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Government Begins Criminal Prosecutions for “Wage-Fixing” and “No-Poach” Agreements

The Department of Justice recently followed through on its stated intent to bring criminal actions against companies and individuals for alleged anticompetitive employment practices. Our Antitrust and Labor & Employment Groups…more

Anti-Competitive, Criminal Investigations, Department of Justice (DOJ), Federal Trade Commission (FTC), Indictments

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A New UK Tax Regime for Asset Holding Companies

Look out, Luxembourg – the UK is on the verge of a set of preferential tax treatments sure to attract asset holding companies. Our Finance Group highlights what it means for the UK investment funds industry and real estate…more

Corporate Taxes, Holding Companies, Investment Funds, Taxation, UK

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Payments Docket – December 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process proceeds,…more

Banking Sector, Banks, Bitcoin, Consumer Financial Products, Consumer Financial Protection Act (CFPA)

See all updates »

Patent Case Summaries - May 2023 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Transition Tax Goes to the Supreme Court

The Supreme Court recently granted certiorari in the case Moore v. United States to review a Ninth Circuit Court of Appeals decision affirming application of the “transition tax” under Section 965, enacted as part of the Tax…more

Foreign Corporations, Internal Revenue Code (IRC), Tax Cuts and Jobs Act, Transition Tax

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Affiliation and Control Under SBA

The Paycheck Protection Loan program created by the CARES Act thrust the U.S. Small Business Administration’s complicated size standards into the spotlight for many companies that never before waded into those muddy waters…more

CARES Act, Office of Hearings and Appeals (OHA), Paycheck Protection Program (PPP), SBA

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Recent Amendments to the Delaware Code Expand Personal Liability Protections to Corporate Officers

Our Securities and Securities Litigation Groups suggest that Delaware companies consider updates to corporate charters following a change in Delaware law allowing companies to exculpate officers…more

Board of Directors, Corporate Charters, Corporate Governance, Delaware, Delaware General Corporation Law

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Supreme Court Holds Patent Owners Can Recover Lost Foreign Profits

Our Intellectual Property Group reviews the Supreme Court’s narrow decision ending the nearly decade-long saga of whether manufacturing parts in the U.S. and assembling them overseas can bring recovery of lost profits for the…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Making Environmental Marketing Claims: A Balancing Act

Our Food & Beverage; Environment, Land Use & Natural Resources; and ESG Advisory Groups outline regulatory and litigation developments in environmental claims on product labels and provide insights on how marketers can mitigate…more

Advertising, Best Practices, Climate Change, Federal Trade Commission (FTC), Green Guides

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Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Trump’s Proposed Infrastructure Plan: Is It Much More Than It Seems?

President Trump released his long-awaited infrastructure plan last week, and like most things that come out of the White House, it was overshadowed by the partisan politics that dominate our government. The plan has been decried…more

Federal Funding, Infrastructure, Infrastructure Financing, Public Private Partnerships (P3s), TIFIA

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Patent Case Summaries | Week Ending March 29, 2024

Virtek Vision International ULC v. Assembly Guidance Systems, Inc. d/b/a Aligned Vision, Nos. 2022-1998, -2022 (Fed. Cir. (PTAB) Mar. 27, 2024). Opinion by Moore, joined by Hughes and Stark. Virtek owns a patent directed to an…more

Food and Drug Administration (FDA), Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Patent Case Summaries - June 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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EPA Finalizes Sweeping New Safety Standards and Public Disclosure Requirements for Chemical Accidents

Our Environment, Land Use & Natural Resources Group examines the Safer Communities by Chemical Accident Prevention Rule’s stringent requirements for accident prevention, response, and public disclosure of information…more

Accident Reports, Clean Air Act, Department of Labor (DOL), Final Rules, Hazardous Substances

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LMA Updates Secondary Bank Debt Standard Terms & Conditions to Include EU Bail-In Provisions

Our Distressed Debt & Claims Trading Team discusses how the updates to the Loan Market Association’s Terms and Conditions incorporate European bail-in rules after Brexit. In conjunction with Brexit becoming effective on January…more

Banking Sector, Debt, EU, Loan Market Association, UK Brexit

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A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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California Marches on with Ambitious Advanced Clean Fleet Rules; Effective Date Looms

It’s been a long road for California to require zero-emission, heavy-duty trucks. Our Environment, Land Use & Natural Resources Group maps out the state’s landmark deal with truck manufacturers, the inevitable litigation to…more

Automotive Industry, California, Carbon Emissions, Manufacturers, Trucking Industry

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Appraisal Bias Settlement: Potential Roadmap

What Happened? The lender and consumers reached a settlement in an appraisal bias case, Nathan Connolly and Shani Mott v. Shane Lanham, 20/20 Valuations, LLC, and loanDepot.com, LLC, filed in Maryland District Court, that…more

Appraisal, Bias, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Dodd-Frank

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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State AGs and Other Stakeholders Weigh In On Proposed COPPA Rule Update

The Federal Trade Commission (FTC) received over 270 comments to its notice of proposed rulemaking (NPRM) for the amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) during the public comment period that…more

Biometric Information, California Privacy Protection Agency (CPPA), COPPA, Data Collection, Federal Trade Commission (FTC)

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

See all updates »

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees are…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Employer Liability Issues, Employment Discrimination

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New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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A New Class Action Theory for Breach of Fiduciary Duty by Brokers Recommending Variable Annuities Is Being Advanced, But Should Not Survive

Our Securities Litigation Group explains how the novel theory from the plaintiffs’ bar to bring a breach of fiduciary duty class action could foreshadow an increase in financial firms’ litigation risk…more

Breach of Duty, Broker-Dealer, Class Action, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Food and Drug Amendments of 2022 (PDUFA VII)

Our FDA and Health Care Policy teams discuss how sponsors and manufacturers can prepare for legislative and regulatory changes that could come from the final Food and Drug Amendments (PDUFA VII) and what companies can do today…more

Food and Drug Administration (FDA), Inspections, Life Sciences, Manufacturers, Medical Devices

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UP and UPC: Changes in European Patent Procedures

This year, patent holders will have a new path to validate (or litigate) their patents in Europe – the unitary patent and Unified Patent Court. Our Intellectual Property Group examines the new mechanism taking shape in nearly…more

EU, Patent Litigation, Patents, Unified Patent Court

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Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Class Certification

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Look Ahead to the Week of March 4: The State of the Union and Government Spending

Look Ahead to the Week of March 4: The State of the Union and Government Spending - Both the Senate and House are in session. This week, Congress will attempt to pass the first tranche of government spending bills after…more

Biden Administration, Cybersecurity, Department of Agriculture, Department of Homeland Security (DHS), Department of Transportation (DOT)

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USCIS Again Extends Certain Employment Authorization Cards by up to 540 Days

The U.S. Citizenship and Immigration Services (USCIS) issued a new temporary final rule, effective April 8, 2024, that extends certain employment authorization documents (EADs) by up to 540 days. Our Labor & Employment and…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Form I-9

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Crystal Ball Gazing for the Federal Estate and Gift Tax After 2020 – Should I Act Now?

Death and taxes may be certainties, but the fate of the estate and gift tax after this election is far from it. Our Wealth Planning Team asks the questions that need asking to help you decide how to plan for the future…more

Estate Tax, Gift Tax, Tax Cuts and Jobs Act, Tax Planning, Wealth Management

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Expanding U.S. Prosecutors’ Anti-Corruption Toolkit: FEPA Is Signed into Law

Signed into law on December 22, 2023, the Foreign Extortion Prevention Act (FEPA) signals a further focus by the U.S. government on anti-corruption enforcement. Our White Collar, Government & Internal Investigations Team…more

Anti-Bribery, Anti-Corruption, Department of Justice (DOJ), Enforcement Actions, Extortion

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SEC Cements Expectations for Investment Advisers’ and Investment Companies’ Cyber Preparedness and Disclosure

Our Privacy, Cyber & Data Strategy and Investment Management, Trading & Markets Teams review the Securities and Exchange Commission’s potentially transformative proposed rules that would require registered investment advisers,…more

Comment Period, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Adviser

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New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

See all updates »

Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors

On May 12. 2021, President Biden signed an Executive Order aimed at improving the Nation’s Cybersecurity by curtailing data breaches and malicious cyber campaigns. The Order comes in response to a number of recent cybersecurity…more

Biden Administration, Cybersecurity, Data Breach, Executive Orders, Federal Acquisition Regulations (FAR)

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“Failure to Prevent” and More: The UK Economic Crime and Corporate Transparency Act 2023 Is Here

Our White Collar, Government & Internal Investigations Team highlights key elements of the UK’s Economic Crime and Corporate Transparency Act…more

Corporate Crimes, Corporate Governance, Corporate Transparency Act, Failure to Prevent, Financial Crimes

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CMS Issues Guidance After Supreme Court Greenlights CMS Health Care Facility Vaccine Mandate, Blocks OSHA Vaccine-or-Test Mandate

In the wake of the Supreme Court’s mixed ruling on federal vaccination mandates, the Centers for Medicare & Medicaid Services has released three separate guidances for three groups of states. Our Labor & Employment and Health…more

Americans with Disabilities Act (ADA), Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Compliance, Compliance Dates

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Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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The SEC Sues SolarWinds and Its CISO for Alleged Fraud and Disclosure Controls Failures

Our Securities Litigation, Securities, and Privacy, Cyber & Data Strategy teams outline vital takeaways for public companies and their directors and officers in light of the Securities and Exchange Commission’s recent civil…more

Chief Information Security Officer (CISO), Corporate Liability, Cybersecurity, Data Security, Disclosure Requirements

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DOJ to Dismiss False Claims Act Lawsuit After Supreme Court Review

An amicus brief in an FCA suit indicates that the government is serious about applying the Granston Memo and invoking its statutory authority to dismiss cases. Our White Collar, Government & Internal Investigations and Health…more

Amicus Briefs, Certiorari, Department of Justice (DOJ), Dismissals, False Claims Act (FCA)

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

See all updates »

COVID-19 Impacts on Statutes of Limitations

The wheels of justice haven’t quite ground to a halt, but states are governing their speed while the courts are closed during the coronavirus pandemic. Our Commercial Litigation Team examines how individual states are treating…more

Coronavirus/COVID-19, Judicial Proceedings, Statute of Limitations, Tolling

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

See all updates »

Alston & Bird 2018 GovCon Briefing and CLE: Washington, D.C.

On October 24, the Government Contracts team at Alston & Bird hosted its inaugural briefing in Washington, D.C. discussing the latest developments and industry updates in the government contracts space. Presenters included Jeff…more

Bid Protests, COFC, Contract Disputes Act, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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California Privacy Protection Agency Board Votes to Advance Proposed Regulations to Formal Rulemaking

On March 8, 2024, the California Privacy Protection Agency (“CPPA”) Board voted to advance to formal rulemaking proposed regulations under the California Consumer Privacy Act, as amended, regarding risk assessments, automated…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Data Protection, Proposed Regulation

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Payments Docket – December 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process proceeds,…more

Banking Sector, Banks, Bitcoin, Consumer Financial Products, Consumer Financial Protection Act (CFPA)

See all updates »

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or a…more

Article III, Data-Sharing, Debt Collection, Debt Collectors, FDCPA

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New Initiatives Benefiting Small Businesses at the U.S. Patent and Trademark Office

Our Intellectual Property Group reviews how a summer rule change from the Small Business Administration dovetails with the newly enacted Unleashing American Innovators Act…more

Corporate Counsel, SBA, Small Business, USPTO

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EPA Seeks Input on Launch of New Label Program for Low Embodied Carbon Construction Materials – More Than $2 Billion in Federal Spending at Stake

Our Environmental, Social & Governance (ESG), Government Contracts, and Construction groups examine the Environmental Protection Agency’s latest labeling program to help the federal government reach its goal of net-zero…more

Carbon Emissions, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG), Global Warming, Inflation Reduction Act (IRA)

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IRS’s Advance Pricing and Mutual Agreement Program Rebounds in 2023: What Is APMA’s Long Game?

APMA set a record for executed advance pricing agreements (APAs), but high processing times and a hefty pending APA inventory continued to challenge APMA in 2023. Our Federal & International Tax Group evaluates trends gleaned…more

Advanced Pricing Agreements, Annual Reports, APMA, IRS, New Guidance

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How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Major Changes Coming to the Qualified Professional Asset Manager Exemption

Our Employee Benefits & Executive Compensation and Investment Funds Teams break down the increased compliance requirements – and compliance costs – qualified professional asset managers (QPAMs) face under the Department of…more

Asset Management, Benefit Plan Sponsors, Compensation & Benefits, Compliance, Department of Labor (DOL)

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What Workers Are Covered by the FTC’s Ban of Noncompete Clauses?

Our Labor & Employment and Antitrust teams unpack the new Federal Trade Commission rule banning most employer noncompete clauses…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

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Patent Case Summaries | Week Ending December 15, 2023

ParkerVision, Inc. v. Vidal, No. 2022-1548 (Fed. Cir. (PTAB) Dec. 15, 2023). Opinion by Chen, joined by Prost and Wallach. Intel filed an IPR petition challenging claims 1, 3, and 5 in a patent owned by ParkerVision relating to…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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CMS Reverses Course on Medicare Overpayment Rule

The Centers for Medicare & Medicaid Services has proposed to redefine what it means to “identify” a Medicare overpayment. The proposal would remove the requirement that providers, suppliers, managed care organizations, and plan…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Medicare

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CSBS Releases Cybersecurity Programs to Help Nonbank Financial Services Institutions Improve Cybersecurity Posture

On August 9, 2022, the Conference of State Bank Supervisors (CSBS) released two cybersecurity tools for nonbank financial services institutions to help prepare for state cybersecurity exams and, ultimately, improve cybersecurity…more

CSBS, Cybersecurity, Financial Institutions, Financial Services Industry, NYDFS

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”…more

Advertising, Consolidated Appropriations Act (CAA), Food and Drug Administration (FDA), Food Labeling, Food Marketing

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Coronavirus Flash Update - May 2020 #12

Alston & Bird’s Coronavirus Flash provides updates on policy and regulatory actions under consideration across many important industries being monitored by our teams. Links to key government and legal resources are provided…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Protecting Recoveries in a Pandemic: What Creditors Can Do Right Now

Use this time to prepare. Our Financial Restructuring & Reorganization Group provides proactive steps creditors can take now to prepare for whatever comes after the coronavirus pandemic subsides…more

Borrowers, Coronavirus/COVID-19, Creditors, Debt Collection

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What Workers Are Covered by the FTC’s Ban of Noncompete Clauses?

Our Labor & Employment and Antitrust teams unpack the new Federal Trade Commission rule banning most employer noncompete clauses…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more…more

CERCLA, Contaminated Properties, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Class Action & MDL Roundup – Fall 2021

In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and…more

Class Action, Class Certification, Class Members, Coronavirus/COVID-19, Corporate Counsel

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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The Race is On: DOJ's Criminal Division the Latest to Offer Non-Prosecution Deals to Whistleblowers

Our White Collar, Government & Internal Investigations Group investigates the latest federal whistleblower program, which offers individuals yet another avenue to report corporate misconduct…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Fraud

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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Patent Case Summaries | Week Ending April 12, 2024

Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc., Nos. 2022-2153, 2023-1952 (Fed. Cir. (D. Del.) Apr. 11, 2024). Opinion by Lourie, joined by Chen. Opinion dissenting-in-part by Cunningham…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Structured Finance Spectrum - July 2018

REGULATORY REPORT – FASB’s New Current Expected Credit Loss Model - Sharpen your pencils and put on your green eyeshades – the Financial Accounting Standards Board is making major changes to the credit loss accounting model…more

Banks, Financial Institutions, Investors, Loans, RMBS

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OIG Adds New Teeth to the Information Blocking Rule

Our Health Care Group shares what you need to know about how the Department of Health and Human Services implemented civil monetary penalties and enforcement authority for information blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Information Technologies, Information Blocking Rules

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Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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Supreme Court Wrestles with Scope of Attorney-Client Privilege

A&B Abstract: On Monday, January 9, 2023, the United States Supreme Court heard argument in a case with potentially major implications for companies and individuals alike…more

Attorney-Client Privilege, Confidential Communications, Privileged Communication, SCOTUS

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CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach

Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on…more

Cross-Border Transactions, Data Protection, Data Transfers, EU, General Data Protection Regulation (GDPR)

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Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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YA Global, the Existence of a U.S. Trade or Business, and the Search for Greater Clarity

Our Federal & International Tax Group examines a long-awaited Tax Court ruling that helps clarify when a non-U.S. company engages in a “U.S. trade or business.”…more

Investment, Investment Management, IRS, Offshore Funds, Portfolio Companies

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Board Oversight and Cyber Breach Response: What Involvement Strikes the Right Balance?

New regulations continue to push boards in the direction of active engagement in their cyber oversight role, including breach response. But, how can boards strike the right balance in their oversight role during a significant…more

Compliance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach

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Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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States May Be Looking to Balance Budgets on the Backs of Medicaid Health Plan Reserves

As state governments look for ways to cover their budgetary shortfalls, Medicaid managed care organizations (MCOs) are an attractive target for cash-strapped states because many MCOs have accumulated “Medicaid savings” through…more

Centers for Medicare & Medicaid Services (CMS), GAO, MCOs, Medicaid, OIG

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New National Cybersecurity Strategy Seeks to Hold Technology Companies Accountable

Our Intellectual Property Group discusses the potential regulatory implications of the Biden Administration’s National Cybersecurity Strategy and the important open questions that remain…more

Biden Administration, Cybersecurity, Data Protection, Data Security, Popular

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Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Patent Case Summaries | Week Ending December 8, 2023

H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, -1208, -1246 (Fed. Cir. (Del.) Dec. 7, 2023). Opinion by Dyk, joined by Prost and Hughes. Takeda U.S.A., Inc. holds the approved New Drug Application for the…more

Abbreviated New Drug Application (ANDA), Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s…more

Amicus Briefs, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Petition for Writ of Certiorari, SCOTUS

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The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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Deadline for Reg BI and Form CRS Compliance Remains on Track

Our Financial Services & Products Group reports on the Securities and Exchange Commission’s decision not to grant an extension for complying with Regulation Best Interest and Form CRS despite the coronavirus pandemic. -…more

Deadlines, Filing Deadlines, Form CRS, Regulation BI, Securities and Exchange Commission (SEC)

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Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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PTAB Overhaul Coming? SCOTUS Speaks in Arthrex

The U.S. Supreme Court preserved inter partes review proceedings before the Patent Trial and Appeal Board by bringing the USPTO director into the mix. Our Intellectual Property Group examines the decision, its impact on current…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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HHS-OIG Publishes Resource on Compliance Program Effectiveness

On March 27, 2017, the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) announced a 52-page resource guide, Measuring Compliance Program Effectiveness: A Resource Guide, aimed at helping…more

Department of Health and Human Services (HHS), Health Care Providers, OIG

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The Longer Term Does Arrive over Time—Financial Services Regulators and Investors Gearing Up for Climate Change Reforms

Swans can be white or black or … green? Our Financial Services & Products and Securities Groups consider climate change and environmental, social, and governance (ESG) expectations for financial services firms and highlight five…more

Banking Regulators, Banks, CFTC, Climate Change, Environmental Social & Governance (ESG)

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Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

See all updates »

New Final AI Regulation from Colorado Department of Insurance—Others Likely to Follow Suit

Our Privacy, Cyber & Data Strategy Group considers the nationwide repercussions of Colorado’s new regulation of insurers’ use of artificial intelligence models to prevent race-based discrimination…more

Algorithms, Artificial Intelligence, Colorado, Compliance, Life Insurance

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IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions

Our Federal Tax Group explains new IRS relief that permits partnerships to file amended returns for their 2018 and 2019 taxable years to claim the benefit of retroactive provisions in the Coronavirus Aid, Relief, and Economic…more

CARES Act, IRS, Revenue Procedures

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Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Patent Case Summaries | Week Ending January 12, 2024

Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., Nos. 2022-1410, -1554 (Fed. Cir. (PTAB) Jan. 9, 2024). Opinion by Taranto, joined by Prost and Hughes. PacBio filed two petitions for IPR, each seeking…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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China Releases Updated Regulations on Permits Needed for Transferring Data out of China

On March 22, 2024, the Cyberspace Administration of China (CAC) published the Regulations on Promoting and Regulating Cross-border Data Flow (the “Regulations”), effective immediately. The Regulations supplement China data…more

China, Data Protection, Data Security, International Data Transfers, Personal Information

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Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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SEC’s Cybersecurity Rules – SEC Issues Guidance and DOJ Establishes Processes for the National Security or Public Safety Exception

Our Securities and Privacy, Cyber & Data Strategy teams unpack the Department of Justice’s (DOJ) process for companies seeking to delay Form 8-K disclosures under the Securities and Exchange Commission’s (SEC) cybersecurity…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, FBI

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EDPB Issues Draft Guidelines on the Calculation of Administrative Fines

On May 16, 2022, the European Data Protection Board (‘EDPB’) published draft regulatory guidelines (‘draft guidance’) on the calculation of administrative fines for infringements of the EU General Data Protection Regulation…more

Administrative Fines, Data Breach, Data Privacy, Data Protection, EU

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Class Action & MDL Roundup – Fall 2019

Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able to…more

Apple, Class Action, Class Certification, Corporate Counsel, Decertification

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Declassified Intelligence Community Letters Highlight Importance of Monitoring Outbound Data Flows

On January 25, 2024, Senator Ron Wyden (D-OR) released documents that confirm U.S. intelligence agencies are purchasing location and other sensitive personal information from data brokers without the consent of the data…more

Data Brokers, Federal Trade Commission (FTC), Location Data, National Security, National Security Agency (NSA)

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Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

See all updates »

EPA Seeks Input on Launch of New Label Program for Low Embodied Carbon Construction Materials – More Than $2 Billion in Federal Spending at Stake

Our Environmental, Social & Governance (ESG), Government Contracts, and Construction groups examine the Environmental Protection Agency’s latest labeling program to help the federal government reach its goal of net-zero…more

Carbon Emissions, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG), Global Warming, Inflation Reduction Act (IRA)

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring it…more

Antitrust Litigation, Class Action, Class Certification, Class Members, Data Breach

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Treasury to Sharpen CFIUS Procedures and Enforcement

Proposed changes to how the Committee on Foreign Investment in the United States (CFIUS) can request information and impose civil penalties signal that CFIUS will increasingly focus on compliance and enforcement. Our…more

CFIUS, Civil Monetary Penalty, Compliance, Enforcement, Foreign Investment

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

See all updates »

Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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Structured Finance Spectrum – January 2020

New year … new market? Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Bankruptcy Code, Consumer Financial Protection Bureau (CFPB), Debtors, Fintech Charter, Leveraged Buyout

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Opportunity for Comment: H-2a Wage Methodology Notice of Proposed Rulemaking

What will the Department of Labor’s new proposal changing the methodology used to set the adverse effect wage rate in the H-2A visa program mean to agricultural employers? Members of our Agricultural Legislative & Public Policy…more

Agricultural Workers, Department of Labor (DOL), Foreign Workers, H-2A, NPRM

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Patent Case Summaries - June 2023 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Hefty FTC Penalty Against Twitter Reveals Privacy Policy Disclaimers Not Sufficient

The Federal Trade Commission has levied a negotiated $150 million civil penalty against Twitter for violating an existing FTC order for alleged misrepresentations to its users, claiming the company deceptively collected users’…more

Consent Order, Corporate Counsel, Data Collection, Data Privacy, Data Protection

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Congressional Compromise Means Importers Should Start Preparing for New Xinjiang Forced Labor Legislation

Congress announced a compromise on the Uyghur Forced Labor Prevention Act this week, and the House passed the bill last night. Our International Trade & Regulatory Group details the bill’s enforcement strategy requirements and…more

China, Customs and Border Protection, Enforcement Actions, Forced Labor, Importers

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Appraisal Bias Settlement: Potential Roadmap

What Happened? The lender and consumers reached a settlement in an appraisal bias case, Nathan Connolly and Shani Mott v. Shane Lanham, 20/20 Valuations, LLC, and loanDepot.com, LLC, filed in Maryland District Court, that…more

Appraisal, Bias, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Dodd-Frank

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Bankruptcy & Financial Restructuring Advisory: Delaware District Court Affirms Bankruptcy Court’s Ruling Allowing Debtor to Sidestep a “Make-Whole” Payment

The U.S. District Court for the District of Delaware recently affirmed the bankruptcy court’s ruling in the Energy Future Intermediate Holding (EFIH) case finding that the debtor was not required to pay a $431 million…more

Acceleration, Bonds, Commercial Bankruptcy, Debtors, Make-Whole Premium

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Patent Case Summaries | Week Ending January 5, 2024

DexCom, Inc. v. Abbott Diabetes Care, Inc., et al., No. 2023-1795 (Fed. Cir. (D. Del.) Jan. 3, 2024). Opinion by Stoll, joined by Dyk and Hughes. DexCom and Abbott are competing manufacturers of continuous glucose monitoring…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Bankruptcy Court Finds Federal Judgment Rate Applies to Postpetition Interest

Our Financial Restructuring & Reorganization Group analyzes a federal bankruptcy court ruling that sides with PG&E over noteholders in a dispute worth more than $500 million in potential interest payments. …more

Bankruptcy Code, Chapter 11, Creditors, PG&E

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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The Race is On: DOJ's Criminal Division the Latest to Offer Non-Prosecution Deals to Whistleblowers

Our White Collar, Government & Internal Investigations Group investigates the latest federal whistleblower program, which offers individuals yet another avenue to report corporate misconduct…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Fraud

See all updates »

Bankruptcy Court Finds Federal Judgment Rate Applies to Postpetition Interest

Our Financial Restructuring & Reorganization Group analyzes a federal bankruptcy court ruling that sides with PG&E over noteholders in a dispute worth more than $500 million in potential interest payments. …more

Bankruptcy Code, Chapter 11, Creditors, PG&E

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Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

See all updates »

Below-Cost Pricing Can Cost You

Raising your prices too high during an emergency can get you in trouble – but so can dropping them too low once the emergency is over. Our Antitrust Team highlights a pair of court cases featuring state laws prohibiting…more

Below-Cost Pricing, Competition, Gas Stations, Retailers, Small Business

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Diving into IRS’s Annual Report on Advance Pricing Agreements: Can APMA Overcome Its Sisyphean Task?

Despite adding personnel and making a concerted effort to speed up the advance pricing agreement process, the Advance Pricing and Mutual Agreement Program (APMA) faces challenges with the mounting demand. Our International Tax…more

Advance Pricing Agreements, Advance Pricing Arrangement Program, Annual Reports, Coronavirus/COVID-19, IRS

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Splitting the Difference: IRS Applies Exempt Organization Excise Tax to Split-Dollar Life Insurance Policies

Our Federal Tax Group delves into proposed Treasury regulations addressing exempt organizations’ below-market loans used to pay for split-dollar life insurance premiums…more

Excise Tax, IRS, Life Insurance, Popular, Tax Cuts and Jobs Act

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UK Treasury Moves Forward with Plans to Regulate Stablecoins for Payments

Our Financial Services & Products London Team examines the UK’s foray into the regulation of cryptoassets in its effort to be ‘a global hub’ for crypto-companies…more

Cryptoassets, Distributed Ledger Technology (DLT), Financial Conduct Authority (FCA), Financial Markets, Financial Transactions

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Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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New York Appellate Court Upholds Plain Meaning of Reserve Provision in CMBS Loan Agreement

On October 24, 2017, a New York appeals court unanimously affirmed dismissal of a CMBS borrower’s lawsuit concerning the interpretation of a reserve provision in a commercial loan agreement. The dispute concerned the…more

Borrowers, CMBS, Lenders, Loan Agreements

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Public Health Emergency Set to End May 11, 2023: What It Means for FDA-Regulated Firms and Products

The coming end to the COVID-19 public health emergency doesn’t mean the end of all FDA authorities exercised during the pandemic. Our FDA/Food, Drug & Device Team explores what will happen to the FDA’s emergency use…more

Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Medical Devices, Public Health Emergency

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Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Suits

Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims. The case centers on the proper method for presenting and…more

CA Supreme Court, Discrimination, Evidentiary Standards, McDonnell Douglas Formula, Retaliation

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Department of Labor Issues Final Rule to Amend Overtime Regulations in Two Phases

Our Labor & Employment Group examines how employers can prepare for changes to employee exemption classifications under the Fair Labor Standards Act’s (FLSA) overtime requirements…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Patent Case Summaries | Week Ending November 3, 2023

Malvern Panalytical Inc. v. TA Instruments-Waters LLC, et al., No. 2022-1439 (Fed. Cir. (D. Del.) Nov. 1, 2023). Opinion by Prost, joined by Hughes and Cunningham. Waters sued Malvern for infringement of two patents directed to…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Federal Reserve Revises Main Street Lending Program, Adds Third Option

Two loan options in the Main Street Lending Program simply weren’t enough to meet the purpose of the CARES Act, so the Fed created a third. Our Finance Group charts a course through all three and explains how the Fed has…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Treasury to Sharpen CFIUS Procedures and Enforcement

Proposed changes to how the Committee on Foreign Investment in the United States (CFIUS) can request information and impose civil penalties signal that CFIUS will increasingly focus on compliance and enforcement. Our…more

CFIUS, Civil Monetary Penalty, Compliance, Enforcement, Foreign Investment

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Coronavirus Flash Update: August 2020 #3

This is the final regular edition of Alston & Bird’s Coronavirus Flash Update, the 47th. UPDATED 9:00 AM ET ON MONDAY, AUGUST 17, 2020 - The Latest News - U.S. COVID-19 cases exceed 5,374,002 and 168,690 U.S. deaths. (Source:…more

CARES Act, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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FDA Extends Pause on Non-mission-critical Domestic Surveillance inspections to February 4 – Medical Products Supply Chain Week in Review

In this week’s issue, OSHA withdrew its emergency temporary standard (ETS), which required a mandatory vaccination policy for large private employers with an exception for employers that adopt a policy requiring mandatory…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cybersecurity, Department of Health and Human Services (HHS)

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Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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New York Appeals Court Rules Daily Fantasy Sports Is Unconstitutional Gambling

A 2018 U.S. Supreme Court ruling opened the door to sports wagering, but individual state constitutions have created a patchwork of state gaming laws…more

Fantasy Sports, Gambling, Sports Betting, Sports Gambling

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Transition Tax Goes to the Supreme Court

The Supreme Court recently granted certiorari in the case Moore v. United States to review a Ninth Circuit Court of Appeals decision affirming application of the “transition tax” under Section 965, enacted as part of the Tax…more

Foreign Corporations, Internal Revenue Code (IRC), Tax Cuts and Jobs Act, Transition Tax

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NCAA President Proposes New Model for College Athletics

The rise of superconferences may not be the only sea change in Division I college athletics. Our Education Team tackles the NCAA president’s attempt to address how schools cater to their student-athletes’ ability to cash in on…more

College Athletes, Colleges, NCAA, Student Athletes, Universities

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Appraisal Bias Focus Continues in 2024

What Happened? Building on the 2021 announcement of the Interagency Task Force on Property Appraisal and Valuation Equity (“PAVE”) and a series of federal agency actions in the intervening months, 2024 brings new efforts at the…more

Anti-Discrimination Policies, Appraisal, Bias, ECOA, Fair Housing Act (FHA)

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Patent Case Summaries - March 2023 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

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

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Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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FDA Proposes to Overhaul Labeling Requirements for Approved or Conditionally Approved New Animal Drugs

Nearly five decades after the FDA last reorganized animal drug labeling regulations, the agency has released a proposal to revise the requirements for the content and format of labeling for approved or conditionally approved new…more

Animal Drugs, Animal Health, Biologics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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California Attorney General Launches CCPA Investigative Sweep for Employers

On July 14, 2023, California Attorney General Rob Bonta launched investigations into large California employers regarding their compliance with the California Consumer Privacy Act (the “CCPA”) as it relates to their processing…more

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

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PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

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

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

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

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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