BakerHostetler

Contact
Share
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • New York
  • Ohio
  • Pennsylvania
  • Texas
  • Washington
Number of Attorneys
1,000+ Attorneys

Federal Circuit Provides Guidance on Joint Infringement Standard

In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017), the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a). Specifically, the court provided guidance on performing…more

Joint Infringement, Patent Infringement, Patent Litigation, Patents

See all updates »

FCC Proposes Modifications to Foreign Sponsorship Identification Requirements for Broadcasters

​​​​​​​On Oct. 6, 2022, the Federal Communications Commission (FCC) released a Second Notice of Proposed Rulemaking (Second NPRM) in which it proposes changes to its current foreign sponsorship disclosure requirements for…more

Advertising, Broadcasting, Certification Requirements, FCC, Foreign Agents

See all updates »

The Peach State Takes a Bite at Privacy Law

The Georgia Senate voted to pass the Georgia Consumer Privacy Protection Act (SB 473) on Feb. 27th. Although the bill is similar to many other comprehensive state privacy laws, there are some notable distinctions…more

Consent, Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection

See all updates »

DOJ Announces Major Corporate Enforcement Policies

Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs (and…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Cooperation, Corporate Crimes

See all updates »

Privacy ‘Deep in the Heart of Texas’: An Overview of the Texas Data Privacy and Security Act

Texas, long lauded as one of the most “business-friendly” states, has passed a comprehensive privacy law that will bring new regulations to consumer personal data. The new Texas Data Privacy and Security Act (“TDPSA”), H.B. 4,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, COPPA, Data Privacy, Data Security

See all updates »

What Is a PFAS, and Why Should I Care? Part II - The Threat to the Restaurant and Food Packaging Industries, and Potential Personal Injury Classes

In our initial blog post, we introduced readers to per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” and predicted the rise of PFAS consumer class actions and increased regulatory activity barring the use…more

Bodily Injury, Class Action, Consumer Product Companies, Fast-Food Industry, Food Manufacturers

See all updates »

How to Protect and Clear Your Medical Device During Development

Partner Hussein Akhavannik breaks down specific patent protection and clearance strategies for each stage of medical device development, from concept and design to the manufacturing and sale…more

Design Patent, Foreign Jurisdictions, Intellectual Property Protection, Manufacturers, Medical Devices

See all updates »

Texas Wastewater Injection Wells Off the Hook for Causing Earthquakes

On September 10, the Texas Railroad Commission absolved a second oil and gas company of causing a series of earthquakes in northern Texas finding that the seismic activity was due to “natural tectonic processes.” The Commission…more

Earthquakes, Energy Sector, Fracking, Oil & Gas, Railroads

See all updates »

SEC Adopts Final Rules Modernizing Business and Financial Disclosure Requirements

On March 20, 2019, the Securities and Exchange Commission (SEC) adopted amendments to the disclosure requirements for public companies under Regulation S-K, and to similar provisions regarding investment company disclosures…more

Amended Rules, Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), Investment Companies, Investors

See all updates »

DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for…more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

See all updates »

Providers Breathe Sigh of Relief with New Anti-Kickback Safe Harbors and CMP Exceptions

On December 7, 2016, the HHS Office of Inspector General (OIG) finalized a set of rules first proposed in 2014 adding new anti-kickback law safe harbors and protecting additional conduct from enforcement under the civil monetary…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

PPP Recipients Should Take Steps To Document Their Borrowings, Use of Funds and Related Transactions

The Paycheck Protection Program (PPP) was originally funded with $349 billion, and Congress recently appropriated another $310 billion for the program…more

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

See all updates »

10/10 Would Recommend: The FTC’s Proposed Rulemaking on Fake Reviews and Endorsements Indirectly Addresses Review Bombing in Video Games

Could someone please tell my mom that – no – playing three hours of Frogger every day on a hand-me-down Atari did not in fact “melt my brain”? I’m still capable of thoughtful legal analysis, with the help of brilliant…more

Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Online Reviews

See all updates »

Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in patent infringement actions. In doing so, the court held that an infringer…more

Motorola, Patent Infringement, Patent Litigation, Patents

See all updates »

California Senate Bill 93: Employers, We Have You Covered

On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for…more

California, Employee Retention, Employees, Hiring & Firing, Hospitality Industry

See all updates »

Supreme Court Rules: OSHA Vaccine Mandate Stayed; CMS Mandate In Effect

Update: CMS recently modified compliance deadlines for facilities previously subject to the injunctions lifted by the Supreme Court. Those facilities must now comply with phase 1 of the CMS rule by February 13, 2022 and phase 2…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations

See all updates »

Florida Court Allows Plaintiff Extensive Communication with Putative Class Members

A recent decision from the Southern District of Florida denied a motion seeking to limit plaintiffs’ ability to contact putative class members to solicit support and evidence in support of a class certification motion. In A.R…more

Attorney Solicitation, Class Action, Class Certification, Medicaid, Putative Class Actions

See all updates »

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will…more

Claim Construction, Continuing Legal Education, Damages, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Just in Time for the Dreaded Recession - Mandated Severance Payments in New Jersey for Mass Layoffs and Closings

I Remember Something About This. Remember back before COVID-19 arrived in the United States – can you remember that far back? Way back then, New Jersey passed amendments to the New Jersey WARN Act that would require employers…more

Amended Legislation, Layoff Notices, Layoffs, Mini-Warn Acts, Notice Requirements

See all updates »

CMS COVID-19 Interim Final Rule Issued With Retroactive March 1 Effective Date

The Centers for Medicare & Medicaid Services (CMS) released an interim final rule, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (April 6), that makes…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Interim Final Rules (IFR), Medicaid, Medicare

See all updates »

Identifying Novelty in Patent Harvesting Meetings

I recently received a call from a friend who expressed that his company is struggling with helping inventors identify a point of novelty for their ideas in their invention disclosure forms (IDFs), and as a result, it has been…more

Inventors, Patent Applications, Patents, USPTO

See all updates »

California Privacy Protection Agency Turns its Attention to Connected Vehicles

On July 31, 2023, the California Privacy Protection Agency’s (“CPPA” or the “Agency”) Enforcement Division announced a review into the data privacy practices of connected vehicle (“CV”) manufacturers and related CV technologies…more

California Privacy Protection Agency (CPPA), Connected Cars, Data Privacy, Enforcement Priorities, Motor Vehicles

See all updates »

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to Pay Union Dues or Fees

In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for…more

Collective Bargaining, First Amendment, Harris v Quinn, Healthcare, Medicaid

See all updates »

CMS Proposes Increased Rewards for Reporting Fraud and Abuse

The Centers for Medicare and Medicaid Services (CMS) recently published a proposed rule modifying certain provisions in their Incentive Reward Program (IRP) to sweeten the incentives for reporting sanctionable conduct. Revisions…more

Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Fraud, Health Insurance Portability and Accountability Act (HIPAA), Incentives

See all updates »

Show Me the Data: Investors Demand Better ESG Disclosures

Asset managers are always looking for a valuation edge. But even when key factors are identified, the data may not be available. This is particularly true with environmental, social and governance (ESG) issues…more

Corporate Governance, Environmental Social & Governance (ESG), Investors, Securities and Exchange Commission (SEC)

See all updates »

DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts

It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health…more

Department of Labor (DOL), Federal Contractors, Minimum Wage, Wage and Hour

See all updates »

A Shift Toward Employers?

As most employers are now aware, the National Labor Relations Board (NLRB, or the “Board”) in recent years has adopted more restrictive, non-employer-friendly approaches to what it will permit in workplace policies. These rules…more

Employee Handbooks, NLRA, NLRB, Protected Concerted Activity, Section 7

See all updates »

State Oil and Gas Laws v. Local Control: The Struggle Continues in Ohio

On February 17, 2015, the Ohio Supreme Court announced its ruling in The State Ex Rel. Morrison v. Beck Energy Corporation et al. That closely-watched case addressed whether local ordinances that impact drilling operations are…more

Fracking, Oil & Gas, Preemption

See all updates »

AD-ttorneys@law

In This Issue: - California Voters Likely to Decide Consumer Privacy Rules - Finally, a Full House - Musical.ly Under Scrutiny - Action Filed Against Clif Bar for Misleading Advertising for Sugary Bars... …more

Advertising, CARU, COPPA, False Advertising, Federal Trade Commission (FTC)

See all updates »

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking…more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

See all updates »

President Signs Freedom of Information Act Reforms

Obtaining government documents through the Freedom of Information Act (FOIA) should become somewhat easier under a law signed by President Obama on June 30, 2016. The law, known as the FOIA Improvement Act of 2016 (S. 337),…more

Document Requests, FOIA, Transparency

See all updates »

Class Action Disgorgement Case Dismissed Against PG&E as Remedy Sought Would Interfere with Filed Rates

Companies in regulated markets, such as insurance and energy, are increasing litigating issues surrounding the “filed rate doctrine,” or in other words, whether they can be sued in a class action where the remedy sought…more

Class Action, Disgorgement, Dismissals, Filed-Rate Doctrine, PG&E

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

Florida: Sun, Fun, and Sand or Back Taxes, Penalties, and Interest?

Do you own residential property in Florida? Do you also own residential property in another state? Some Florida counties have been cracking down on Florida Homestead exemption fraud, and you might be surprised to find you owe…more

Back Taxes, Florida, Homestead Exemption, Lawful Permanent Residents, Primary Residence

See all updates »

Signed, Sealed, Delivered, But Not Dismissed: the Sixth Circuit Takes on Campbell-Ewald’s Offered vs. Delivered Distinction

Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a…more

Auto-Dialed Calls, Campbell Ewald v Gomez, Class Certification, Corporate Counsel, Mootness

See all updates »

New USPTO Rule Will Require Foreign Trademark Owners Be Represented by U.S.-Licensed Attorney

On Aug. 3, a new regulation promulgated by the U.S. Patent and Trademark Office (USPTO) will take effect and require all trademark applicants, registrants and parties to trademark proceedings that are domiciled outside the…more

Foreign Trademark, Intellectual Property Protection, Legal Representatives, Madrid Protocol, Trademark Application

See all updates »

Ohio Proposes Comprehensive Privacy Legislation

Ohio recently became the latest state to consider enacting comprehensive privacy legislation. On July 13, 2021, the Ohio Personal Privacy Act (House Bill 376) was introduced into the Ohio House of Representatives with the…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Data Protection

See all updates »

Deception and Unfair Practices Come Preinstalled

Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software…more

Cybersecurity, Federal Trade Commission (FTC), Lenovo, Software, Unfair or Deceptive Trade Practices

See all updates »

A Recent Entrance to Copyright Protection: Can AI Qualify as an Author Under U.S. Copyright Law?

Should copyright protection be given for AI-generated inventions? Stephen Thaler, the president and CEO of Imagination Engines, thinks so…more

Artificial Intelligence, Artistic Works, Authors, Authorship, Copyright

See all updates »

Social Justice Movements & Employee Dress Codes

Employees showing support for social justice movements are starting to wear their advocacy positions on their sleeve – or on their face coverings or t-shirts. Who gets to decide what is offensive and what is not, and how should…more

Dress Codes, Employee Handbooks, Employee Rights, Employer Rights, Employment Policies

See all updates »

The SEC Secures Major Trial Victory in Its First ‘Shadow Trading’ Insider Trading Enforcement Action – Securities and Exchange Commission v. Panuwat

On Friday, April 5, a California federal jury found a former Medivation executive liable for insider trading under the novel liability theory of “shadow trading,” following an eight-day trial and less than three hours of…more

Confidential Information, Corporate Officers, Enforcement Actions, Insider Trading, Jury Trial

See all updates »

Independent Oil and Gas Producers Defeat Attempt to Revive Obama-Era Hydraulic Fracturing Regulations

On March 27, 2020, the United States District Court for the Northern District of California granted summary judgment on behalf of BakerHostetler clients Independent Petroleum Association of America (IPAA) and Western Energy…more

Energy Sector, Fracking, Fracking Bans, Oil & Gas

See all updates »

2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team…more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

See all updates »

Blockchain 50 Published, Exchanges Expand Services, Enforcement Actions by SEC, CFTC and International Tax Authorities, Hacks Drive Losses

Forbes Publishes Blockchain 50, Cryptocurrency Exchanges Expand Services - This week, Forbes published its second annual Blockchain 50 list, recognizing the 50 largest companies with significant blockchain technology…more

Blockchain, CFTC, Cryptocurrency, Cyber Attacks, Digital Currency

See all updates »

HHS Finalizes Safeguarding the Rights of Conscience as Protected by Federal Statutes Rule

On Jan. 9, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) finalized a 2023 proposed rule titled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (“Final Rule”)…more

Department of Health and Human Services (HHS), Final Rules, Health Care Providers, OCR, Religious Discrimination

See all updates »

FTC Releases Privacy and Data Security Update

On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data…more

Artificial Intelligence, CAN-SPAM Act, COPPA, Cybersecurity, Data Security

See all updates »

Sixth Circuit Denies Government Motion for Rehearing in Quality Stores Employment Tax Challenge

The Sixth Circuit has unanimously and summarily denied a Government request for en banc rehearing of a taxpayer-favorable ruling in United States v. Quality Stores, Inc., 693 F.3d 605 (6th Cir. Sept. 7, 2012)…more

FICA Taxes, IRS, Quality Stores, Refunds, Statute of Limitations

See all updates »

Final and Temporary Debt-Equity Regulations Under Section 385 Implement Highly Favorable Changes

On Oct. 13, 2016, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final and temporary regulations under Section 385 governing the treatment of certain instruments as debt or equity…more

Debt, Foreign Corporations, IRS, Proposed Regulation, REIT

See all updates »

Healthcare Industry Team 2023 Year in Review

As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and…more

Antitrust Litigation, Artificial Intelligence, Biotechnology, Cannabis Products, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Treasury Is Seeking Public Input on Implementing EV Tax Credit Under the Inflation Reduction Act of 2022

Key Takeaways - ..The U.S. Department of the Treasury and the Internal Revenue Service are accepting public comments on the implementation of electric vehicle (EV) tax credits under the Inflation Reduction Act of 2022 (the…more

Batteries, Electric Vehicles, Inflation Reduction Act (IRA), IRS, Lithium Batteries

See all updates »

FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the…more

Business Interruption, Choice-of-Law, Contract Terms, Defense Strategies, Economic Sanctions

See all updates »

The ABI Commission on Business Bankruptcy Reform: Director and Officer Fiduciary Duties and Lender Liability

Will Congress Finally Act? This is the third in a series of Alerts regarding the proposals made by the American Bankruptcy Institute’s Commission to Reform Chapter 11 Business Bankruptcies. It covers the Commission’s…more

American Bankruptcy Institute, Bankruptcy Code, Bankruptcy Reform, Board of Directors, Chapter 11

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the…more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

See all updates »

Proposed Regulations Define Donor Advised Funds

Donor advised funds (DAFs) are wildly popular with donors because they reduce the costs and administrative burdens of charitable grants and investing, thereby increasing amounts available for charitable giving. Since 2009,…more

Charitable Organizations, Donor-Advised Funds (DAFs), Excise Tax, IRS, Proposed Regulation

See all updates »

SEC Approves Nasdaq Board Diversity Proposal

On Aug. 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved The Nasdaq Stock Market LLC’s (Nasdaq) proposal, as amended, to implement diversity requirements for companies listed on the Nasdaq exchanges. In a…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Nasdaq

See all updates »

German Data Protection Authority Issues Fines for Unlawful Cross-Atlantic Data Transfers

The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had fined…more

Binding Corporate Rules, Data Protection Authority, EU, Germany, International Data Transfers

See all updates »

Tax Court Rules Corporate Merger of Family-Owned Businesses Results in Substantial Taxable Gift

In September, the Tax Court issued its opinion in Cavallaro v. Commissioner, T.C. Memo 2014-189, holding that a merger of two family-owned businesses resulted in a $29.6 million gift from Mr. and Mrs. Cavallaro to their three…more

Family Businesses, Gift Tax, Mergers, Popular, Tax Court

See all updates »

Stablecoins Launch in US Amid Multiple Securities Enforcement Actions and Bid to Repurpose DoD Data Center for Cryptocurrency Mining

Stablecoins Launch in US as New Data Cites Drop in ICO Funding - On Monday, Sept. 10, 2018, the New York Department of Financial Services (DFS) announced that it has authorized both Paxos Trust Company LLC and Gemini Trust…more

Cryptocurrency, Department of Defense (DOD), Enforcement Actions, Financial Crimes, Financial Industry Regulatory Authority (FINRA)

See all updates »

FERC Action on Electric Storage Could be Transformational

In an action that industry observers have hailed as opening the floodgates for electric energy storage and sounding the death knell for peaking power plants across the nation, the Federal Energy Regulatory Commission (FERC) has…more

Electricity, Energy Market, Energy Sector, Energy Storage, FERC

See all updates »

[Webinar] Paycheck Protection Program 2.0: What Borrowers Need to Know - February 22nd, 11:00 am - 12:30 pm EST

The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), enacted into law on December 27, 2020, provides additional, much-needed relief to businesses and families economically impacted by the…more

Amended Rules, Borrowers, Civil Liability, Continuing Legal Education, Coronavirus/COVID-19

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

How NLRB's New ‘Quickie Election' Rule Strengthens Unions' Positions

On December 12, 2014, by a 3-2 party-line decision, the National Labor Relations Board (“NLRB” or the “Board”) issued a final rule, which if implemented will drastically truncate union election procedures. Such changes are…more

Ambush Election Rules, Corporate Counsel, Final Rules, NLRB, Union Elections

See all updates »

SEC Reopens Comment Period for Certain Comments Submitted Between June 2021 and August 2022, Including on Climate-Related Disclosure

​​​​​​​The U.S. Securities and Exchange Commission (SEC) issued a release on Oct. 7, 2022 (Release No. 33-11117, the “Release”) indicating that it was reopening comment periods for 11 proposed rules and a request for comment…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

New York City Workers’ Bill of Rights - Another Notice Obligation for NYC Employers

The New York City Department of Consumer and Worker Protection (DCWP) recently published the Workers’ Bill of Rights, a comprehensive guide to employee, applicant and independent contractor rights in the workplace in New York…more

Civil Monetary Penalty, Compliance, Employee Rights, Independent Contractors, Minimum Wage

See all updates »

Ohio Proposes Comprehensive Privacy Legislation

Ohio recently became the latest state to consider enacting comprehensive privacy legislation. On July 13, 2021, the Ohio Personal Privacy Act (House Bill 376) was introduced into the Ohio House of Representatives with the…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Data Protection

See all updates »

The Right Way to Obtain Multi-Line Rights in a Right-of-Way Transaction in Texas

There are many misconceptions about how multi-line rights are created in Texas. Contrary to popular belief, a multiple pipeline right-of-way cannot just be created by changing “pipeline” to “pipelines” in the granting provision…more

Oil & Gas, Pipelines, Texas

See all updates »

Ohio Supreme Court Waves Red Flag on Commercial Activity Tax Assessment

Key Takeaways ..The Ohio Supreme Court decision in NASCAR Holdings, Inc. v. McClain is an Ohio commercial activity tax case that provides another recent example of state courts wrestling with how to apply statutory language…more

Broadcasting, Commercial Activity Tax, Income Taxes, Intangible Property, NASCAR

See all updates »

Nova Scotia Bans Hydraulic Fracturing

On September 3, Nova Scotia’s government announced that it will indefinitely ban high volume hydraulic fracturing onshore. According to Energy Minister Andrew Younger, “Nova Scotians have overwhelmingly expressed concern about…more

Canada, Fracking, Fracking Bans, Proposed Legislation

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

See all updates »

2023 DSIR Deeper Dive: Pixel & Other Website Technologies

We’re back with a deeper dive into the 2023 Data Security and Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022. This episode dives deeper into Pixel & other website…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Website Owner Liability

See all updates »

Los Angeles Joins Ban the Box Movement

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

See all updates »

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation…more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

OSHA Delays Start of New Online Recordkeeping Rule

On May 17, the Occupational Safety and Health Administration announced that employers do not have to file injury and illness information online with OSHA by the July 1 filing deadline. As we noted in a previous alert, on May 11,…more

OSHA, Recordkeeping Requirements, Workplace Injury

See all updates »

Can ‘Hijacking’ a Single Cryptocurrency Network Violate Antitrust Laws?

On Jan. 28, a federal judge in Florida dismissed without prejudice the nation’s first antitrust suit involving cryptocurrency…more

Antitrust Provisions, Blockchain, Corporate Counsel, Cryptocurrency, Digital Currency

See all updates »

Financial Services 2016 Year-End Report

Welcome to the 2016 Year-End Report from BakerHostetler’s Financial Services Industry Team. We are pleased to share our analysis of some of the key legal developments in the financial services industry in the past year and our…more

Consumer Financial Protection Bureau (CFPB), Cybersecurity, Dodd-Frank, Fair Credit Reporting Act (FCRA), FDCPA

See all updates »

Blockchain Developments: Crypto Custody and Payments, Supply Chain Pilots, Regulation and Enforcement

Cryptocurrency Custody, Payments and Mining Initiatives Announced - According to recent reports, the digital asset arm of a multinational financial services corporation was issued a trust company charter by the New York…more

Blockchain, CFTC, Cryptocurrency, Department of Justice (DOJ), Digital Assets

See all updates »

Piece-Rate Employers Face a December 15, 2016 Deadline to Utilize a Safe Harbor or Risk Getting Caught in a Storm

As we have previously reported, in October 2015, Governor Brown signed Assembly Bill 1513. The bill created California Labor Code Section 226.2, which requires employers to pay employees who are compensated on a piece-rate basis…more

Department of Industrial Relations, Governor Brown, Piece-Rate Pay, Wage and Hour

See all updates »

And New Jersey Makes 13!

New Jersey rang in the new year with the signing of a state privacy bill. On Jan. 16, Gov. Phil Murphy signed SB No. 322, stating he was proud that New Jersey had joined the ranks of states with consumer privacy bills…more

Advertising, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

See all updates »

EEOC Approves Strategic Enforcement Plan

On December 18, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) highlighting six high-priority target areas. The SEP stresses that the EEOC’s enforcement efforts over…more

Anti-Retaliation Provisions, Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay, Hiring & Firing

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four

Welcome to the fourth installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the…more

Adtech, Advertising, Cookies, Data Collection, Data Privacy

See all updates »

Be Aware as Trademark Email Scams Get More Sophisticated

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting…more

Email, Lanham Act, Scams, Trademarks, USPTO

See all updates »

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case as…more

Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Power Plants

See all updates »

Appeal Argues AIA Proceedings Are Unconstitutional

Briefing is complete in an appeal asking the Federal Circuit to find that the America Invents Act (AIA) post-grant reviews violate the due process clause of the Constitution based on “structural bias.” New Vision Gaming &…more

America Invents Act, Patent Trial and Appeal Board, Post-Grant Review, USPTO

See all updates »

2024 Trends: UDRP Complaints, Domain Scams Still on the Rise

It has been a busy year for domain scammers – and the brand owners fighting back against them. According to numbers published by the World Intellectual Property Organization (WIPO) and the Forum, the number of complaints brought…more

Domain Name Registration, Domain Names, Intellectual Property Protection, Misappropriation, Phishing Scams

See all updates »

Reimagining Data in the Wave of AI

Partner Janine Anthony Bowen explores data-related issues in technology contracts in the age of GenAI…more

Artificial Intelligence, Confidential Information, Cybersecurity, Data Privacy, Data Protection

See all updates »

The Pregnant Workers Fairness Act Goes into Effect Today

Currently, workers are protected from discrimination based on pregnancy, childbirth or related medical conditions under the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964…more

Americans with Disabilities Act (ADA), Civil Rights Act, Duty to Accommodate, Equal Employment Opportunity Commission (EEOC), New Legislation

See all updates »

Crypto Exchange Kraken Settles SEC Action and Agrees to Pay $30M Fine and Shutter U.S. Crypto Staking Service

The SEC’s Complaint - According to the SEC’s complaint, Kraken offered and sold its staking services to the general public in which participants could transfer crypto assets to Kraken in exchange for “advertised annual…more

Corporate Fines, Crypto Exchanges, Cryptoassets, Enforcement Actions, Securities and Exchange Commission (SEC)

See all updates »

New DOL Sub-Regulatory Guidance on Cybersecurity and the Use of Participant Data

The U.S. Department of Labor (DOL) Employee Benefits Security Administration has posted new guidance on its website regarding cybersecurity and the use of participant data, and ERISA plan administrators need to pay attention…more

Cybersecurity, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Plan Administrators

See all updates »

Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation

Texas is one of the many states that looked to be following in the footsteps of California’s enactment of a broad consumer privacy law (the California Consumer Privacy Act), which has far-ranging implications for businesses and…more

Cybersecurity, Data Breach, Data Protection, Data Security, Notification Requirements

See all updates »

CMS Doubles Down on Targeting Part D Enrollee Prescription Drug Abuse, But Will Stakeholders Agree?

With the release of its 2017 draft call letter, CMS continues its push to curb opioid dependence, overdose and death among Medicare Part D enrollees. To that end, CMS proposes that Part D plan sponsors edit their benefit designs…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug & Alcohol Abuse, Medicare Part D, Pharmacies

See all updates »

Health Care Reform's 90-Day Waiting Period Guidance for Group Health Plans Deserves a Closer Look

One of the many requirements bearing down on group health plans in 2014 is the 90-day waiting period rule found in section 2708 of the Public Health Service Act (PHS Act), as added by the Affordable Care Act (ACA)…more

Affordable Care Act, Eligibility, Employer Group Health Plans, Healthcare, Penalties

See all updates »

Exaggerated Diagnosis Codes and Inadequate Provider Networks: Allegations of Medicare Advantage Fraud Settled for $32.5 Million

The latest settlement involving Medicare Advantage (MA) organizations highlights not only the government’s continuing enforcement focus on Medicare Part C but also the vulnerabilities inherent in that program. In United States…more

Centers for Medicare & Medicaid Services (CMS), Medicare Advantage, Medicare Advantage Organizations (MAOs), Medicare Part C

See all updates »

Florida Revised Limited Liability Company Act

On May 3, 2013, the Florida House of Representatives unanimously passed the Florida Revised Limited Liability Act (the "New Florida Act") in the form of amended House Bill 1079. The companion bill, Senate Bill 1300, was…more

Appraisal, Limited Liability Company (LLC), Members, New Legislation, Waivers

See all updates »

New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review

Last week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to…more

Appeals, Apple, Class Action, Class Representatives, Corporate Counsel

See all updates »

Baked-In Apportionment

In Vectura, the Federal Circuit recently reiterated that the entire market value of an accused multicomponent product may serve as the royalty base if the patent damages analysis is built on sufficiently comparable licenses…more

Apportionment, Patent Infringement, Patent Royalties, Patents

See all updates »

Supreme Court to Consider Patent Laches in Wake of Copyright Laches Decision

When we last discussed patent laches here, the Federal Circuit had voted to rehear, en banc, SCA Hygiene Products’ patent infringement claim, which invoked a laches defense. At that time, the Supreme Court had recently decided…more

Intellectual Property Litigation, Laches, Patent Infringement, Patent Litigation, Patents

See all updates »

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those Requirements

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more…more

Class Action, Class Certification, Commonality, Countrywide, Delegation of Discretion

See all updates »

Groundbreaking Austin Paid Sick Leave Ordinance to Take Effect This Fall

In February 2018, the City of Austin, Texas became the first major southern city in the United States to enact a private sector paid sick and safe leave ordinance…more

Earned Sick Time, Employer Liability Issues, Local Ordinance, Paid Leave, Paid Time Off (PTO)

See all updates »

CFPB Alleges Disparate Treatment in Amex’s US Territories’ Credit and Collection Practices

The Consumer Financial Protection Bureau (CFPB) has issued a Consent Order addressing alleged disparate treatment by banks in overseas territories of the United States. The Consent Order illuminates the CFPB’s approach to…more

Banking Sector, Consent Order, Consumer Financial Protection Bureau (CFPB), Disparate Treatment, Financial Institutions

See all updates »

Vapor Intrusion Guidance Update

U.S. EPA has extended the deadline for comments on its OSWER Final Guidance for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Sources to Indoor Air and its Guidance for Addressing Petroleum Vapor Intrusion…more

Environmental Protection Agency (EPA), Vapor Intrusion, Vapor Intrusion Guidance

See all updates »

COVID19 Update: Anti-Hoarding Enforcement

Government enforcement agencies are cracking down on COVID-19-related wrongdoing. One focus of alleged wrongdoing is the industrial hoarding of supplies deemed essential in the fight against COVID-19…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Goods or Services, Price Gouging, Public Health

See all updates »

“Original Patent” vs. Written Description — A New Reissue Gauntlet?

In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don’t think about much…more

Intellectual Property Protection, Inventions, Inventors, Patent Litigation, Patents

See all updates »

Methane Series Part III: Implementation Is Here. EPA Published the Proposed Rule Implementing the First-Ever Direct Tax on Methane Emissions

We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane…more

Carbon Emissions, Clean Air Act, Environmental Protection Agency (EPA), Exemptions, Federal Taxes

See all updates »

Prop. 19 Tax Changes: Countdown Starts Now

California voters have passed Proposition 19, which will bring about significant changes in the current law regarding property tax value reassessments. This means time is of the essence for certain property owners to act if they…more

Property Owners, Property Tax, Proposition 13, Tax Planning, Wealth Management

See all updates »

Novartis v. Lee: New Math for Calculating Patent Term Adjustment

Recently, in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014), the United States Court of Appeals for the Federal Circuit revised the method by which the United States Patent and Trademark Office (USPTO) calculates patent…more

Novartis, Patent Applications, Patent Term Adjustment, Patent Terms, Request for Continued Examination

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

FAQs: The Families First Coronavirus Response Act for Employers (Updated #3)

On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to…more

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

See all updates »

Administration Launches Antitrust-Focused Strike Force

On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American…more

Anti-Competitive, Antitrust Division, Biden Administration, Chamber of Commerce, Competition

See all updates »

San Francisco's Family-Friendly Workplace Ordinance Allows Requests for Flexible Work Arrangements

San Francisco's new Family-Friendly Workplace Ordinance (the "Ordinance") applies to employers with 20 or more employees and to those San Francisco-based employees who have been employed for at least six months and who work at…more

Family-Friendly Workplace Ordinance, Reasonable Accommodation

See all updates »

Massachusetts Enacts Significant Changes to Its Data Breach Notification Law

On Jan. 10, 2019, Massachusetts Gov. Charlie Baker signed legislation that will significantly amend the state’s data breach notification law. The amendments become effective on April 11, 2019…more

Corporate Counsel, Cybersecurity, Data Breach, Data Protection, Personally Identifiable Information

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Collateral Damage: Medicaid Inspector General Says You're Fired!

The New York Court of Appeals recently ruled that the Office of the Medicaid Inspector General (OMIG) has discretion to exclude a physician from New York's medical assistance program (Medicaid) based solely on a consent order…more

Inspector General, Medicaid, Physicians, Termination

See all updates »

Blockchain for NASA and IoT, Developments in Crypto Products and Payments, Cryptocurrency Exchange Hacked

The Blockchain Effect: NASA, IoT, Supply Chain and State Initiatives - On Monday, NASA Ames Research Center published a paper about a permissioned blockchain framework that addresses privacy and security issues for FAA air…more

Bitcoin, Blockchain, Cryptocurrency, Cybersecurity, Digital Currency

See all updates »

Companies Entering the Disinfectant and Sanitizer Markets Should Proceed With Caution

As COVID-19 swept across the country in March 2020, it became abundantly clear to anyone who visited a grocery store that the United States was facing a severe shortage of essential products. Among some of the more noticeable…more

Coronavirus/COVID-19, Essential Goods, FIFRA, Food and Drug Administration (FDA), Labeling

See all updates »

FTC’s Final Rule on Nonprofits - wait, no - Noncompetes

The FTC released its final rule banning noncompetes last week. The lengthy (570-page) rulemaking provides ample fodder for legal minds to mull over for the near future, but for readers in the healthcare industry, we can reduce…more

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

See all updates »

[Podcast] 2022 DSIR Report Deeper Dive: Ransomware

The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Data Privacy

See all updates »

Colorado Approves Changes to Unemployment Insurance Notices

This past spring, Colorado legislators enacted several new employment-related laws, including Senate Bill 22-234. The bill provides $600 million in federal pandemic relief funds to replenish Colorado’s Unemployment Insurance…more

Notice Requirements, State Labor Departments, State Labor Laws, Unemployment Benefits, Unemployment Insurance

See all updates »

New California Law Requires Additional Public Disclosure by Private Funds

On Sept. 14, 2016, the State of California enacted new legislation that requires additional public disclosure by the funds of any California public pension or retirement system, including the University of California (Public…more

Hedge Funds, Investment Funds, New Legislation, Private Equity, Private Funds

See all updates »

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and…more

Bureau of Industry and Security (BIS), Department of Justice (DOJ), Directorate of Defense Trade Controls (DDTC), Discrimination, Employment Discrimination

See all updates »

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

See all updates »

New FTC Provides Insights Into Its Plan for a Balanced Approach to Data Privacy and Security

This year brought unprecedented focus on consumer privacy – the rollout of the European Union General Data Protection Regulation (GDPR), the Cambridge Analytica controversy and Congressional hearings, a GDPR-light law coming out…more

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

See all updates »

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: The Defend Trade Secrets Act - Five Years After

The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”…more

Defend Trade Secrets Act (DTSA), Former Employee, Hiring & Firing, Intellectual Property Protection, Misappropriation

See all updates »

FTC Issues Final Rule Banning Non-Competes

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first…more

Chamber of Commerce, Constitutional Challenges, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

The BakerHostetler Quarterly New York Employment Law Newsletter - Spring 2019

Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what to…more

Arbitration, Breastfeeding, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Expression

See all updates »

New York's Highest Court Reverses Appellate Division, Reaffirms Litigation Requirement for Common-Interest Privilege

In a recent decision reversing the Appellate Division of the Supreme Court of New York, First Judicial Department, the New York Court of Appeals definitively held that the common-interest privilege may be used in New York only…more

Attorney-Client Privilege, Bank of America, Common-Interest Privilege, Confidential Communications, Corporate Counsel

See all updates »

Retaining the Attorney-Client Privilege in a Merger

In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, Chancellor Strine of the Delaware Chancery Court recently reaffirmed that the target company in a Delaware merger is the sole holder of the attorney-client…more

Attorney-Client Privilege, Confidential Communications, Mergers

See all updates »

Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 2024

In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the…more

Belarus Sanctions, Biden Administration, Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue..…more

Bid Protests, Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

SEC Approves Proposed Amendments Related to the Regulation of Proxy Advisors

The Securities and Exchange Commission (SEC) has approved in a 3-1 vote the long-debated proxy advisory firm reforms proposed on Nov. 5, 2019…more

Corporate Governance, Proxy Advisors, Proxy Advisory Firms, Proxy Voting, Securities and Exchange Commission (SEC)

See all updates »

[Event] BakerHostetler 26th Annual Legislative Seminar - June 10, Washington, D.C.

Please join us on Wednesday, June 10, 2015, for the 26th Annual Legislative Seminar in Washington, D.C., a one-day program focused on tax, budget, financial services, banking, healthcare, energy, and technology…more

Events, Federal Budget, Patent Reform, Tax Reform

See all updates »

Patent Portfolio Considerations During Times of Financial Uncertainty

In response to the economic effects of the COVID-19 pandemic, many companies are reevaluating their expenditures. Some may look to their intellectual property portfolios as a place to cut costs…more

Intellectual Property Protection, Patent Applications, Patent Fees, Patents, USPTO

See all updates »

What Do Early Investors Really Expect of an Emerging Technology Company?

Emerging technology companies – at their core – will usually have a great scientific or engineering breakthrough or improvement coupled with at least one stellar individual talent. The company will usually have credible proof of…more

Emerging Technology Companies, Inventions, Investment, Investors, Patents

See all updates »

Understanding and Complying with the Uyghur Forced Labor Protection Act

The Uyghur Forced Labor Protection Act (UFLPA) applies to all merchandise imported into the United States on or after June 22, 2022. The UFLPA establishes a rebuttable presumption that goods mined, produced, or manufactured…more

Bureau of Industry and Security (BIS), China, Compliance, Customs and Border Protection, Due Diligence

See all updates »

What's in It for Me: The Inflation Reduction Act's Clean Energy Tax Credits

Key Takeaways: ..Recently enacted direct pay and transfer provisions apply to certain clean energy tax credits. These provisions will have a significant impact on how taxpayers can monetize these tax credits and, in turn,…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Climate Change, Energy Projects

See all updates »

Fed Formalizes Main Street Lending Program

The Federal Reserve (the “Fed”) has announced further changes to its now $600 billion Main Street Lending Program. From the program’s initial construct, which seemed aimed at larger companies, minimum loan sizes have been…more

Borrowers, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

See all updates »

2016 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2016 Mid-Year Report From the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we…more

Bebo v SEC, Corporate Counsel, Dirks v SEC, Enforcement Actions, Exclusive Jurisdiction

See all updates »

2017 Class Action Review

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class…more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

See all updates »

Proposed Regulations Define Donor Advised Funds

Donor advised funds (DAFs) are wildly popular with donors because they reduce the costs and administrative burdens of charitable grants and investing, thereby increasing amounts available for charitable giving. Since 2009,…more

Charitable Organizations, Donor-Advised Funds (DAFs), Excise Tax, IRS, Proposed Regulation

See all updates »

Federal Reserve Proposes Rules Aimed at Banks Owning, Trading and Moving Commodities

On Sept. 23, 2016, the Federal Reserve issued proposed rules that could put pressure on investment banks, such as Morgan Stanley and Goldman Sachs, to divest certain energy assets and energy trading activities. Over the…more

Bank of America, Commodities, Deepwater Horizon, Federal Reserve, Gramm-Leach-Blilely Act

See all updates »

DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for…more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

FAQs: COVID-19 – General Labor and Employment Legal Concerns – April 13, 2020 Update

BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020, March 30, 2020 and April 6, 2020 regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs that…more

Coronavirus/COVID-19, Employee Benefits, Employer Responsibilities, Workplace Safety

See all updates »

Protecting Private Wealth: Recent Bankruptcy Cases Involving Tuition Payments and Profit Sharing Plans

Two recent decisions may affect the assets of individuals available to satisfy creditors' claims in bankruptcy. In the first decision, the Bankruptcy Court for the Eastern District of New York determined that married, joint…more

Consumer Bankruptcy, Individual Retirement Account (IRA)

See all updates »

New DOL Sub-Regulatory Guidance on Cybersecurity and the Use of Participant Data

The U.S. Department of Labor (DOL) Employee Benefits Security Administration has posted new guidance on its website regarding cybersecurity and the use of participant data, and ERISA plan administrators need to pay attention…more

Cybersecurity, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Plan Administrators

See all updates »

Texas Passes Bill Prohibiting Businesses From Requiring Vaccine Passports for Customers, But Not Employees

On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19…more

Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Governor Abbott, Vaccinations, Workplace Safety

See all updates »

Joint Agencies Issue Guidance on Prevalence of Cyberattacks Exploiting COVID-19 and Teleworking

On Friday, April 10, 2020, the Department of Homeland Security, the Cybersecurity and Infrastructure Agency and the United Kingdom’s National Cyber Security Centre (NCSC) (jointly, the Agencies) issued a joint statement…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Crimes, Cyber Threats, Phishing Scams

See all updates »

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking…more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

See all updates »

The SEC Speaks - Key Enforcement Priorities for 2024

On April 2 and 3, the U.S. Securities and Exchange Commission (SEC or Commission) presented its annual SEC Speaks program in conjunction with PLI, where senior members of the Commission provided updates on the current…more

Capital Markets, Cryptoassets, Cryptocurrency, Enforcement Actions, Enforcement Priorities

See all updates »

Fed Formalizes Main Street Lending Program

The Federal Reserve (the “Fed”) has announced further changes to its now $600 billion Main Street Lending Program. From the program’s initial construct, which seemed aimed at larger companies, minimum loan sizes have been…more

Borrowers, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

See all updates »

The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts

Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:…more

Contract Disputes, Contract Negotiations, Contract Terms, SaaS, Software

See all updates »

FDA Current Good Manufacturing Practice Inspections During the COVID-19 Pandemic

In an unprecedented time amid the global COVID-19 pandemic, an increasing number of pharmaceutical manufacturers and developers of active pharmaceutical ingredients are involved in the potentially life-saving development of…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Foreign Manufacturers, Inspections, Manufacturers

See all updates »

The Playbook: Now That California Has Passed AB 5, What Are the Options for Businesses Using Independent Contractors?

The Law - On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively. …more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

See all updates »

Federal Circuit Addresses Printed Publications Under 35 U.S.C. § 102 and the APA Notice Requirement in Inter Partes Reviews

In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Printed Publications

See all updates »

DOJ COVID-19 Fraud Enforcement Actions Highlight Risks for Healthcare Companies

On March 16, 2020, Attorney General William Barr directed all U.S. Attorney’s Offices to prioritize the detection, investigation, and prosecution of all criminal conduct related to the COVID-19 pandemic. The Department of…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, Fraud, Risk Management

See all updates »

OFAC Weighs in on Ransomware Payments but Stops Short of New Restrictions

Ransomware has hit pandemic proportions and there does not seem to be a clear end in sight. On October 1, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding ransom…more

Cybersecurity, Data Security, Financial Institutions, Office of Foreign Assets Control (OFAC), Ransomware

See all updates »

[Podcast] Open Source is Everywhere: A Primer for Compliance

Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to what…more

Copyright, Copyright Registration, Intellectual Property Protection, IP License, Notice Requirements

See all updates »

ISS Issues Policy Guidance in Response to COVID-19 Pandemic

ISS recently issued guidance on how it will apply its Benchmark and Specialty Proxy Voting during the 2020 annual meeting season in light of the COVID-19 pandemic…more

Coronavirus/COVID-19, Institutional Shareholder Services (ISS), New Guidance, Shareholder Meetings, Shareholders

See all updates »

Whistleblower Complaints Are Skyrocketing Due to COVID-19

On May 15, 2020, BakerHostetler published an alert warning that the COVID-19 crisis would undoubtedly lead to a new wave of whistleblower complaints. The alert explained that “[a]s the pandemic continues, … companies may seek to…more

Coronavirus/COVID-19, Corporate Counsel, OIG, OSHA, Whistleblowers

See all updates »

SBA Gives Notice That Companies With Substantial Market Value and Access to Capital Should Pay Back PPP Loans or Not Take Them in the First Place

On April 23, 2020, the Small Business Administration (SBA) issued clear guidance concerning the Paycheck Protection Program (PPP), mandating borrowers must need the money or else they should pay it back. The guidance is clearly…more

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

See all updates »

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation…more

Abstract Ideas, Alice/Mayo, CLS Bank v Alice Corp, Federal Rules of Civil Procedure, IBM

See all updates »

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

See all updates »

COVID-19 – Commercial Contracts: Risk Allocation in Times of Uncertainty

In addition to memorializing the economics and financial benefits gained by parties from a given contractual arrangement, commercial contracts commonly allocate known and unknown risks between business parties…more

Contract Amendments, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Liability

See all updates »

Proposed Regulations Define Donor Advised Funds

Donor advised funds (DAFs) are wildly popular with donors because they reduce the costs and administrative burdens of charitable grants and investing, thereby increasing amounts available for charitable giving. Since 2009,…more

Charitable Organizations, Donor-Advised Funds (DAFs), Excise Tax, IRS, Proposed Regulation

See all updates »

Fifth Circuit Questions the Use of Claim-splitting Tactic by Plaintiff; Orders District Court to Consider Whether Plaintiff’s Proposal Destroys Adequacy

On May 9, the Fifth Circuit Court of Appeals issued a decision in Slade v. Progressive Sec. Ins. Co, Case No. 15-300010, 2017 WL 1843737 (5th Cir. May 9, 2017), in which the court discussed how the practice of claim splitting…more

Appeals, Breach of Contract, Insurance Industry, Insurance Litigation

See all updates »

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes

Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”…more

Employment Contract, Hiring & Firing, Intellectual Property Protection, Low-Wage Workers, Non-Compete Agreements

See all updates »

Global Blockchain Developments in Enforcement, Payments, ICOs and Enterprise

Cryptocurrency Enforcement Actions Continue Across the Globe - On Friday, Sept. 27, the SEC and CFTC charged 1pool Ltd. aka 1Broker and its CEO with offenses related to its actions to solicit U.S. investors to purchase swaps and…more

Blockchain, Cryptocurrency, Digital Currency, Distributed Ledger Technology (DLT), Enforcement Actions

See all updates »

Healthcare Technology Regulatory Update - March 2024

Federal and state agencies continue to remain active this year, particularly with regard to laws that impact healthcare technology. As part of our ongoing efforts to track health technology-related legislation and regulations,…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Guidance Update

See all updates »

Creditors Beware: Do the Proof of Claim Right or You Are Out

Recent developments in the bankruptcy arena have placed a greater burden on claimants. Creditors are now required to make additional disclosures in their proof of claim forms, and courts are under no obligation to recognize…more

Commercial Bankruptcy, Creditors, Debtors, Proof of Claims

See all updates »

Hardly Ever? Permitting of Indirect Discharges Under the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund

The Supreme Court’s most recent voyage into Clean Water Act (CWA) jurisprudence came in County of Maui, Hawaii v. Hawaii Wildlife Fund, 590 U. S. ____ (2020) (Slip Op.), which concerned whether CWA permits are required in order…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

See all updates »

The Birth of Another Form of Paid Leave: Prenatal Leave for New York-Based Employees

Over the weekend, the New York State Legislature passed the state budget for fiscal year 2025. The budget contains expanded access to paid leave for pregnant employees, including up to 20 hours of leave per year for pregnant…more

Employee Benefits, Equal Employment Opportunity Commission (EEOC), Minimum Wage, New York, Paid Leave

See all updates »

U.S. Sanctions Under the Trump Administration – International Trade Implications

The Trump Administration has been active on the sanctions front as a means of asserting U.S. foreign policy and national security interests. Congress has also taken an increasingly active and direct role of late, beyond its…more

CAATSA, Economic Sanctions, Executive Orders, Export Administration Regulations (EAR), Joint Comprehensive Plan of Action (JCPOA)

See all updates »

The Latest on the Use of Retained Asset Accounts to Pay Life Insurance Benefits

In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained asset…more

Class Action, Corporate Counsel, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Insurance Industry

See all updates »

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v…more

Class Action, Class Certification, Class Representatives, Consumer Fraud, Predominance Requirement

See all updates »

SEC and CFTC Show No Signs of Slowing Down Enforcement Actions for Financial Firms’ Use of Off-Channel Communications

The settlements announced by the SEC and CFTC on Monday are a continuation of the regulators’ focus on off-channel communications by employees of registered entities…more

Books & Records, Bring Your Own Device (BYOD), Broker-Dealer, CFTC, Civil Monetary Penalty

See all updates »

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

Review of Select Biden Administration Actions Impacting Federal Contractors

During his first few days in office, President Biden signed numerous executive orders kick-starting the implementation of key features of his campaign platform. Federal contractors may feel overwhelmed by this flurry of…more

Biden Administration, Buy American Act, Climate Change, Compliance, Corporate Counsel

See all updates »

It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated. Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired. In…more

Cyber Attacks, Cybersecurity, DFARS, Educational Institutions, FERPA

See all updates »

Core Wireless: Moving Beyond Eligibility as the Exception to the Exception?

January was an exciting month for patent professionals still attempting to make sense of the fallout from the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision. Hot on the heels of its Jan. 10 decision in…more

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

See all updates »

Former Tuomey CEO Settles with DOJ for $1 Million

The U.S. Department of Justice (DOJ) recently reached a $1 million settlement with Ralph J. Cox III, the former CEO for Tuomey Health System, Inc. (Tuomey), in connection with his involvement in the notable Stark Law case. After…more

CEOs, Department of Justice (DOJ), Health Care Providers, Settlement, Settlement Agreements

See all updates »

Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable

Ground leases are fairly common but sometimes overlooked property interests. A succinct but adequate definition of a ground lease was articulated by Herbert Thorndike Tiffany (Tiffany on Real Property § 85.50 [3d ed.]) as…more

Ground Leases, Landlords, Leases, Rent, Tenants

See all updates »

Celebrating Black Voices at BakerHostetler: A Path with Purpose

In recognition of Black History Month, we are spotlighting three attorneys from within our various practice groups through our podcast series, Celebrating Black Voices at BakerHostetler. On today’s episode of Celebrating Black…more

Business Development, Firm Leadership, Law Firm Partners, Professional Development, Young Lawyers

See all updates »

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers…more

42 U.S.C. §1983, Data Breach, DMV, Governmental Liability, Motor Vehicles

See all updates »

New DOJ Policies Tie Employee Compensation to Compliance

On March 15, 2023, the U.S. Department of Justice (DOJ or the Department) launched a three-year Compensation Incentives and Clawbacks Pilot Program (Clawback Program) intended to incentivize companies to create more robust…more

Chief Compliance Officers, Clawbacks, Compliance, Corporate Crimes, Corporate Misconduct

See all updates »

HHS Publishes ‘Voluntary’ Healthcare Cybersecurity Performance Goals in Record Time but Leaves Questions Unanswered

As previously reported in this blog, on Dec. 6, 2023, the Department of Health and Human Services (HHS or the Department) released a “concept paper,” which laid out its vision of future action regarding healthcare cybersecurity…more

Compliance, Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS)

See all updates »

New Suit over “Reef-Friendly” Alba Botanica Sunscreen Illustrates the Pitfalls of Advertising a Company’s Environmental Friendliness

A new false advertising case against the maker of Alba Botanica sunscreen demonstrates the risks of marketing a company’s environmental credentials. In a recent article, “The Difficult Art of Advertising Carbon Reductions,”…more

Advertising, False Advertising, Marketing, Product Labels, Unfair Competition Law (UCL)

See all updates »

[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to increasing…more

Acquisitions, Business Valuations, Buyers, Continuing Legal Education, Mergers

See all updates »

Texas Trigger Law Takes Effect on Aug. 25

​​​​​​​On July 26, the United States Supreme Court issued its final judgment in Dobbs v. Jackson Women’s Health Organization. As a result, Texas’ trigger law, the Human Life Protection Act, takes effect on Aug. 25 - the 30th day…more

Abortion, Amicus Briefs, Department of Health and Human Services (HHS), Depositions, Dobbs v. Jackson Women’s Health Organization

See all updates »

COVID19 Update: Anti-Hoarding Enforcement

Government enforcement agencies are cracking down on COVID-19-related wrongdoing. One focus of alleged wrongdoing is the industrial hoarding of supplies deemed essential in the fight against COVID-19…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Goods or Services, Price Gouging, Public Health

See all updates »

Supreme Court to Determine whether State Courts Have Jurisdiction to Adjudicate Covered Class Actions under the Securities Act of 1933

On June 27, 2017, the Supreme Court granted certiorari in Cyan Inc. v. Beaver County Employees Retirement Fund,[1] to decide whether the Securities Litigation Reform Act of 1998 (SLUSA) bars plaintiffs from filing any covered…more

Certiorari, Class Action, Cyan Inc v Beaver Cty Emps Ret Fund, PSLRA, SCOTUS

See all updates »

A Mountain of Privacy Lawsuits Might Be Coming to Utah

Until recently, Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (UNISNPIA) had not been on the national privacy radar. However, a string of recent lawsuits has made clear it is a law of which companies should…more

Data Privacy, Data Protection, Data Security, Non-Public Information, Notice Requirements

See all updates »

Options to Help Oklahoma Alleviate Its Emerging Oilfield Water Crisis

The Oklahoma Corporation Commission has restricted injection well activity over a combined zone of nearly 10,000 square miles—approximately the size of Massachusetts (Exhibit 1). In Central Oklahoma, the OCC seeks to reduce…more

Contamination, Drinking Water, Energy Sector, Fracking, Oil & Gas

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Is This the Beginning of a Sentencing Revolution?

Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary impact…more

Antitrust Provisions, Criminal Convictions, Criminal Prosecution, Federal Sentencing Guidelines, Fraud

See all updates »

Federal Circuit Confirms the Value of Design Patents Covering Replacement Parts

On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents in Auto. Body Parts Ass’n v. Ford Global Techns., LLC. At issue were the validity…more

Auto Parts, Automotive Industry, Design Patent, Ford Motor, Patent Invalidity

See all updates »

Healthcare Industry Team 2023 Year in Review

As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and…more

Antitrust Litigation, Artificial Intelligence, Biotechnology, Cannabis Products, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections of…more

Anti-Retaliation Provisions, Attorney-Client Privilege, Dodd-Frank, Hiring & Firing, Securities and Exchange Commission (SEC)

See all updates »

Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by…more

Claim Construction, Incorporation by Reference, Patent Litigation, Patents

See all updates »

DfE Under Fire: Do Fragrances Pass the Sniff Test?

Logos are powerful in driving consumer preferences. My three-year-old loves the Starbucks logo because he knows it means cookies for him and a chai latte for mommy. The Energy Star logo often plays an important role in consumer…more

Chemicals, Department of Toxic Substances Control, Environmental Protection Agency (EPA)

See all updates »

Weekly Blockchain Blog - May 2024

Fintech and Crypto Firms Announce New Cryptocurrency Products - According to recent reports, a major U.S. fintech firm will begin letting its users accept payments in USDC…more

Artificial Intelligence, Bitcoin Mining, Blockchain, Criminal Prosecution, Crypto Exchanges

See all updates »

ISS Issues Policy Guidance in Response to COVID-19 Pandemic

ISS recently issued guidance on how it will apply its Benchmark and Specialty Proxy Voting during the 2020 annual meeting season in light of the COVID-19 pandemic…more

Coronavirus/COVID-19, Institutional Shareholder Services (ISS), New Guidance, Shareholder Meetings, Shareholders

See all updates »

New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review

Last week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to…more

Appeals, Apple, Class Action, Class Representatives, Corporate Counsel

See all updates »

BIS Issues Final Rule Setting Deadline for Completing Voluntary Self-Disclosures

The U.S. Bureau of Industry and Security (BIS) recently issued a final rule to revise the Export Administration Regulations (EAR) governing Voluntary Self-Disclosures (VSDs) by imposing a 180-day deadline for submission of the…more

Bureau of Industry and Security (BIS), Deadlines, Export Controls, Exports, Filing Requirements

See all updates »

SEC Approves Nasdaq Board Diversity Proposal

On Aug. 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved The Nasdaq Stock Market LLC’s (Nasdaq) proposal, as amended, to implement diversity requirements for companies listed on the Nasdaq exchanges. In a…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Nasdaq

See all updates »

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the…more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

See all updates »

SEC Proposes Rules on Disclosure of Material Cyber Incidents and Cybersecurity Practices for Public Companies

On March 9, 2022, the SEC released proposed rules intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and cyber incident reporting by companies that are subject to the…more

Comment Period, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Foreign Private Issuers

See all updates »

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an employer…more

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

See all updates »

Update on GLBA Safeguards Rule in Higher Education

On February 9, 2023, the Department of Education Office of Federal Student Aid (“FSA”) issued an electronic notice regarding the Federal Trade Commission’s Final Rule amending the Standards for Safeguarding Customer Information…more

Cybersecurity, Data Protection, Data Security, Department of Education, Federal Student Aid

See all updates »

[Event] The Future of Financial Services - October 6th, Columbus, OH

Developments in Policy and Regulations, Enforcement, Technology and Litigation - Financial services are constantly evolving as laws, regulations, technologies and policies change. BakerHostetler and the Ohio Bankers League…more

Consumer Financial Protection Bureau (CFPB), Continuing Legal Education, Events, Financial Services Industry, Regulatory Agenda

See all updates »

Could Careless Coders Face False Claims Liability?

New Software Development Security Attestation and Related False Claims Act Liability for Commercial and Noncommercial Software Developers and Suppliers - Key takeaway - Software producers at all levels in the federal…more

Certification Requirements, False Claims Act (FCA), Federal Contractors, NIST, OMB

See all updates »

[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to increasing…more

Acquisitions, Business Valuations, Buyers, Continuing Legal Education, Mergers

See all updates »

Healthcare Industry Team 2023 Year in Review

As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and…more

Antitrust Litigation, Artificial Intelligence, Biotechnology, Cannabis Products, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Eleventh Circuit Rejects Trump Administration's Opinion Letter And Effectively Reinstates 80/20 Rule For Non-Tipped Related Duties

The battle over whether – and for how long – tipped workers may lawfully spend time performing “non-tipped” tasks continues to rage. On Wednesday, the Eleventh Circuit Court of Appeals delivered a ruling rejecting the 2018…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Tip Credit, Tipped Employees

See all updates »

Coloradans Vote to Give All Employees in the State Paid Family and Medical Leave

On November 3, 2020, Colorado voters placed their ballots in favor of Proposition 118 – a first-of-its-kind ballot initiative. In passing the Paid Family and Medical Leave Insurance Act (FAMLI), Colorado joined just eight other…more

Colorado, Employee Benefits, Employer Responsibilities, Family and Medical Leave Act (FMLA), Medical Leave

See all updates »

Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection

In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the…more

Biden Administration, Inspections, Obama Administration, OSHA, Safety Inspections

See all updates »

FAQs: Section 139

Q: In addition to the CARES Act and other provisions of employee benefit plans described below, what other forms of hardship assistance are employers considering in order to support their employees who are facing health and…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Qualified Disaster Relief Payments, Relief Measures

See all updates »

[Webinar] Defend Trade Secrets Act and Ex Parte Seizures: Strategic Considerations - July 20th, 1:00p.m. ET

The Defend Trade Secrets Act recently passed in Congress is designed to expand the toolbox for trade secret protection, and it necessitates changes to agreements and policies with contractors, consultants and employees…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Employment Policies, Inevitable Disclosure Doctrine, Trade Secrets

See all updates »

The Donor Advised Fund Alternative to a Family Foundation

There are several gifting vehicles that provide donors and their families with the opportunity to participate in their philanthropy on an ongoing basis. Frequently, families will consider creating and funding a private family…more

Charitable Deductions, Charitable Donations, Donor-Advised Funds (DAFs), Internal Revenue Code (IRC)

See all updates »

Deconstructing DOMA: The DOL Takes Its First Step Down The Path Toward Extended Rights for Same-Sex Spouses

The United States Department of Labor (DOL) just took the first of "many steps" it plans to take over the coming months to implement the United States Supreme Court's decision in United States v. Windsor, striking down Section 3…more

Department of Labor (DOL), DOMA, Employee Benefits, Employee Rights, Marriage

See all updates »

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Protection From Additional Liabilities - Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims…more

Copyright, Copyright Infringement, DMCA, Intellectual Property Protection, Internet Service Providers (ISPs)

See all updates »

Does FTC Vacancy Affect Ability to Resolve Issues?

Many have been asking in the last few days what the effect will be of Commissioner Julie Brill’s announced resignation from the Federal Trade Commission (“FTC”). Will it change things as the Supreme Court seems to be changing…more

Federal Trade Commission (FTC), FTC Act, Resignation

See all updates »

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking…more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

See all updates »

The Biden Administration to Establish a New Relationship with Mexico Where Clean Energy Sector May Play a Key Role

Introduction - On April 29, 2020, Mexico’s electricity grid operator (CENACE) indefinitely suspended testing and grid connections for renewable energy plants. Citing COVID-19-related concerns relative to the “intermittent nature…more

Biden Administration, Clean Energy, Energy Market, Energy Sector, Investors

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Recovering Attorney's Fees for Breach of Contract Under Texas Law Recent Cases Say No!

In the energy sector, many contracts contain Texas choice of law provisions, or are performed in Texas, which means that Texas law probably applies. The conventional wisdom in Texas is that a prevailing party can recover its…more

American Rule, Attorney's Fees, Breach of Contract, Prevailing Party

See all updates »

Sixth Circuit Upholds Class Certification of FDCPA Claims Despite Spokeo Challenge

Last month, the Sixth Circuit in Macy et al v. GC Services Ltd Partnership unanimously upheld certification of a class under the Fair Debt Collection Practices Act (FDCPA), despite arguments that the named plaintiffs failed to…more

Article III, Class Action, Class Certification, FDCPA, Injury-in-Fact

See all updates »

New York Court Upholds Local Hydraulic Fracturing and Oil and Gas Development Bans

Last Friday, a four judge panel of a New York appeals court upheld two local zoning laws that prohibit activities related to oil and gas exploration and development, including hydraulic fracturing. The decisions in Norse Energy…more

Energy Exploration, Fracking, Local Ordinance, Oil & Gas

See all updates »

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its…more

Class Action, Contract Drafting, Contract of Adhesion, Forum, Google

See all updates »

The ABI Commission on Business Bankruptcy Reform: Paying "Critical Vendors" - Will Congress Finally Act?

This is the second in a series of Alerts regarding the proposals made by the American Bankruptcy Institute’s Select Commission to Reform Chapter 11 Business Bankruptcies. It covers the Commission’s recommendations about the…more

American Bankruptcy Institute, Bankruptcy Code, Bankruptcy Reform, Commercial Bankruptcy, Creditors

See all updates »

Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation

Texas is one of the many states that looked to be following in the footsteps of California’s enactment of a broad consumer privacy law (the California Consumer Privacy Act), which has far-ranging implications for businesses and…more

Cybersecurity, Data Breach, Data Protection, Data Security, Notification Requirements

See all updates »

California AG Focuses CCPA Enforcement on Loyalty Programs

On Jan. 28, 2022, the California Attorney General Rob Bonta (AG) published a statement putting businesses that operate loyalty programs on notice that the California Consumer Privacy Act (CCPA) requirements for a Notice of…more

California Consumer Privacy Act (CCPA), Customer-Loyalty Programs, Enforcement Priorities, Notice Requirements, Public Statements

See all updates »

Supreme Court Rules in Favor of Taxpayer in FBAR Case Penalty for Non-Willful Violations Apply on a Per-Report Basis

On Feb. 28, the U.S. Supreme Court ruled that non-willful penalties related to FBARs apply to each report filed, not on a per-account basis. The 5-4 decision resolved a split between the Fifth and Ninth circuits that focused on…more

Bank Secrecy Act, FBAR, Foreign Bank Accounts, IRS, Penalties

See all updates »

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance…more

Confidentiality Agreements, Contract Terms, Corporate Counsel, NLRA, NLRB

See all updates »

Securities and Governance Update – June 2017

As part of BakerHostetler’s commitment to serve as a strategic business partner, we are pleased to publish this resource, which is designed to keep executives, corporate counsel and governance professionals apprised of…more

Accredited Investors, Capital Markets, Disclosure Requirements, Dodd-Frank, Executive Compensation

See all updates »

Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy

In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection…more

Asset Freeze, Bahamas, Commercial Bankruptcy, Crypto Exchanges, Cryptocurrency

See all updates »

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case as…more

Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Power Plants

See all updates »

The California Pay Data Reporting Deadline (March 31) Is Right Around the Corner

As a reminder, private employers that have 100 or more employees and are required to file an annual EEO-1 under federal law are required to submit payroll data to the Department of Fair Employment & Housing (DFEH). The pay data…more

DFEH, EEO-1, Employer Responsibilities, Pay Data, Reporting Requirements

See all updates »

2016 Class Action Year-End Review

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the…more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

See all updates »

eDiscovery and Technology

Should All States Require Continuing Technology Education (CTE)? As Electronically Stored Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving technology…more

Discovery, Electronically Stored Information, Technology-Assisted Review

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

DOJ Criminal Division Head Kenneth Polite Cautions Compliance Crackdown

Key Takeaways - Corporate enforcement and individual accountability are high priorities for new DOJ Criminal Division head Kenneth Polite. Companies should be proactive in implementing, monitoring, and improving their compliance…more

Compliance, Corporate Misconduct, Cryptocurrency, Cyber Crimes, Department of Justice (DOJ)

See all updates »

Healthcare Technology Regulatory Update - March 2024

Federal and state agencies continue to remain active this year, particularly with regard to laws that impact healthcare technology. As part of our ongoing efforts to track health technology-related legislation and regulations,…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Guidance Update

See all updates »

Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory…more

Adverse Employment Action, Anti-Retaliation Provisions, Employer Liability Issues, Employment Discrimination, Murray v UBS Securities LLC

See all updates »

Director of PTO Requests Chevron Deference for Precedential Opinion Panel

The Federal Circuit recently asked the government to submit an amicus brief to address “what, if any, deference should be afforded to decisions of a Patent Trial and Appeal Board Precedential Opinion Panel (‘POP’), and…more

America Invents Act, Chevron Deference, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

See all updates »

A New Year, and a New Law You May Have Missed: Texas Employers No Longer Can Require COVID-19 Vaccinations

On Nov. 10, 2023, Gov. Greg Abbott signed into law Senate Bill 7, which amends the Health and Safety Code to prohibit a private employer from taking any “adverse action” against an employee, contractor or applicant because of…more

Adverse Employment Action, Amended Legislation, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

See all updates »

H-1B Visa Lottery Update for 2021

For employers planning to sponsor candidates in this year’s H-1B visa lottery, U.S. Citizenship and Immigration Services (USCIS) has announced it is retaining the same electronic registration process for the H-1B visa cap…more

H-1B, Lottery, USCIS, Visa Caps, Visas

See all updates »

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four

Welcome to the fourth installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the…more

Adtech, Advertising, Cookies, Data Collection, Data Privacy

See all updates »

Bitcoin and the Like: Further Tax Developments to Monitor

Virtual currency developments continue to emerge, including state tax guidance, a court decision on deductibility of losses, and the Uniform Fiduciary Access to Digital Assets Act (the “Act”). State Tax Guidance - The New Jersey…more

Capital Losses, Fiduciary Duty, State Taxes, Virtual Currency

See all updates »

[Webinar] Extraordinary Remedies in Cross-Border Disputes - June 29th, 10:00 am ET

Please join us on June 29, 2022, for a panel discussion on extraordinary remedies in cross-border disputes. International arbitration practitioners from the United States, Mexico, the United Kingdom, Portugal, Colombia and…more

Arbitration, Arbitrators, Continuing Legal Education, Cross-Border, Dispute Resolution

See all updates »

Artificial Intelligence Competitiveness, Inclusion, and Innovation – the U.S. Chamber of Commerce Commission Considers AI Regulation, Competitiveness, and the Future of AI

On March 9, 2023, the U.S. Chamber of Commerce released both an Executive Summary and Full Report detailing the work done by the Chamber’s Commission on Artificial Intelligence Competitiveness, Inclusion, and Innovation (“AI…more

Artificial Intelligence, Chamber of Commerce, Competition, Ethics, Information Reports

See all updates »

Part 2 of BakerHostetler’s Countdown to CPRA - Top 5 FAQs to Evaluate Compliance Strategy for Employees

In Part 1 of BakerHostetler’s Countdown to CPRA blog series, we provided initial guidance to businesses on key California Privacy Rights Act (CPRA) compliance readiness considerations. On January 1, 2023, California could become…more

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

See all updates »

Pennsylvania Governor Proposes Severance Tax

Pennsylvania Governor Tom Wolf has proposed a new state severance tax on natural gas drilling. The measure, which the governor introduced as a means to fund the state’s education system, would impose a 5 percent tax on the value…more

Natural Gas, Oil & Gas, Proposed Legislation, Severance Tax, Well Drilling

See all updates »

SEC Proposes Rules for Climate-Related Disclosures and Extends Deadline for Public Comments

Key Takeaways - ..The SEC proposed amendments to require registrants to provide certain climate-related information in registration statements and periodic reports. ..The proposed rules would require a company to…more

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

See all updates »

Oil and Gas: Managing Personnel Reductions and Asset Sales Under Increasing Government Audit and Enforcement Scrutiny

As oil enters the ninth month of sub-$50 per barrel prices – and natural gas languishes below $3 per MMBtu – the oil and gas industry confronts a challenging time of transition. Layoffs have already happened (or are imminently…more

Audits, Energy Sector, Natural Gas, Oil & Gas, Recordkeeping Requirements

See all updates »

Louisiana Secures Class VI Primacy for Carbon Storage Drilling, and Wyoming Issues Its First Class VI Permits

The Environmental Protection Agency (EPA) has formally granted Louisiana primacy to permit, site and provide oversight of carbon storage wells across the state. Permits for such wells and operations, commonly referred to as…more

Carbon Capture and Sequestration, Energy Projects, Energy Storage, Environmental Protection Agency (EPA), Permits

See all updates »

Privacy Litigation in the Age of Coronavirus

Now that new cases of COVID-19 appear to be waning in the United States, those of us stuck in our homes are asking the same question: How long before things get back to normal? The answer from epidemiologists appears to be no…more

Contact Tracing, Coronavirus/COVID-19, Data Collection, Data Privacy, Privacy Laws

See all updates »

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue..…more

Bid Protests, Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

POP Addresses IPR Printed Publication Standard

The Precedential Opinion Panel (POP) of the Patent Trials and Appeals Board (PTAB) recently answered the question, “What is required for a petitioner to establish that an asserted reference qualifies as a ‘printed publication’…more

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

See all updates »

Insurance Class Action Quarterly Report - 2023 Q4

The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years, undervaluation…more

Class Action, Class Certification, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

2013 Mid-Year Securities Litigation and Enforcement Highlights

Table of Contents - I. Supreme Court Case Review (October 2012 Term) II. Rule 10b-5 Cases III. Investment Adviser and Hedge Fund Cases IV. Settlements V. Commodities and Futures Litigation and…more

Amgen Inc. v Connecticut Retirement Plans, Comcast, Commodities, Enforcement Actions, Gabelli v SEC

See all updates »

California Privacy Protection Agency Turns its Attention to Connected Vehicles

On July 31, 2023, the California Privacy Protection Agency’s (“CPPA” or the “Agency”) Enforcement Division announced a review into the data privacy practices of connected vehicle (“CV”) manufacturers and related CV technologies…more

California Privacy Protection Agency (CPPA), Connected Cars, Data Privacy, Enforcement Priorities, Motor Vehicles

See all updates »

EEOC’s Battle Against Employee Releases Heats Up

In February, we commented on the EEOC v. CVS Pharmacy, Inc. case, where the EEOC filed a “pattern or practice” lawsuit against CVS in Illinois federal court, claiming that CVS’ employee releases discourage the filing of EEOC…more

CVS, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pattern or Practice, Release Agreements

See all updates »

Live Update #2 - ABA Antitrust Spring Meeting, Washington, D.C.

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C…more

Alston v NCAA, Antitrust Violations, College Athletes, Criminal Antitrust Litigation, Department of Justice (DOJ)

See all updates »

Federal Circuit Provides Guidance on Use of Common Sense in Obviousness Analysis

Last week, in Arendi S.A.R.L. v. Apple, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of invalidity in an inter partes review that relied on “common sense” to supply a claim limitation that was not…more

Corporate Counsel, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Virginia Becomes the Second State with a Comprehensive Privacy Law

Governor Ralph Northam has signed the Consumer Data Protection Act (CDPA), making Virginia the second state with a comprehensive privacy law. The CDPA is inspired by both the California Consumer Privacy Act (CCPA) and General…more

CDPA, Consumer Privacy Rights, Data Privacy, Governor Northam, Opt-Outs

See all updates »

Diminished Value Claims Under Homeowners Coverage Certified in Georgia Class Action

The court in Thompson v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 30308 (D. Ga. 2016), recently issued a mixed ruling on class certification regarding diminished value claims for Georgia homeowners. The plaintiffs…more

Breach of Contract, Class Action, Class Certification, Denial of Insurance Coverage, Diminution in Value

See all updates »

New Retirement Requirements for California Employers

Starting Jan. 1, 2017, the California Secure Choice Retirement Savings Program (Senate Bill 1234) will begin the development and build-out of a program to require employers who do not already offer a tax-qualified retirement…more

401k, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Individual Retirement Account (IRA)

See all updates »

Inflation Reduction Act Expected to Become Law

Key Takeaways: ..The Senate voted 51-50 on August 7 to pass the Inflation Reduction Act. ..The legislation is expected to pass the House this week without changes and to be signed by President Biden. ..The…more

Climate Change, Corporate Taxes, Drug Pricing, Energy Projects, Federal Funding

See all updates »

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024…more

Coronavirus/COVID-19, Due Process, Fourteenth Amendment, General Assembly, Home Rule States

See all updates »

False Advertising – Class Action Defense

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to…more

Advertising, CAFA, Class Action, False Advertising, Federal Trade Commission (FTC)

See all updates »

CMS Digging In on Medicaid DSH Payments

During the summer months, several developments have occurred concerning the Medicaid Disproportionate Share Hospital (DSH) policy that the Centers for Medicare & Medicaid Services (CMS) has implemented, to the detriment of a…more

Centers for Medicare & Medicaid Services (CMS), DSH, Hospitals, Medicaid

See all updates »

U.S. Treasury Dept. Publishes Risk Assessment Addressing Illicit Finance Risks of DeFi

Background and Scope - The Assessment was drafted by Treasury’s Office of Terrorist Financing and Financial Crimes (“TFFC”), in consultation with multiple U.S. agencies, including the Departments of Homeland Security,…more

AML/CFT, Blockchain, CFTC, Compliance, Cryptocurrency

See all updates »

AD Nauseam: The Best Podcast (Fact or Puffery?)

On today’s episode of AD Nauseam, Amy and Daniel talk about the age-old issue of when is an advertising claim puffery? Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com…more

Advertising, False Advertising, Marketing, Marketing Perspectives, Misleading Statements

See all updates »

Keeping Mental Health Top of Mind Beyond May While Ensuring ADA Compliance

Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Interactive Process

See all updates »

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the…more

Brand, Domain Names, gTLD, ICANN, Internet

See all updates »

Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Requirements

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the…more

EU, European Patent Convention, European Patent Office, Foreign Patent Applications, Intellectual Property Protection

See all updates »

Are You Ready for It? NYDFS Annual Cybersecurity Certification Deadline April 15

The New York State Department of Financial Services (NYDFS) amended its cybersecurity regulation, 23 NYCRR 500 (or Part 500), effective Nov. 1, 2023, which we wrote about here. Covered entities must still certify compliance with…more

CEOs, Certification Requirements, Chief Information Security Officer (CISO), Compliance, Compliance Dates

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing Patient Information

On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The final…more

Administrative Procedure, Business Associates, CARES Act, Compliance, Consent

See all updates »

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to Pay Union Dues or Fees

In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for…more

Collective Bargaining, First Amendment, Harris v Quinn, Healthcare, Medicaid

See all updates »

The Developing CFIUS Framework and Recent Presidential Order Prohibiting the Aixtron Transaction

Among the various challenges facing stakeholders in cross-border M&A deals is a potential national security review of the transaction by the Committee on Foreign Investment in the United States (CFIUS) and the possibility of…more

Acquisitions, CFIUS, China, Foreign Investment, Trump Administration

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

Colorado Supreme Court Grants Petition to Consider Use of Lone Pine Orders in Toxic Tort Case Involving Hydraulic Fracturing

On Monday, the Colorado Supreme Court granted a Petition for Writ of Certiorari in Antero Resources, et al. v. Strudley, et al. The Strudley case involves claims relating to alleged injuries from natural gas drilling operations…more

Chemicals, Discharge of Pollutants, Fracking, Toxic Exposure

See all updates »

An Introduction to Washington’s My Health My Data Act

On April 17, the Washington legislature passed the My Health My Data Act (MHMD Act), which includes some of the most restrictive provisions in any U.S. state privacy law…more

Data Privacy, Data Protection, Data Selling, Data Subjects Rights, Data-Sharing

See all updates »

Global Tax Enforcement in 2016: What You Need to Know

The investigation and prosecution of tax evasion has, in the past decade, grown from a specialized subcategory of law enforcement into a first-tier policy concern for the international community. Financial institutions, bankers,…more

Department of Justice (DOJ), Enforcement Actions, FATCA, Financial Adviser, Financial Institutions

See all updates »

Prop. 19 Tax Changes: Countdown Starts Now

California voters have passed Proposition 19, which will bring about significant changes in the current law regarding property tax value reassessments. This means time is of the essence for certain property owners to act if they…more

Property Owners, Property Tax, Proposition 13, Tax Planning, Wealth Management

See all updates »

Bankruptcy Courts Contemplate Debtors' Rejection of Real Property Covenants in Midstream Contracts

ver the past four years, midstream firms have struggled to adapt their long-standing practices and adjust their long-held expectations, which were fundamentally disrupted by the outcome of the landmark bankruptcy case, In re…more

Bankruptcy Court, Distressed Assets, Exploration and Production Assets, Midstream Contracts, Oil & Gas

See all updates »

If it’s broke, just fix it...: Curing Alleged CCPA Violations

Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Breach, Data Security

See all updates »

Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to…more

Audits, Centers for Medicare & Medicaid Services (CMS), CID, Coronavirus/COVID-19, Criminal Investigations

See all updates »

[Event] The Future of Financial Services - October 6th, Columbus, OH

Developments in Policy and Regulations, Enforcement, Technology and Litigation - Financial services are constantly evolving as laws, regulations, technologies and policies change. BakerHostetler and the Ohio Bankers League…more

Consumer Financial Protection Bureau (CFPB), Continuing Legal Education, Events, Financial Services Industry, Regulatory Agenda

See all updates »

No More Tears: A Few Recommended Steps in Response to WannaCry Ransomware

On May 12, 2017, thousands of companies across the globe saw the first signs of a prolific malware outbreak. The malware, a ransomware variant labeled WannaCry, is capable of encrypting files on a device and moving laterally to…more

Cyber Attacks, Cybersecurity, Data Protection, Malware, Ransomware

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating…more

CA Supreme Court, Corporate Counsel, Employer Liability Issues, Employment Litigation, Employment Policies

See all updates »

Consumer Debt Collectors Join the Federally Supervised Community

For the consumer debt collection industry, the federal regulators have arrived. In February 2013, the Consumer Financial Protection Bureau (CFPB) began supervising roughly 175 large consumer debt collectors, defined as those…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank, Electronically Stored Information, Enforcement

See all updates »

PTAB Denies Institution Despite Petitioner Demonstrating Reasonable Likelihood of Prevailing With Respect to at Least One Claim

In SAS Institute v. Iancu, 138 S. Ct. 1348, 1351 (2018), the Supreme Court held that when the Patent Trial and Appeal Board (the Board) institutes an inter partes review, it must decide the patentability of all the claims the…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, SAS Institute Inc. v Iancu

See all updates »

Virginia Becomes the Second State with a Comprehensive Privacy Law

Governor Ralph Northam has signed the Consumer Data Protection Act (CDPA), making Virginia the second state with a comprehensive privacy law. The CDPA is inspired by both the California Consumer Privacy Act (CCPA) and General…more

CDPA, Consumer Privacy Rights, Data Privacy, Governor Northam, Opt-Outs

See all updates »

2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for…more

Blockchain, CFTC, Corruption, Cross-Border, Cryptocurrency

See all updates »

Judge Scheindlin Approves Class Certification in Barclays High-Frequency Trading Securities Fraud Action

U.S. District Judge Shira Scheindlin of the Southern District of New York recently certified a class in Strougo v. Barclays PLC, 14 Civ. 5797 (SAS), (S.D.N.Y. Feb. 2, 2016), a high-profile securities class action based on the…more

Barclays, Class Action, Class Certification, Fraud-on-the-Market, High Frequency Trading

See all updates »

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar…more

Dispute Resolution, Exports, Foreign Investment, GATT, Imports

See all updates »

For a Few Facts More

After TC Heartland tightened up patent venue, Judge Albright’s local patent rules drew plaintiffs wanting a quick courtroom shootout. According to Lex Machina and IP Law360, Judge Albright, by himself, picked up 793 patent…more

Improper Venue, Patent Infringement, Patent Litigation, Patents, Texas

See all updates »

A Mountain of Privacy Lawsuits Might Be Coming to Utah

Until recently, Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (UNISNPIA) had not been on the national privacy radar. However, a string of recent lawsuits has made clear it is a law of which companies should…more

Data Privacy, Data Protection, Data Security, Non-Public Information, Notice Requirements

See all updates »

Privacy Shield to Open for Business August 1

After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU to…more

Data Protection Authority, EU, EU-US Privacy Shield, European Commission, Federal Trade Commission (FTC)

See all updates »

The Birth of Another Form of Paid Leave: Prenatal Leave for New York-Based Employees

Over the weekend, the New York State Legislature passed the state budget for fiscal year 2025. The budget contains expanded access to paid leave for pregnant employees, including up to 20 hours of leave per year for pregnant…more

Employee Benefits, Equal Employment Opportunity Commission (EEOC), Minimum Wage, New York, Paid Leave

See all updates »

Rogers Test Not Applicable When Mark Is Used as a Trademark

Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy - The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First…more

Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

See all updates »

Foreign Corrupt Practices Act 2015 Update

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the…more

Aerospace, Africa, Angola, Anti-Bribery, Anti-Corruption

See all updates »

Inflation Reduction Act Expected to Become Law

Key Takeaways: ..The Senate voted 51-50 on August 7 to pass the Inflation Reduction Act. ..The legislation is expected to pass the House this week without changes and to be signed by President Biden. ..The…more

Climate Change, Corporate Taxes, Drug Pricing, Energy Projects, Federal Funding

See all updates »

Lipstick on a Pig: OCR’s Cosmetic Revisions to Guidance on Tracking Technology in Healthcare Fail to Address Fundamental Issues

When the U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR) issued its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” on Dec. 1, 2022 Original…more

American Hospital Association, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

California’s Junk Fee Law and Restaurants

California’s new junk fee law is set to come into effect July 1. As a refresher, the law prohibits “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges.” There…more

Banking Sector, Consumer Protection Laws, Fees, New Legislation, Restaurant Industry

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The Ninth Circuit Bows to Supreme Court Authority Affirms Three Principles Supporting Removal of CAFA Removal Cases

The Class Action Fairness Act of 2005 (“CAFA”) grants federal courts jurisdiction to preside over certain class action cases where, based on the claims alleged, the amount in controversy is more than $5 million, among other…more

CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Jurisdiction, Rest and Meal Break

See all updates »

Fingerprint Scanning for Timekeeping: A Perfect Match for Your Workplace or a Biometric Passport to Litigation?

A recent surge of class action lawsuits is challenging employers’ use of fingerprint timekeeping systems. In the past two months, at least 32 class action lawsuits have been filed in Illinois alleging noncompliance with the…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

See all updates »

New Blockchain Products, an FBI Raid, the $11 Billion Bitcoin Case, Hackers Strike With a 51 Percent Attack and Crypto Tax Analysis

New Cryptocurrency Financial Products and Platforms Announced - Last week, SEFToken Inc. launched a new tokenized instrument. The new token, known as a “covered warrant,” will be issued through the Securitize platform on the…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Hackers

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and…more

Class Action, Consumer Product Companies, Hazardous Substances, OEHHA, PFAS

See all updates »

Practical Impacts of the ‘Cemex’ Decision

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union…more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

See all updates »

Seventh Circuit Allows Class Certification Despite Attorney Misconduct

Do you ever wonder how plaintiffs’ class action lawyers find their class representatives? And whether there is any possibility of defeating class certification if their efforts are sleazy or downright unethical?…more

Attorney Misconduct, Class Action, Class Certification, Class Representatives

See all updates »

New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR

In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose…more

Cybersecurity, Data Breach, Data Controller, Data Management, Data Protection

See all updates »

Supreme Court Resolves Circuit Split Over Application of Section 546(e) to Transactions Involving Conduits

The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S.Ct. 883 (2018), held that transfers made by or to entities that are not “financial institutions” or other covered entities fall…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Merit Management Group v FTI Consulting

See all updates »

A Former Shareholder Cannot Demand Books and Records Under DGCL§ 220

Can a former shareholder whose stock was cancelled in a merger bring suit for corporate books and records under Delaware law? In a recent decision, the Court of Chancery gave a clear answer to this question of first impression…more

Books & Records, Delaware General Corporation Law, Mergers, Section 220 Request, Shareholders

See all updates »

Answering Intellectual Property Questions From IP-Inexperienced Businesspersons

I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property (IP) answers they might find helpful during their workdays, no matter how basic…more

Inventors, Non-Disclosure Agreement, Patent Applications, Patent Infringement, Patents

See all updates »

I-9 Remote Document Verification and Ending of COVID-19 I-9 Flexibilities

The Department of Homeland Security (DHS) recently announced important changes to the I-9 process, including the addition of a remote verification option of I-9 documents and an updated Form I-9. Beginning on March 20,…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Foreign Workers

See all updates »

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict…more

Failing Firm Defense, Federal Trade Commission (FTC), Liquidation, Mergers

See all updates »

The SEC Secures Major Trial Victory in Its First ‘Shadow Trading’ Insider Trading Enforcement Action – Securities and Exchange Commission v. Panuwat

On Friday, April 5, a California federal jury found a former Medivation executive liable for insider trading under the novel liability theory of “shadow trading,” following an eight-day trial and less than three hours of…more

Confidential Information, Corporate Officers, Enforcement Actions, Insider Trading, Jury Trial

See all updates »

Treasury Revisits Past Rulemaking to Bring Investment Advisers Under AML Oversight

In connection with the Biden Administration’s ongoing crackdown on corruption, tax havens, and illicit financing, on December 11, Treasury released a Fact Sheet on its “efforts to address the illicit finance and national…more

Anti-Corruption, Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Financial Institutions

See all updates »

[Webinar] Federal Trade Commission - Antitrust Investigations - What You Should Know - October 16th, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations. Topics: • The…more

Antitrust Investigations, Antitrust Litigation, Best Practices, Competition, Continuing Legal Education

See all updates »

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in a Series

On May 16, 2016, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful…more

Article III, Background Checks, Class Action, Injury-in-Fact, SCOTUS

See all updates »

Next Generation Legacy Management - The Essence of Developing, Managing and Implementing a Plan for Future Generations

BakerHostetler has introduced a revolutionary breakthrough in the age-old art of estate planning. FinClar (short for financial clarity) is a proprietary digital experience offering transformative legacy management to highly…more

Estate Planning, FinTech, Innovative Technology, Succession Planning, Trusts

See all updates »

Resistance Is Futile: CMS Gets Serious About Antibiotic-Resistant Bacteria

Antibiotics and similar drugs, known more broadly as antimicrobial agents, are an instrumental weapon in the healthcare armory, rendering once-lethal infections treatable, and dramatically reducing instances of sepsis and…more

Antibiotic Resistance, Antibiotics, Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Health Care Providers

See all updates »

Pennsylvania Public Utilities Commission Appeals Act 13 Ruling to State Supreme Court

The Pennsylvania Public Utilities Commission (PPUC) is asking the state Supreme Court to review a July ruling by the Pennsylvania Commonwealth Court that strips PPUC of its authority to review and approve local drilling…more

Appeals, Local Ordinance, Public Utilities Commission, Utilities Sector, Well Drilling

See all updates »

Healthcare Industry Team 2023 Year in Review

As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and…more

Antitrust Litigation, Artificial Intelligence, Biotechnology, Cannabis Products, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Department of Commerce and OFAC Continue Imposing Hefty Sanctions on Russia, While Russia Retaliates with Own Sanctions

On August 6, the U.S. Department of Commerce (the “Commerce Department”) issued new regulations, implementing additional sanctions against Russia and introducing new restrictions on exports for its energy sector. These new…more

Foreign Policy, Office of Foreign Assets Control (OFAC), Russia, Sanctions, U.S. Commerce Department

See all updates »

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking of Property that Entitles a Commercial Tenant to Relief?

As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Fifth Amendment, Fourteenth Amendment

See all updates »

Hurricane Harvey Special Alert

Hurricane Harvey has left our Houston and Texas communities with significant recovery and restoration needs. As attorneys, we struggle with how we can be most helpful. It is in this spirit, that we have compiled this Special…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Fannie Mae, Federal Housing Administration (FHA), Hurricane Harvey

See all updates »

Important Changes in USPTO Trademark Practices to Take Effect on Dec. 3, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to…more

Corporate Counsel, Filing Deadlines, Lanham Act, Office Actions, Trademark Registration

See all updates »

Current Patent Litigation Trends

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011…more

Corporate Counsel, Patent Litigation, Patents

See all updates »

[Webinar] What TC Heartland Means for Your Business: Practical Strategies For The Next Era Of Patent Litigation - June 29th, 12:00pm ET

This timely webinar will provide insight for business leaders and legal counsel on the implications of the recent U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which has reshaped procedural…more

Continuing Legal Education, Forum Selection, Life Sciences, Multinationals, Patent Infringement

See all updates »

COVID-19, Force Majeure and Other Defenses to Contractual Performance

Along with its significant and tragic human impact, the COVID-19 pandemic has disrupted and will continue to disrupt global, national and local commerce…more

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

See all updates »

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and…more

Corporate Counsel, Discrimination, Employer Mandates, Gender Discrimination, Harassment

See all updates »

[Webinar] Defend Trade Secrets Act and Ex Parte Seizures: Strategic Considerations - July 20th, 1:00p.m. ET

The Defend Trade Secrets Act recently passed in Congress is designed to expand the toolbox for trade secret protection, and it necessitates changes to agreements and policies with contractors, consultants and employees…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Employment Policies, Inevitable Disclosure Doctrine, Trade Secrets

See all updates »

Sixth Circuit Differentiates Trade Secrets and Confidential Information Under Texas Law

Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected confidential…more

Confidential Information, Diversity Jurisdiction, Misappropriation, Trade Secrets, Uniform Trade Secrets Acts

See all updates »

Supreme Court Limits Criminal Fraud to Deprivation of 'Traditional Property Interests'

As discussed in our alert following the oral argument in this case, in Ciminelli v. United States, a construction company executive named Louis Ciminelli appealed his wire fraud conviction in connection with bid rigging during…more

Criminal Convictions, Criminal Prosecution, Fraud, Nonprofits, Public Corruption

See all updates »

California AG Becerra Tweets Endorsement for a Universal Opt-Out Tool

On Jan. 28, California Attorney General Becerra tweeted his support for a newly developed privacy tool that may function as a means for universal opt out. “#CCPA requires businesses to treat a user-enabled global privacy control…more

Advertising, California Consumer Privacy Act (CCPA), Opt-Outs, Web Browsers

See all updates »

Proposed IPPS Rule Changes

The Centers for Medicare & Medicaid Services (CMS) recently released its proposed rules for the Hospital Inpatient Prospective Payment System (IPPS) for fiscal year (FY) 2019. As discussed below, the proposed rule focuses on…more

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

See all updates »

SEC Finds Investment Adviser CEO Liable for Failing to Supervise High-Risk Representative

On Nov. 3, 2022, the SEC announced a consent order against a registered investment adviser (RIA) and its chief executive officer (CEO) for failing to reasonably supervise one of the RIA’s investment adviser representatives…more

Compliance, Consent Order, Enforcement Actions, Investment Adviser, Negligent Supervision

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

Don’t Miss the Window for Post-Grant Review: Monitor Your Competitors by Creating Alert Systems

The U.S. Patent and Trademark Office has new and popular procedures for challenging the validity of (in other words, killing) a competitor’s patent. The most powerful procedure, a Post-Grant Review (PGR), must be filed within…more

Corporate Counsel, Deadlines, Patents, Post-Grant Review

See all updates »

CMS Announces COVID-19 Exceptions and Extensions for Medicare Quality Reporting Programs

The Centers for Medicare & Medicaid Services (CMS) announced on March 22, 2020 that it is granting reporting exceptions and extensions for measure reporting and data submission in Medicare quality reporting programs in response…more

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

See all updates »

Private Equity and Hedge Funds Are Out: SBA Evicts Certain Funds From the PPP Program

In its most recent round of guidance, the SBA stated succinctly that private equity funds and hedge funds are not eligible for relief under the Paycheck Protection Program. The guidance is brief and lacks most important details,…more

Coronavirus/COVID-19, Hedge Funds, Interim Final Rules (IFR), Investment, Paycheck Protection Program (PPP)

See all updates »

Three Reasons BOEM’s Updated Financial Assurance and Risk Management Requirements Are Unenforceable

The Interior Department’s Bureau of Ocean Energy Management (BOEM) has finally issued its promised Notice to Lessees (NTL) No. 2016-N01, “Requiring Additional Security,” which supersedes NTL No. 2008-N07, “Supplemental Bond…more

BOEM, Department of the Interior, Outer Continental Shelf, Risk Management

See all updates »

Deeper Dive: Implementing Basic Security Measures Can Stop Some Network Intrusions and Reduce the Damage From Others

In BakerHostetler’s 2017 Data Security Incident Response Report, we analyzed 104 network intrusion attacks that we helped our clients respond to last year. Such incidents typically occur when criminals find a weakness in a…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Protection, Data Security

See all updates »

Big Money in Play: NCAA Permits School Assistance with NIL Activity

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include…more

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

See all updates »

Ripple Decision Makes Waves Finding Some XRP Sales Not Securities

On July 13, 2023, the U.S. District Court for the Southern District of New York issued its highly anticipated summary judgment decision in the U.S. Securities and Exchange Commission’s (SEC) action against Ripple Labs, Inc…more

Blockchain, Crypto Exchanges, Cryptocurrency, Institutional Investors, Investment Contract

See all updates »

2014 Mid-Year Report Securities Litigation and Regulatory Enforcement

Welcome to the 2014 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. Its purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we believe…more

Banking Sector, Banks, CFTC, Commodities, Deferred Prosecution Agreements

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Can a Plaintiff in the United States Recover Foreign Patent Damages?

In 2018, the U.S. Supreme Court held that a plaintiff was entitled to lost foreign profits under 35 U.S.C. § 284 based on direct acts of infringement in the United States under 35 U.S.C. § 271(f)(2). WesternGeco LLC v. ION…more

Damages, Patent Infringement, Patents

See all updates »

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11,…more

Employer Liability Issues, Freelance Workers, Independent Contractors, NYCHRL, State and Local Government

See all updates »

Vermont to Require Drug Transparency

Vermont recently became the first state to require drug manufacturers to provide justification for price increases. Under the new law, data on the cost of the drug will come from the state Medicaid program. The Department of…more

Attorney General, Drug Pricing, Manufacturers, Medicaid, Pharmaceutical Industry

See all updates »

The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements, the…more

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

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

EPA Takes Next Step Toward New Formaldehyde Regulations

On March 15, 2024, the United States Environmental Protection Agency (EPA) released the draft risk evaluation for formaldehyde for public comment and peer review. The draft risk evaluation was promulgated pursuant to EPA’s…more

Centers for Disease Control and Prevention (CDC), Comment Period, Environmental Protection Agency (EPA), Hazardous Substances, Public Comment

See all updates »

The Lines Are Open! DOJ Adds New Tool in Anticorruption Efforts With Whistleblower Pilot Program

Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA Conference),…more

American Bar Association (ABA), Anti-Corruption, Bribery, Cooperation, Criminal Prosecution

See all updates »

COVID-19 Eviction Moratoria: New Rules Affecting Landlords and Tenants

Authorities at the federal, state and local levels of government are enacting laws, emergency orders and local regulations temporarily prohibiting a landlord from evicting a tenant and prohibiting a lender from taking certain…more

CARES Act, Coronavirus/COVID-19, Eviction, Landlords, Moratorium

See all updates »

Past as Prologue: Rebirth of the Merger Trial and the Bazaarvoice Case

For many years after its implementation, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 seemed to sound the death knell of post-consummation merger trials. By establishing a file-and-wait system rather than the old…more

Anticompetitive Agreements, Antitrust Conspiracies, Bazaarvoice Inc, Hart-Scott-Rodino Act, Mergers

See all updates »

New York Governor Temporarily Adjusts Notary Law to Permit Use of 'Audio-Video Technology' (Update #8)

(Original Article dated April 14, 2020) - UPDATE: By Executive Order 202.72 dated November 3, 2020, Governor Cuomo has further extended his prior orders permitting the use of audio-visual technology for notarization and…more

E-Signatures, Executive Orders, Governor Cuomo, New York, Notarization

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California

Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most famous…more

Copyright, Copyright Infringement, Laches, Led Zeppelin, Music

See all updates »

COVID-19, Force Majeure and Other Defenses to Contractual Performance

Along with its significant and tragic human impact, the COVID-19 pandemic has disrupted and will continue to disrupt global, national and local commerce…more

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

See all updates »

SEC Seeks Additional Comment on Clawback Rules

Key Takeaways - The Securities and Exchange Commission (SEC) reopened the comment period on proposed rules requiring exchanges to adopt standards mandating that companies develop recovery or “clawback” policies on erroneously…more

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

See all updates »

The ABI Commission on Business Bankruptcy Reform: Providing Information and Fairness to Creditors

Will Congress Finally Act? This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies. We discuss here the Commission’s…more

American Bankruptcy Institute, Bankruptcy Preferences, Chapter 11, Commercial Bankruptcy, Commercial Leases

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

Don’t Miss the Window for Post-Grant Review: Monitor Your Competitors by Creating Alert Systems

The U.S. Patent and Trademark Office has new and popular procedures for challenging the validity of (in other words, killing) a competitor’s patent. The most powerful procedure, a Post-Grant Review (PGR), must be filed within…more

Corporate Counsel, Deadlines, Patents, Post-Grant Review

See all updates »

Inspired to Achieve

In recognition of Black History Month, we are spotlighting three attorneys from within our various practice groups through our podcast series, Celebrating Black Voices at BakerHostetler. On today’s episode of Celebrating Black…more

Business Development, Firm Leadership, Law Firm Partners, Professional Development, Young Lawyers

See all updates »

EEOC Issues Final Rule on Pregnant Workers Fairness Act

On April 19, 2024, the EEOC published in the Federal Register its 125-page final rule implementing the PWFA. The final rule will take effect on June 18, 2024…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

See all updates »

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for…more

Advertising, Behavioral Advertising, COPPA, Digital Advertising Alliance, Mobile Apps

See all updates »

Delaware Supreme Court Settles Forfeiture-for-Competition Question, Adopts Employee Choice Doctrine - Seventh Circuit Asks, ‘Are You Sure?’

Less than two months after the Delaware Supreme Court provided the employers, investment partners and other business leaders that trust in the stability of Delaware law to protect their critical business interests with the…more

Breach of Contract, Competition, Contract Terms, Corporate Counsel, DE Supreme Court

See all updates »

AD-ttorneys@law - January 2024

Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging…more

Advertising, Breach of Contract, Breach of Duty, CARS Rule, Christian Louboutin

See all updates »

Child’s Play or Constitutional Clash? Unpacking New York’s Bold Move to Restrict Food Advertising to Kids

Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority…more

Advertising, Congressional Committees, Federal Trade Commission (FTC), First Amendment, Food Manufacturers

See all updates »

Change Healthcare Incident: Update on ‘Impacted Data’ Analysis and Notification Plan

Late on March 27, Change Healthcare (CHC)’s parent company, UnitedHealth Group (UHG), provided an update on its analysis of the extent of “impacted data” involved in the CHC incident…more

Covered Entities, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach Notification Rule

See all updates »

Adapting E-Discovery Workflows to a Remote Work Environment

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice…more

Coronavirus/COVID-19, Data Protection, e-Discovery, Remote Working

See all updates »

The Biden Administration to Establish a New Relationship with Mexico Where Clean Energy Sector May Play a Key Role

Introduction - On April 29, 2020, Mexico’s electricity grid operator (CENACE) indefinitely suspended testing and grid connections for renewable energy plants. Citing COVID-19-related concerns relative to the “intermittent nature…more

Biden Administration, Clean Energy, Energy Market, Energy Sector, Investors

See all updates »

5 Things to Address in Advertising Platform Agreements

A while back, I wrote an article titled “3 Things to Address in Digital Media Agreements,” which focused on issues related to the purchase or sale of ad space on different media channels (e.g., websites and mobile applications)…more

Advertising, Commercial Contracts, Contract Terms, Indemnification, Licenses

See all updates »

Supreme Court Holds That a Statement About a Single Asset Can Be a Statement Respecting a Debtor's Financial Condition

The Supreme Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” for purposes of determining the application of the exception to discharge set forth in Section…more

Adversary Proceedings, Appeals, Bankruptcy Code, Business Assets, Chapter 7

See all updates »

California Enacts New Consumer Protection Law Prohibiting ‘Drip Pricing’ and ‘Junk Fees’

On Oct. 7, 2023, California Governor Gavin Newsom signed SB 478 into law. When it becomes effective July 1, 2024, the law will amend the California Consumer Legal Remedies Act (CLRA) to generally ban so-called drip pricing and…more

Biden Administration, Consumer Protection Laws, Enforcement, Enforcement Priorities, Fees

See all updates »

Five Practice Pointers: Risk Allocation in Enterprise Cloud Service Agreements

Outsourcing information technology functions to the cloud entails risk for both companies and cloud service providers, especially when sensitive data is stored in the cloud. Sensitive data carries business risk and may be…more

Cloud Computing, Consumer Service Agreements, Data Security, Indemnification, Popular

See all updates »

The Federal Circuit Deals Another Blow to Diagnostic Method Patents

In another setback for diagnostic method patents, the Federal Circuit rejected efforts by patent owner/appellant Cleveland Clinic to avoid 35 U.S.C. § 101 by restyling diagnostic method claims as “techniques” for detecting a…more

Corporate Counsel, Patent Litigation, Patent-Eligible Subject Matter, Patents, Section 101

See all updates »

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing Patient Information

On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The final…more

Administrative Procedure, Business Associates, CARES Act, Compliance, Consent

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

Treasury Revisits Past Rulemaking to Bring Investment Advisers Under AML Oversight

In connection with the Biden Administration’s ongoing crackdown on corruption, tax havens, and illicit financing, on December 11, Treasury released a Fact Sheet on its “efforts to address the illicit finance and national…more

Anti-Corruption, Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Financial Institutions

See all updates »

FTC Reaches Settlement With Debt Collector; Imposes Financial Penalties and Other Remedies

On Dec. 5, 2017, the Federal Trade Commission reached a settlement with three defendants who it alleged partook in deceptive, abusive and unfair debt collection practices in violation of the Federal Trade Commission Act and the…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Federal Trade Commission (FTC)

See all updates »

Top Considerations for Essential Ohio Businesses to Sustain Operations Amid COVID-19

Amid the COVID-19 pandemic, numerous state and local authorities are instituting protective orders to stop the spread of the coronavirus. Ohio Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Department of Health Director…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Operators of Essential Services, State and Local Government

See all updates »

Delaware Implements Amendments to the Delaware General Corporation Law, Effective as of Aug. 1, 2023

A number of amendments to the Delaware General Corporation Law (the DGCL) became effective on Aug. 1, 2023. Set forth below is a brief summary of the amendments…more

Amended Legislation, Corporate Governance, Delaware General Corporation Law, Publicly-Traded Companies

See all updates »

Delaware General Corporation Law Amended Regarding Fee-Shifting and Forum Selection Clauses

On June 24, 2015, the governor of Delaware signed into law legislation that amends the Delaware General Corporation Law (Title 8 of the Delaware Code) (“DGCL”) to effectively prohibit fee-shifting bylaw provisions in the context…more

Bylaws, Fee-Shifting, Forum Selection, Legal Fees, Securities and Exchange Commission (SEC)

See all updates »

A New Year, and a New Law You May Have Missed: Texas Employers No Longer Can Require COVID-19 Vaccinations

On Nov. 10, 2023, Gov. Greg Abbott signed into law Senate Bill 7, which amends the Health and Safety Code to prohibit a private employer from taking any “adverse action” against an employee, contractor or applicant because of…more

Adverse Employment Action, Amended Legislation, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

See all updates »

Wage and Hour Division Administrator Nominee Advances in the Senate

Today, the Senate Health, Labor, and Pensions Committee voted 13-9 to advance the nomination of Jessica Looman, who has been serving as the top official of the Wage and Hour Division of the U.S. Department of Labor, to be the…more

Confirmation Proceedings, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Wage and Hour

See all updates »

Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy

In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection…more

Asset Freeze, Bahamas, Commercial Bankruptcy, Crypto Exchanges, Cryptocurrency

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements, the…more

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

See all updates »

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing Patient Information

On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The final…more

Administrative Procedure, Business Associates, CARES Act, Compliance, Consent

See all updates »

The SEC Goes Global - With 30 Million Reasons For Whistleblowers To Report Violations As Soon As Possible

On Monday, September 22, 2014, the Securities and Exchange Commission (SEC) announced an award to an anonymous foreign whistleblower of an estimated $30 million-plus payment that more than doubles the largest previous amount…more

Dodd-Frank, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

See all updates »

Biden Administration Ends COVID-19 Travel Ban and Implements New International Air Travel Policy

The Biden administration recently published an international air travel policy regarding COVID-19 vaccination requirements following its order revoking long-standing country-specific travel bans on China, Iran, Schengen Area,…more

Biden Administration, Coronavirus/COVID-19, International Travel, Travel Restrictions, Travelers

See all updates »

Addressing Section 101 Issues Through Reissue

The contraction of patent eligible subject matter under 35 U.S.C. 101 that Alice, Mayo, Bilski, and other recent court cases have triggered has placed a cloud of uncertainty over a large number of patents. Fortunately, though,…more

Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter, Patents, Section 101

See all updates »

2023 DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law Regulating Videotape Service Providers

We’re back with a deeper dive into the 2023 Data Security Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022. This episode dives deeper into privacy litigation. Questions & comments:…more

Colleges, Cyber Incident Reporting, Cybersecurity, Data Protection, Data Security

See all updates »

Today’s Special: What May Be on Your Hospital Cafeteria Menu Soon

On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an…more

Administrative Law Judge (ALJ), Employer Liability Issues, Hospitals, NLRB, Private Property

See all updates »

.SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register .SUCKS for Failure to Function

On Feb. 2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd., an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term .SUCKS. Vox Populi…more

Domain Name Registration, Domain Names, gTLD, Trademark Litigation, Trademark Trial and Appeal Board

See all updates »

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from enforcing…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Fifth Amendment

See all updates »

The Department of Labor Has Your Business in Its Sights: Act Now to Prevent Costly Penalties Later

President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour Division…more

Biden Administration, Department of Labor (DOL), Employer Liability Issues, Enforcement Priorities, Federal Funding

See all updates »

SEC Director of Enforcement Warns of a ‘Perfect Storm’ Developing Around AI

Director of Enforcement of the U.S. Securities and Exchange Commission (SEC or Commission) Gurbir Grewal warns of the risks surrounding artificial intelligence (AI) related disclosures and puts investment advisers and public…more

Artificial Intelligence, Corporate Governance, Environmental Social & Governance (ESG), Securities and Exchange Commission (SEC), Securities Violations

See all updates »

Change Healthcare Incident: Update on ‘Impacted Data’ Analysis and Notification Plan

Late on March 27, Change Healthcare (CHC)’s parent company, UnitedHealth Group (UHG), provided an update on its analysis of the extent of “impacted data” involved in the CHC incident…more

Covered Entities, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach Notification Rule

See all updates »

From Virtual Classes to Class Actions: Higher Education Policy, Litigation and Antitrust Considerations in Responding to the COVID-19 Pandemic

Among the industries disrupted by the COVID-19 public health crisis has been the educational sector, as universities across the country have been forced to shutter their campuses and transition to virtual remote learning. Public…more

Class Action, Coronavirus/COVID-19, Online Education, Refunds, Universities

See all updates »

The BakerHostetler Quarterly New York Employment Newsletter

Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what to…more

#MeToo, Americans with Disabilities Act (ADA), Anti-Harassment Policies, Employee Training, Employer Liability Issues

See all updates »

Allow Me To Introduce Myself

An old adage says that everything you need to know in life you learned in kindergarten. Similarly, as a cybersecurity lawyer who also coaches his son’s little league team, I think that the fundamental lessons needed to implement…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Publicly-Traded Companies

See all updates »

Federal Circuit Splits on Approach to Analyzing Graham Factors

In Merck Sharp & Dohme Corp. v. Hospira, Inc., the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S. Patent No. 6,486,150 (the ’150 patent) were obvious despite evidence of commercial…more

Abbreviated New Drug Application (ANDA), Patent Litigation, Patents, Pharmaceutical Patents

See all updates »

New York: Paid Leave

Until now, within the U.S., only California, New Jersey, Rhode Island, and Washington have had paid family leave statutes, none of which offers benefits longer than six weeks. New York now joins those states offering a paid…more

Family and Medical Leave Act (FMLA), New Legislation, Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

See all updates »

NYDFS Significantly Amends Cybersecurity Regulation

The New York State Department of Financial Services (NYDFS) adopted comprehensive amendments to its cybersecurity regulation on Nov. 1, 2023. The amended regulation, including the notification provisions of §500.17, goes into…more

Amended Regulation, Compliance, Compliance Dates, Cybersecurity, Financial Services Industry

See all updates »

Use of a Limited Liability Company for Charitable Purposes

On December 1, Mark Zuckerberg wrote a letter to his newborn daughter, Max, and shared it with the world (on Facebook, of course). The letter announced the commitment of Zuckerberg and his wife, Priscilla Chan, to improve the…more

Charitable Organizations, Facebook, Limited Liability Company (LLC), Mark Zuckerberg

See all updates »

SECURE 2.0 Act of 2022 - Congress' Final Gift of 2022 to Retirement Plan Sponsors

For the second time in approximately three years, Congress passed broad legislation with sweeping impacts on retirement savings programs. The SECURE 2.0 Act of 2022 (SECURE 2.0) was included as part of the Consolidated…more

401k, 403(b) Plans, Amended Legislation, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA)

See all updates »

OSHA's COVID-19 "Emergency Rule" Provides Almost No New Guidance

Background. On June 10, 2021, OSHA issued its long-awaited emergency temporary standard in response to the COVID-19 pandemic (COVID ETS). The long-awaited COVID ETS surprised many by only providing an actual rule for the…more

Coronavirus/COVID-19, Employees, Health Care Providers, Healthcare Workers, OSHA

See all updates »

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities and…more

Anti-Bribery, Anti-Corruption, Bribery, Compliance, Corporate Counsel

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

What Companies Can Do to Protect Themselves in the Face of Yet Another Massive Data Breach

Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million unique…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

See all updates »

Florida Doubles Down on Its Anti-Vaccine Mandate Stance

Florida Gov. Ron DeSantis signed a new law (the “Act”) designed to – as DeSantis put it – protect Floridians from losing their jobs due to COVID-19 vaccine mandates. Private employers of all sizes are prohibited from instituting…more

Coronavirus/COVID-19, Employer Mandates, Florida, OSHA, Vaccinations

See all updates »

Foreign Corrupt Practices Act 2015 Year-End Update

Both the United States Department of Justice (DOJ) and the United States Securities and Exchange Commission (SEC) have continued their focus on anticorruption enforcement in 2015. Although there was a decline in enforcement…more

Corporate Fraud, Corruption, Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ)

See all updates »

SEC Recently Issued a No-Action Letter Exempting Private Company M&A Brokers From Registration With the SEC as Broker-Dealers

The staff of the Division of Trading and Markets of the Securities and Exchange Commission (the "SEC") recently issued a No-Action Letter[1] that should reduce significantly the registration burdens upon certain brokers and…more

Broker-Dealer, No-Action Letters, Registration, Securities and Exchange Commission (SEC)

See all updates »

SEC’s Enforcement Division Continues to Scrutinize Disclosure of Executive Perks

The Securities and Exchange Commission’s (SEC or Commission) Division of Enforcement continues to be laser focused on executive perks and the manner in which they are disclosed by public companies. The SEC is expected to bring…more

Corporate Governance, Disclosure Requirements, Enforcement, Enforcement Priorities, Executive Compensation

See all updates »

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not only…more

Anticompetitive Behavior, Biden Administration, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements

See all updates »

Hurricane Harvey Special Alert

Hurricane Harvey has left our Houston and Texas communities with significant recovery and restoration needs. As attorneys, we struggle with how we can be most helpful. It is in this spirit, that we have compiled this Special…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Fannie Mae, Federal Housing Administration (FHA), Hurricane Harvey

See all updates »

Analysis of IRS Proposed Regulations Addressing the Renewable Energy Credit Prevailing Wage and Apprenticeship Requirements

As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits, and included a mechanism for certain tax credits to increase by a…more

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

See all updates »

Living it Up At the HOTEL CALIFORNIA

Legendary rock band Eagles, Ltd. (The Eagles), filed suit on May 1 against the owners of the Hotel California Baja LLC in the U.S. District Court for the Central District of California. The suit alleges trademark infringement…more

Lanham Act, Trademark Infringement, Trademark Litigation, Trademarks, Unfair Competition

See all updates »

Exotic Dancers Continue to Rake in Class Action Dollar Bills

In our continuing coverage of exotic dancer performances on the class action stage, another group of dancers from California recently won approval of a multi-million dollar settlement in a wage and hour class action suit…more

Wage and Hour

See all updates »

Mulvaney Issues Report Outlining Proposals to Reform CFPB

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued its semiannual report (the “Report”) to the President and Congress. In the Report, Acting CFPB Director Mick Mulvaney proposes to significantly reform…more

Arbitration Agreements, Class Action Arbitration Waivers, Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

See all updates »

Third-Party Complaints Must Shift Liability - Not Defeat It

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules of…more

Declaratory Judgments, Federal Rules of Civil Procedure, Indemnification Clauses, Patent Infringement, Patent Litigation

See all updates »

[Webinar] One Year of Patent Law in 60 Minutes - February 22nd, 12:00 pm - 1:00 pm ET

Are you ready for the best bargain in patent law? Look no further because One Year of Patent Law in 60 Minutes with free CLE is back and better than ever! That's right, all the patent law knowledge you need in just one short…more

Continuing Legal Education, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Invalidity

See all updates »

Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment

On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that…more

Advertising, Class Action, Corporate Counsel, Faxes, Settlement

See all updates »

New York City Bars Enforcement of Personal Guaranties in Commercial Leases of COVID-19-Impacted Tenants

On May 26, Mayor Bill de Blasio signed New York City Administrative Code Section 22-1005 into law. The new law prohibits the enforcement of personal liability provisions in commercial leases or rental agreements involving…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, Tenants

See all updates »

CMS Continues Its Focus on Quality Initiatives with the FY 2016 IPPS Final Rule

On July 31, 2015, the Centers for Medicare and Medicaid Services (CMS) issued a final rule (Final Rule) updating fiscal year (FY) 2016 Medicare payment policies and rates under the Inpatient Prospective Payment System (IPPS) and…more

CEHRT, Centers for Medicare & Medicaid Services (CMS), Electronic Medical Records, Federal Register, Final Rules

See all updates »

Navigating the State Data Breach Laws? An Enhanced Resource is Available

In large security incidents, the differences among state breach notification laws usually do not come into play. In smaller matters, where individuals in only a few states are potentially affected, the differences sometimes…more

Cybersecurity, Data Breach, Data Protection, State and Local Government, State Data Breach Notification Statutes

See all updates »

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act concentrates…more

Biometric Information, Biometric Information Privacy Act, Consent, Covered Entities, Data Collection

See all updates »

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the…more

Article 29 Working Party (WP29), Binding Corporate Rules, Compliance, Corporate Counsel, Data Protection Authority

See all updates »

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related…more

American Express v Italian Colors Restaurant, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action, Class Action Arbitration Waivers

See all updates »

AAPL To Issue Revised Form 610-1989 Model Form Operating Agreement To Address Horizontal Wells

The American Association of Professional Landmen is expected to release a revised Form 610-1989 Model Form Operating Agreement within the next few days. It is our understanding that the revised Form will include language making…more

Horizontal Wells, Oil & Gas, Operating Agreements

See all updates »

Ohio Medicaid Expansion Underway

Last fall, Ohio became the 25th state to file a state plan amendment to extend Medicaid benefits to approximately 275,000 Ohioans who previously were not eligible for the program. In doing so, Ohio also agreed to accept an…more

Healthcare, Medicaid, Medicaid Expansion

See all updates »

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility…more

Anti-Competitive, Biden Administration, Chamber of Commerce, Congressional Review Act, Constitutional Challenges

See all updates »

President to Sign Consolidated Appropriations Act that Includes $900 Billion for COVID-19 Relief

On Dec. 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA), an approximately $2.3 trillion omnibus appropriations bill to fund the government through September of 2021 that includes $900 billion of…more

CARES Act, Coronavirus/COVID-19, Donald Trump, Federal Funding, Financial Stimulus

See all updates »

FTC Issues Statement Warning Health Apps to Notify Consumers About Data Breaches

The U.S. Federal Trade Commission (FTC) issued a policy statement on Sept. 15, 2021, warning that the decade-old Health Breach Notification Rule (the rule) – which applies to companies that handle personal health records or…more

Breach Notification Rule, Data Breach, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Mobile Health Apps

See all updates »

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind the…more

Art Auctions, Artists, Christies, Class Action, eBay

See all updates »

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and…more

Corporate Counsel, Discrimination, Employer Mandates, Gender Discrimination, Harassment

See all updates »

The Weekly Hill Update - April 2024 #3

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session…more

Biden Administration, Congressional Committees, Congressional Investigations & Hearings, Environmental Protection Agency (EPA), Federal Aviation Administration (FAA)

See all updates »

CFPB Proposes Amendments to Align Regulation B with Revised Regulation C

On March 24, 2017, the Consumer Financial Protection Bureau (CFPB) proposed amendments to Regulation B to “provide additional flexibility for mortgage lenders concerning the collection of consumer demographic information.” The…more

Consumer Financial Protection Bureau (CFPB), Discrimination, ECOA, HMDA, Mortgage Lenders

See all updates »

The Federal Circuit Provides Insight on Experimental Use and On-Sale Bar

On April 29, 2022, the Court of Appeals for the Federal Circuit issued an opinion for Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., U.S. Oil Co., Inc. (2022 WL 1275697).This case touched on a number of…more

Appeals, Damages, Experimental Use Exception, On-Sale Bar, Patent Infringement

See all updates »

In Recent Report to Congress, FTC Makes Clear: Let Us Go Directly to Court, on Our Own, for Money

The other week, the Federal Trade Commission (FTC) issued a Report to Congress under the FTC Collaboration Act that requires the FTC to conduct a study on its efforts with state attorneys general to combat fraud across the…more

AMG Capital Management LLC v FTC, Department of Justice (DOJ), Federal Trade Commission (FTC), Fraud, Information Reports

See all updates »

Courts Remain Skeptical of Certifying Data Privacy Class Actions

In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions…more

Class Action, Class Certification, Cybersecurity, Data Privacy, Data Protection

See all updates »

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities and…more

Anti-Bribery, Anti-Corruption, Bribery, Compliance, Corporate Counsel

See all updates »

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These…more

Affordable Care Act, Bankruptcy Code, Commercial Bankruptcy, Health Care Providers, Healthcare Costs

See all updates »

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility…more

Anti-Competitive, Biden Administration, Chamber of Commerce, Congressional Review Act, Constitutional Challenges

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Federal Circuit Helps Clarify What Constitutes a Commercial Sale under Pfaff

In The Medicines Co. v. Hospira Inc., Appeal No. 2014-1469 (Fed. Cir. July 11, 2016), the Federal Circuit issued a unanimous en banc decision ruling that the on-sale bar was not triggered by a supplier’s sale of manufacturing…more

Commercial Marketing, En Banc Review, Hospira, Manufacturers, On-Sale Bar

See all updates »

The End of Judge-Shopping in Patent Cases?

On March 12, 2024, the Judicial Conference of the United States announced that in certain types of cases, it will change how cases are assigned to judges, which will limit the ability of litigants to choose which judge is…more

Judges, Patent Litigation, Patents

See all updates »

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

NAIC Adopts Model Bulletin on Artificial Intelligence

On December 4, the National Association of Insurance Commissioners unanimously adopted a model bulletin on the use of artificial intelligence in insurance. The model bulletin is intended for use by state insurance regulators to…more

Artificial Intelligence, Insurance Industry, Insurance Regulations, NAIC

See all updates »

Temporary COVID-19 Policies Becoming Permanent

On Jan. 15, 2021, the U.S. Department of Health & Human Services (HHS) issued a notice, “Making Permanent Regulatory Flexibilities Provided During the COVID-19 Public Health Emergency by Exempting Certain Medical Devices From…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Medical Devices

See all updates »

Inflation Reduction Act Expected to Become Law

Key Takeaways: ..The Senate voted 51-50 on August 7 to pass the Inflation Reduction Act. ..The legislation is expected to pass the House this week without changes and to be signed by President Biden. ..The…more

Climate Change, Corporate Taxes, Drug Pricing, Energy Projects, Federal Funding

See all updates »

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and Other Information Requests

In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In…more

Abortion, Amended Legislation, Attestation Requirements, Civil Investigation Demand, Corporations Code

See all updates »

Are Industrial Control Systems the Linchpin for Critical Infrastructure Cybersecurity?

Over the past few months, news headlines around the globe have been littered with reports of cyberthreats to the critical infrastructure of countries of all sizes. What were once just ominous theories of catastrophic…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Popular

See all updates »

Trademark Owners: Be Wary - Part 2!

Expanding on our blog post of January 2, 2024, yet another scam has been brought to our attention—with serious consequences. The signatory of a client was telephoned by the “Federal Trademark Office,” which requested a $400…more

Scams, Trademark Application, Trademarks, USPTO

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for…more

Blockchain, CFTC, Corruption, Cross-Border, Cryptocurrency

See all updates »

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team…more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

See all updates »

Biden Administration Ends COVID-19 Travel Ban and Implements New International Air Travel Policy

The Biden administration recently published an international air travel policy regarding COVID-19 vaccination requirements following its order revoking long-standing country-specific travel bans on China, Iran, Schengen Area,…more

Biden Administration, Coronavirus/COVID-19, International Travel, Travel Restrictions, Travelers

See all updates »

Group Health Plan Considerations Post-Dobbs

Key Takeaways: ..Group health plan sponsors are wrestling with abortion-related service coverage considerations in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. ..Each…more

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

See all updates »

Brexit May Stall Implementation of EU’s New Unitary Patent and Patent Court Systems

New unified patent grant and patent court systems, which were to have taken effect in early 2017, will likely be stalled because of Britain’s June vote to leave the EU, commentators and member nations fear. BACKGROUND –…more

EU, European Patent Office, Intellectual Property Protection, Member State, Patents

See all updates »

Tax Withholding Policies in a Work-From-Home Environment

Working from home some or all of the time has become commonplace and seems likely to continue regardless of what happens with the COVID-19 pandemic. New ways of working require new ways of handling tax withholding. Employers may…more

Remote Working, Tax Planning, Withholding Tax

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Update: New York Governor Extends Relief for Commercial and Residential Tenants

On March 20, 2020 the governor of the state of New York, Andrew M. Cuomo, issued Executive Order No. 202.8 – Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency, which provided for a…more

Commercial Tenants, Eviction, Executive Orders, Governor Cuomo, Relief Measures

See all updates »

The Peach State Takes a Bite at Privacy Law

The Georgia Senate voted to pass the Georgia Consumer Privacy Protection Act (SB 473) on Feb. 27th. Although the bill is similar to many other comprehensive state privacy laws, there are some notable distinctions…more

Consent, Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection

See all updates »

New Rule Amendments Allow Electronic Signatures in SEC Filings

On Nov. 17, the Securities and Exchange Commission (the SEC or the Commission) adopted new rules to permit the use of electronic signatures in signature authentication documents in connection with certain filings with the…more

Authentication, E-Signatures, EDGAR, Electronic Filing, Investment Company Act of 1940

See all updates »

It’s Time to Face the Music: FTC Says ‘No’ to Facial Recognition-Based Consent Under COPPA

The Federal Trade Commission (FTC or Commission) announced on March 29that it was denying the application for a new mechanism for obtaining verifiable Parental Consent under the Children’s Online Privacy Protection Act (COPPA)…more

Biometric Information, COPPA, Data Collection, Deep Fake, ESRB

See all updates »

Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to…more

Audits, Centers for Medicare & Medicaid Services (CMS), CID, Coronavirus/COVID-19, Criminal Investigations

See all updates »

DOJ Announces Major Corporate Enforcement Policies

Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs (and…more

Chief Compliance Officers, Compliance, Compliance Monitoring, Cooperation, Corporate Crimes

See all updates »

SEC and CFTC Show No Signs of Slowing Down Enforcement Actions for Financial Firms’ Use of Off-Channel Communications

The settlements announced by the SEC and CFTC on Monday are a continuation of the regulators’ focus on off-channel communications by employees of registered entities…more

Books & Records, Bring Your Own Device (BYOD), Broker-Dealer, CFTC, Civil Monetary Penalty

See all updates »

The Supreme Court of Texas Marries Contractual Limitations to Insurance Policies

In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas issued its opinion in In re Deepwater Horizon on February 13, 2015, and settled the debate concerning whether a…more

Additional Insured, BP, Contract Drafting, Contract Negotiations, Deepwater Horizon

See all updates »

Current State of U.S. Economic Sanctions Imposed on the Russian Federation and Covered Regions of Ukraine in Response to the Russian Federation’s Invasion of Ukraine - January 2023

In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the…more

Belarus, Biden Administration, Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Alert: IRS Issues New Guidance and FAQs on Virtual Currencies

On Oct. 9, the Internal Revenue Service (IRS) issued additional guidance regarding the taxation of cryptocurrency. The guidance comes more than five years after the IRS issued Notice 2014-21, the first and, until now, only…more

Cryptocurrency, Digital Currency, Income Taxes, IRS, Virtual Currency

See all updates »

CFIUS Issues Long-Awaited Enforcement and Penalty Guidelines

The U.S. Department of the Treasury on October 20, 2022, issued its first-ever Committee on Foreign Investment in the United States (CFIUS) Enforcement and Penalty Guidelines. Publishing of the Guidelines reinforces recent CFIUS…more

CFIUS, Corporate Counsel, Enforcement Actions, FIRRMA, Foreign Investment

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue..…more

Bid Protests, Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

Understanding the Landlord, Condominium Association and Property Manager Duties During the COVID-19 Crisis

On March 13, 2020, President Donald Trump declared a national emergency over the outbreak of the coronavirus (COVID-19), a public health emergency that has affected all 50 states, and in conjunction with the Centers for Disease…more

Condominium Associations, Condominiums, Coronavirus/COVID-19, Landlords, Property Managers

See all updates »

CARES Act Section 3610 Provides Federal Agencies Discretion to Reimburse Federal Contractors' Employee Compensation

Federal contractors have a new avenue to potentially secure financial relief from the impacts of COVID-19 on their operations under Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Department…more

CARES Act, Coronavirus/COVID-19, Relief Measures

See all updates »

IRS Offshore Voluntary Disclosure Program: The Party Is Ending

On March 13, the Internal Revenue Service announced that the Offshore Voluntary Disclosure Program (OVDP) will come to an end on Sept. 28, 2018. By making this announcement now, the IRS is giving taxpayers with undisclosed…more

FBAR, Foreign Financial Accounts, IRS, Offshore Funds, OVDP

See all updates »

Insurance Class Action Quarterly Report - 2023 Q4

The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years, undervaluation…more

Class Action, Class Certification, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

SEC's Office of the Chief Accountant Issues a Statement on Financial Reporting in COVID-19 Environment

On April 3, 2020, the U.S. Securities and Exchange Commission’s Office of the Chief Accountant (OCA) issued a statement on the importance of high-quality financial reporting in light of the significant impacts of COVID-19,…more

Accounting, CARES Act, Coronavirus/COVID-19, Financial Reporting, Securities and Exchange Commission (SEC)

See all updates »

Texas Senate Holds Public Hearing on EPA Regulations

On Sept. 28, 2016, the Senate Committee on Natural Resources and Economic Development held a public hearing on one of the committee’s interim charges for the 84th Legislative Session. The topic for discussion at the hearing…more

Environmental Protection Agency (EPA), Oil & Gas, Public Hearing, Volatile Organic Compounds (VOC)

See all updates »

Supreme Court of Texas Holds Strip-And-Gore Doctrine Does Not Make Adjacent Landowners Mandatory Parties

On Feb. 3, 2017, the Supreme Court of Texas held that adjacent landowners were not mandatory parties to a lessor’s suit against the lessee for failure to make royalty payments if the adjacent landowners had not claimed any…more

Land Owners, Oil & Gas, Royalties

See all updates »

Proposed Regulations Clarify Application of New ‘Ratable Share' Recognition Period for Federal Historic Rehabilitation Tax Credit

On May 21, 2020, the Department of the Treasury (Treasury) released proposed regulations (the proposed regulations)* regarding the new five-year credit period for the historic rehabilitation tax credit (HTC) under Section 47 of…more

HTC, Tax Credits, U.S. Treasury

See all updates »

2023 Congressional Calendar

Congressional leaders finalized the 2023 legislative calendar, and once again we’re pleased to share with you the 2023 BakerHostetler Congressional Calendar. Please see one-page Congressional Calendar for 2023 below…more

Members of Congress

See all updates »

[Webinar] Healthcare Real Estate: Navigating Stark Law and the Anti-Kickback Statute in Real Estate Leasing - July 20th, 12:00pm EDT

When healthcare providers are involved in real estate leasing, they bring with them a host of laws and regulations that may be unfamiliar to professionals accustomed to handling traditional real estate leasing…more

Anti-Kickback Statute, Commercial Leases, Health Care Providers, Healthcare Facilities, Stark Law

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

Sixth Circuit Reverses Dismissal, Under First-to-File Rule, of Action Brought by Putative Class Members of Earlier-Filed Class Action

Last week, in Baatz v. Columbia Gas Transmission LLC, No. 15-3208, 2016 WL 731900 (6th Cir. 2016), a panel of the Sixth Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a group of landowners in Medina,…more

Corporate Counsel, Dismissals, First-to-File, Just Compensation, Natural Gas

See all updates »

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

​​​​​​​On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his leadership…more

Antitrust Division, Biden Administration, Competition, Department of Justice (DOJ), Enforcement

See all updates »

Where the Rubber Meets the Road: Obama Administration Announces Regulatory Amendments to U.S. Cuba Sanctions

On January 16, 2015, the U.S. Department of the Treasury (“Treasury”) amended the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (“CACR”), and the U.S. Department of Commerce amended the Export Administration Regulations,…more

Amended Regulation, Banking Sector, Barack Obama, Bureau of Industry and Security (BIS), Cuba

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to general…more

Constitutional Challenges, DaimlerChrysler, DaimlerChrysler v Bauman, Due Process, Fifth Amendment

See all updates »

California Supreme Court Clarifies Applicability of Anti-SLAPP Statute in Hospital Peer Review Proceedings

Relying on a technical interpretation of California’s anti-Strategic Lawsuit Against Public Participation (SLAPP) statute, the California Supreme Court has just ruled on what sorts of conduct forming the basis of a doctor’s…more

Anti-SLAPP, CA Supreme Court, First Amendment, Free Speech, Retaliation

See all updates »

CMS Releases 2022 Final Medicare Physician Fee Schedule Rule

On Nov. 2, 2021, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year (CY) 2022 Medicare Physician Fee Schedule (MPFS) final rule. This final rule will take effect on Jan. 1, 2022, and will include…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Medicare, Medicare Part B, Physician Fee Schedule

See all updates »

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act concentrates…more

Biometric Information, Biometric Information Privacy Act, Consent, Covered Entities, Data Collection

See all updates »

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

See all updates »

Chicago Court Hands Out Harsh Sentences for Hedge Fund Trade Secret Theft

Following earlier plea agreements, “Ben” Pu (“Pu”) and Sahil “Sonny” Uppal (“Uppal”) were sentenced today for stealing trade secrets related to high-frequency trading platforms from Chicago-based hedge fund Citadel. In what…more

Criminal Prosecution, Hedge Funds, High Frequency Trading, Theft, Trade Secrets

See all updates »

DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for…more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

See all updates »

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking…more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

See all updates »

Delta's Mobile Application's "Wings Clipped"

A powerful reminder to the business community that it must take mobile application (“App”) privacy seriously was provided by California Attorney General Kamala D. Harris in the form a complaint filed against Delta Airlines, Inc…more

Delta Airlines, Kamala Harris, Mobile Apps, Online Privacy Protection Act, Privacy Policy

See all updates »

The Continued Attempt to End Shale Development in Colorado – This Time Through the Voter Initiative

An attempt to put restrictions on shale development, so as to effectively end it, is nothing new in Colorado. Just this year, several Democrats attempted to push a bill through the Colorado House of Representatives that would…more

Energy Sector, Fracking, Oil & Gas, Shale Gas

See all updates »

DOJ Attempts to Encourage Corporate Self-Disclosures With the Announcement of a One-Year FCPA Pilot Program

Pursuing a classic “carrot and stick” approach to incentivizing corporate self-disclosure of FCPA violations and individual wrongdoing connected to FCPA violations, the Department of Justice (DOJ) Fraud Section announced a new…more

Corporate Counsel, Criminal Penalties, Department of Justice (DOJ), Federal Pilot Programs, Federal Sentencing Guidelines

See all updates »

Federal Government Addresses AI Transparency and Safety in Healthcare

On Oct. 30, President Biden signed an executive order calling for a coordinated government approach to establish new safeguards for AI safety and security in healthcare. In response to the executive order, on Dec. 14 the White…more

21st Century Cures Act, Algorithms, Artificial Intelligence, Biden Administration, Certification Requirements

See all updates »

Financial Firms Integrate Crypto Offerings; Congressmen Address Bitcoin ETFs; NFT Boom Continues; Agencies Seek Crypto Oversight; Crypto Hacker Indicted

Traditional Financial Firms Integrate Crypto Services, CBDC Reports Published - This week a fintech and e-commerce firm announced the integration of its payment gateway with a major U.S. financial services corporation’s new…more

Bitcoin, Central Bank Digital Currency (CBDCs), Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Digital Currency

See all updates »

Reimagining Data in the Wave of AI

Partner Janine Anthony Bowen explores data-related issues in technology contracts in the age of GenAI…more

Artificial Intelligence, Confidential Information, Cybersecurity, Data Privacy, Data Protection

See all updates »

District Court Rejects Claim to Aggregate Series of Compressor Stations

A federal judge in Pennsylvania recently denied an environmental group’s attempt to subject a driller’s gas compressor stations to stricter regulatory permitting. This decision provides reliable guidance for drillers on the…more

Marcellus Shale, Oil & Gas, Regulatory Standards, Well Drilling

See all updates »

FTC Issues Final Rule Banning Non-Competes

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first…more

Chamber of Commerce, Constitutional Challenges, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

Pennsylvania Jury Awards $4.2 Million in Groundwater Contamination Case

On Thursday, a federal jury in Pennsylvania ordered Cabot Oil & Gas to pay more than $4.2 million in damages to two Pennsylvania families who sued in 2009 alleging that the Texas-based company’s drilling operations contaminated…more

Contamination, Fracking, Groundwater, Oil & Gas, Toxic Exposure

See all updates »

Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA

In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions, Fair Labor Standards Act (FLSA)

See all updates »

Chicago Enacts Sweeping New Paid Leave Ordinance

On Nov. 9, 2023, the City of Chicago passed an ordinance repealing its long-standing Paid Sick Leave ordinance, replacing it with the new Chicago Paid Leave and Paid Sick and Safe Leave ordinance effective Dec. 31, 2023…more

Local Ordinance, Notice Requirements, Paid Leave, Paid Time Off (PTO), Sick Leave

See all updates »

HHS Publishes ‘Voluntary’ Healthcare Cybersecurity Performance Goals in Record Time but Leaves Questions Unanswered

As previously reported in this blog, on Dec. 6, 2023, the Department of Health and Human Services (HHS or the Department) released a “concept paper,” which laid out its vision of future action regarding healthcare cybersecurity…more

Compliance, Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS)

See all updates »

COVID-19 Eviction Moratoria: New Rules Affecting Landlords and Tenants

Authorities at the federal, state and local levels of government are enacting laws, emergency orders and local regulations temporarily prohibiting a landlord from evicting a tenant and prohibiting a lender from taking certain…more

CARES Act, Coronavirus/COVID-19, Eviction, Landlords, Moratorium

See all updates »

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility…more

Anti-Competitive, Biden Administration, Chamber of Commerce, Congressional Review Act, Constitutional Challenges

See all updates »

San Francisco's Family-Friendly Workplace Ordinance Allows Requests for Flexible Work Arrangements

San Francisco's new Family-Friendly Workplace Ordinance (the "Ordinance") applies to employers with 20 or more employees and to those San Francisco-based employees who have been employed for at least six months and who work at…more

Family-Friendly Workplace Ordinance, Reasonable Accommodation

See all updates »

Florida Revised Limited Liability Company Act

On May 3, 2013, the Florida House of Representatives unanimously passed the Florida Revised Limited Liability Act (the "New Florida Act") in the form of amended House Bill 1079. The companion bill, Senate Bill 1300, was…more

Appraisal, Limited Liability Company (LLC), Members, New Legislation, Waivers

See all updates »

In the Wake of the Amgen Decision, the USPTO Will Continue To Use the Wands Factors when Evaluating Enablement

In the wake of the U.S. Supreme Court’s decision in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023) (Amgen), in which the Court addressed whether Amgen’s functional antibody genus claims satisfy the enablement requirement, the U.S…more

Amgen v Sanofi, Enablement Inquiries, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner files for bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC,…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Corporate Counsel, License Agreements

See all updates »

MOVEIt MDL - Putting the Transfer Order Into Action

On October 4, 2023, the Joint Panel on Multidistrict Litigation (JPML) issued a Transfer Order consolidating certain actions relating to a vulnerability in Progress Software’s MOVEit file transfer software which was exploited by…more

Cyber Attacks, Multidistrict Litigation, Russia, Software, Transfer of Venue

See all updates »

Implications of Supreme Court's Affirmative Action Decision for M&A Execution

The U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) has opened the door to future legal challenges against DE&I efforts…more

Acquisitions, Affirmative Action, Civil Rights Act, Compliance, Diversity

See all updates »

New Crypto Products Launch; CBDC and NFT Reports Published; Network Protocol/Governance Updates Announced; Crypto Enforcement Continues

New Crypto Products Launch in Exchanges, Wallets, and Custody - A recent press release announced the launch of EDX Markets, a “first-of-its-kind digital asset marketplace designed to enable safe and compliant trading of…more

Bitcoin, Blockchain, Cease and Desist Orders, Central Bank Digital Currency (CBDCs), Corporate Governance

See all updates »

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation…more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

IP Litigation Newsletter - April 2024

The safe harbor exception in 35 U.S.C. § 271(e)(1) applies “solely for uses reasonably related to the development and submission of information” to the Food and Drug Administration (FDA). The Federal Circuit interpreted the word…more

Biologics, Biosimilars, Food and Drug Administration (FDA), Intellectual Property Litigation, Life Sciences

See all updates »

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual claim…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives

See all updates »

Nasdaq Proposes Board Diversity Disclosure Requirements

On Dec. 1, 2020, The Nasdaq Stock Market LLC (Nasdaq) submitted a proposal to the U.S. Securities and Exchange Commission (SEC) to require a company listed on its exchanges, with some exceptions, to (a) have at least two diverse…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

FCC Proposes Modifications to Foreign Sponsorship Identification Requirements for Broadcasters

​​​​​​​On Oct. 6, 2022, the Federal Communications Commission (FCC) released a Second Notice of Proposed Rulemaking (Second NPRM) in which it proposes changes to its current foreign sponsorship disclosure requirements for…more

Advertising, Broadcasting, Certification Requirements, FCC, Foreign Agents

See all updates »

Trade Secret Litigation: The Power of Protection

If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the…more

Confidential Information, Contract Terms, Intellectual Property Protection, Misappropriation, Non-Disclosure Agreement

See all updates »

FDA Issues Much-Anticipated Final Rule on Laboratory Developed Tests

The U.S. Food and Drug Administration (FDA) issued a final rule on April 29, 2024, that significantly changes the regulatory framework for laboratory developed tests (LDTs). LDTs are in vitro diagnostic products (IVDs) that the…more

Clinical Laboratories, Compliance, Diagnostic Tests, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules

See all updates »

Isn’t E-Discovery Hard Enough Without the Internet of Things?

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here…. The…more

Corporate Counsel, Federal Trade Commission (FTC), Internet, Internet of Things

See all updates »

Dramatic Increase in the Number of Third-Party Vendor Incidents Emphasizes the Need for Better Vendor Due Diligence Processes

As reflected in our 2021 Data Security Incident Response Report  2020 saw a sharp spike in the number of incidents involving vendors, which amounted to over 25 percent of the total incidents handled in 2020, and the trend is…more

Data Protection, Data Security, Due Diligence, Risk Mitigation, Third-Party

See all updates »

Protecting Private Wealth: Recent Bankruptcy Cases Involving Tuition Payments and Profit Sharing Plans

Two recent decisions may affect the assets of individuals available to satisfy creditors' claims in bankruptcy. In the first decision, the Bankruptcy Court for the Eastern District of New York determined that married, joint…more

Consumer Bankruptcy, Individual Retirement Account (IRA)

See all updates »

Bankruptcy Courts Contemplate Debtors' Rejection of Real Property Covenants in Midstream Contracts

ver the past four years, midstream firms have struggled to adapt their long-standing practices and adjust their long-held expectations, which were fundamentally disrupted by the outcome of the landmark bankruptcy case, In re…more

Bankruptcy Court, Distressed Assets, Exploration and Production Assets, Midstream Contracts, Oil & Gas

See all updates »

EEOC Issues Guidance for Employers on COVID-19 Vaccine Mandates and Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance to help employers navigate the implications of the COVID-19 vaccine in the workplace. As more and more Americans receive the…more

Coronavirus/COVID-19, Employees, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Incentives

See all updates »

5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims

On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII)…more

42 U. S. C. § 1981, Civil Rights Act, Employment Discrimination, Retaliation, Statute of Limitations

See all updates »

EPA Designates PFOS and PFOA as Hazardous Substances

On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the…more

Biden Administration, CERCLA, Comment Period, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

Imminent Cybersecurity Threats to Healthcare Revenue Cycle Management

BakerHostetler is closely monitoring imminent cybersecurity threats to healthcare revenue cycle management personnel and vendors. Most recently, Change Healthcare (CHC), a healthcare technology and business management vendor…more

Breach Notification Rule, Business Associates, Cyber Threats, Cybersecurity, Data Breach

See all updates »

2016 Class Action Year-End Review

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the…more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

See all updates »

A Brief Overview of the USPTO’s Interim Procedures Implementing Arthrex

On June 21, 2021, the Supreme Court issued its long-awaited decision in United States v. Arthrex, 19-1434, 19-1452, 19-1458. The issue in Arthrex was “whether the authority of Administrative Patent Judges (APJs) to issue…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Corporate Counsel, Executive Branch

See all updates »

Impact of the Ukraine/Russia Conflict on Cybersecurity in the United States

On Feb. 24, 2022, Russia launched a large-scale military incursion into Ukraine. By all accounts, the Russian offensive attacked on multiple fronts, including against Ukraine’s network computers and communication systems. The…more

Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Economic Sanctions, Hackers

See all updates »

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation continues…more

Antitrust Litigation, Ascertainable Class, Class Action, Class Action Arbitration Waivers, Class Certification

See all updates »

Supreme Court's Upcoming Whistleblower Decision May Dramatically Impact Compliance Programs

On November 28, 2017, the United States Supreme Court heard oral argument on whether whistleblowers are entitled to protection from retaliation under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act’s…more

Anti-Retaliation Provisions, Digital Realty Trust Inc v Somers, Dodd-Frank, Popular, Retaliation

See all updates »

2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team…more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

See all updates »

Forced Nationalization of Patent Monopolies Held by “Unfriendlies” in Russia

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in…more

Monopolization, Patent Cooperation Treaty, Patents, Russia, United Nations

See all updates »

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the…more

Auction, Bids, Data Breach, Evidence, Software

See all updates »

Practical Impacts of the ‘Cemex’ Decision

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union…more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

See all updates »

Practical Impacts of the ‘Cemex’ Decision

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union…more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

See all updates »

Pandora Enters Into License Agreements With ASCAP and BMI

Following the Copyright Royalty Board’s ruling to raise Pandora’s royalty rates, last week Pandora announced new licensing agreements with the country’s two largest performing-rights societies, Broadcast Music Inc. and the…more

ASCAP, BMI, Licensing Rights, Music Industry, Pandora

See all updates »

Patent Litigation: How Low Can You Go?

There’s no question that new patent litigation case filings are down across the board. However, the reason for the downward trend depends on whom you ask. Our attorneys examine the numbers behind the decline and provide their…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

New Seattle Ordinance Restricts Scheduling Practices

Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services businesses. For many employers in…more

Covered Employees, Covered Employer, Local Ordinance, Wage and Hour

See all updates »

AD Nauseam: AI – We Had to Discuss it Eventually – Part 2

On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Sarah talk about AI and why it’s such a broad pressing concern. Questions & Comments: amudge@bakerlaw.com; dkaufman@bakerlaw.com ;…more

Advertising, Algorithms, Artificial Intelligence, Machine Learning, Marketing

See all updates »

Claim Construction: The Difference Between Using “The” and “A”

Patent attorneys regularly use indefinite articles (i.e., “a” or “an”) in claim drafting to introduce patent limitations. In Apple Inc. v. Corephotonics, Ltd., however, the Federal Circuit made a ruling that may require…more

Claim Construction, Drafting Attorney, Patent Trial and Appeal Board, Patents

See all updates »

Weekly Blockchain Blog - April 2024 #5

Hong Kong Approves Crypto ETFs; Crypto Security, Payments Products Launch - According to recent reports, the Hong Kong Securities and Futures Trading Commission has conditionally approved the launch of the first spot bitcoin…more

Bitcoin, Bitcoin Mining, Blockchain, Criminal Prosecution, Cryptocurrency

See all updates »

New Favorable OIG Advisory Opinion – ASC Joint Ventures

On April 26, 2021, the Office of the Inspector General (OIG) of the Department of Health & Human Services (HHS) released Advisory Opinion No. 21-02 (Opinion 21-02), a favorable opinion regarding an ambulatory surgery center…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Investors, Joint Venture, OIG

See all updates »

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue..…more

Bid Protests, Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

Settlement Reached Between Neiman Marcus and State Attorneys General for $1.5 Million for 2013 Payment Card Breach

Last week, the attorneys general (AGs) of 43 states and the District of Columbia announced they reached a $1.5 million settlement with Neiman Marcus Group LLC to resolve an investigation of a 2013 data breach that involved the…more

Attorney General, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

Common Bad Decisions Startups Make During the Romance Phase

Entrepreneurs with sound business ideas commonly make decisions that hinder early growth and capitalization. During the “Romance Phase,” the idea for a new product or service is fully developed, the initial team of talent is…more

Capital Raising, Deferred Compensation, Early Stage Companies, Entrepreneurs, Equity Compensation

See all updates »

FAQs: Section 139

Q: In addition to the CARES Act and other provisions of employee benefit plans described below, what other forms of hardship assistance are employers considering in order to support their employees who are facing health and…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Qualified Disaster Relief Payments, Relief Measures

See all updates »

The DOL Issues New Guidance on the PUMP Act to Protect Nursing Employees

On May 17, the Department of Labor (DOL) issued guidance concerning an employer’s obligation to provide nursing employees with reasonable break times and a private place to pump breast milk at work. In 2010, the Patient…more

Affordable Care Act, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Lactation Accommodation, New Guidance

See all updates »

SEC Approves NYSE Rule Change Permitting Primary Direct Listings

On Dec. 22, 2020, the U.S. Securities and Exchange Commission (SEC) approved a proposed change to the New York Stock Exchange (NYSE) listing rules that will allow a company, at the time of its initial listing on the NYSE, to…more

Corporate Governance, Direct Listing, NYSE, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

See all updates »

Supreme Court Upends Tax Rules for Remote Sellers

On June 21, 2018, the U.S. Supreme Court rendered a decision with broad implications for merchants selling in multiple states. South Dakota v. Wayfair, 585 U.S. ___ (2018). In Wayfair, the Court rejected the physical presence…more

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

See all updates »

Financial Considerations for Business Leaders Navigating the COVID-19 Pandemic

The global COVID-19 pandemic has brought the world’s economy to a grinding halt. Virtually every person, business and industry has been affected to some extent, and the economic impact and recovery will likely last for months or…more

Coronavirus/COVID-19, Financial Stimulus, Relief Measures, Risk Management

See all updates »

Court Vacates New NLRB Joint Employer Rule

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11…more

Browning-Ferris Industries of California Inc., Common Law Test, Fair Labor Standards Act (FLSA), Final Rules, Joint Employers

See all updates »

Game On: Addressing Security Challenges in the E-Sports Industry

The emergence of e-sports is no longer news. According to industry reports, the global e-sports industry created over $950 million in total revenue in 2020, and experts expect that number to grow to $1.6 billion by 2023. While…more

Cybersecurity, Data Security, Online Platforms, Popular, Sports

See all updates »

Methane Series Part III: Implementation Is Here. EPA Published the Proposed Rule Implementing the First-Ever Direct Tax on Methane Emissions

We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane…more

Carbon Emissions, Clean Air Act, Environmental Protection Agency (EPA), Exemptions, Federal Taxes

See all updates »

Overview of the Proposed Regulations Addressing Direct Pay

As covered in our prior alerts, the Inflation Reduction Act[1] (IRA) modified and reinstated existing renewable energy credits, enacted new renewable energy credits, and enacted under § 6417 an election that allows applicable…more

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

See all updates »

US Facial Recognition Firm Ordered to Stop Processing UK and Australian Data and Pay Fine Over Privacy Law Violations

ICO and OAIC Find ‘Serious Breaches’ of Privacy Law - On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy violations…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Data Privacy, Facial Recognition Technology

See all updates »

What Happens If… Potential Election Outcomes and What They Could Mean

Election Day could produce massive changes in Washington and in the policies that would affect every American and every company. Even a status quo election could produce lasting regulatory consequences for key stakeholders. Just…more

Climate Change, Corporate Governance, Donald Trump, Federal Budget, Filibuster

See all updates »

Illinois Supreme Court: Sections 15(b) and 15(d) BIPA Claims Accrue with Each Scan or Transmission

Today the Illinois Supreme Court issued a decision in Cothron v. White Castle System, Inc. 2023 IL 128004, in which the court held that the statute of limitations accrues with each scan or transmission of biometric identifiers…more

Biometric Information, Biometric Information Privacy Act, Data Privacy, Employer Liability Issues, Illinois

See all updates »

FTC Issues Final Rule Banning Non-Competes

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first…more

Chamber of Commerce, Constitutional Challenges, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

A Pattern of Deceit? SCOTUS to Consider Whether Section 411(b) of the Copyright Act Imposes a Mental State Requirement Akin to Fraud

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See…more

Copyright, Copyright Infringement, Copyright Registration, SCOTUS, The Copyright Act

See all updates »

Federal Circuit Confirms That the BPCIA Always Requires Post-Licensure Notice

The Federal Circuit answered one of the questions left open by its July 27, 2015, decision in Amgen Inc. v. Sandoz Inc. (Appeal No. 2015-1499): whether the 180-day commercial marketing notice under the Biologics Price…more

Amgen, Biosimilars, BPCIA, Food and Drug Administration (FDA), Patent Dance

See all updates »

California Imposes New Rules on Employers in Worksite Enforcement Actions

With clear indications from the Trump administration that worksite immigration enforcement is near the top of the agenda for 2018, the state of California has taken a pre-emptive step to protect workers who may be affected. On…more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions

See all updates »

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover…more

28 U.S.C. § 1782, Arbitration, Business Litigation, Commercial Arbitration, Discovery

See all updates »

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a Motion To Compel Arbitration Stays the Case

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral…more

Appeals, Arbitration, Automatic Stay, Coinbase, Crypto Exchanges

See all updates »

Forcing Exclusivity on Your Customers May Not Be the Best Competitive Response

In the words of the director of the Federal Trade Commission’s (FTC’s) Bureau of Competition, the recent enforcement against Invibio, Inc., the first company to sell implant-grade polyetheretherketone, known as PEEK, to medical…more

Cease and Desist, Exclusive Dealing Agreements, Federal Trade Commission (FTC), Medical Devices, Supply Contracts

See all updates »

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion of the Constitutionality of Such Whistleblower Cases

On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss a…more

Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Rules of Civil Procedure

See all updates »

COVID-19 Eviction Moratoria: New Rules Affecting Landlords and Tenants

Authorities at the federal, state and local levels of government are enacting laws, emergency orders and local regulations temporarily prohibiting a landlord from evicting a tenant and prohibiting a lender from taking certain…more

CARES Act, Coronavirus/COVID-19, Eviction, Landlords, Moratorium

See all updates »

SCOTUS Issues Decision in Seila Law

On June 29, 2020, the Supreme Court of the United States issued a long-awaited decision in Seila Law LLC v. CFPB concerning a constitutional challenge to the Consumer Financial Protection Bureau (CFPB). In a 5-4 decision, the…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Removal For-Cause, SCOTUS

See all updates »

New Offshore Wind Ruling Revoked by Customs and Border Protection

U.S. Customs and Border Protection (CPB) recently revoked a July 15, 2020 ruling that determined using a non-coastwise-qualified vessel (i.e., a non-Jones Act compliant vessel or foreign vessel) to install wind turbine generator…more

Customs and Border Protection, Offshore Wind, Renewable Energy, Vessels, Wind Power

See all updates »

Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 2024

In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the…more

Belarus Sanctions, Biden Administration, Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation. They can also be an extremely effective mechanism for employers to…more

Arbitration, Class Action Arbitration Waivers, Collective Actions, Corporate Counsel, Fair Labor Standards Act (FLSA)

See all updates »

What Public Employers Need to Know About the Janus Supreme Court Case

Mandatory Public Sector Union Dues Are Unconstitutional: The Court's Ruling and How We Got Here - In its 5-4 decision in Janus v. AFSCME Council 31, the U.S. Supreme Court held that public employees can no longer be compelled to…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

See all updates »

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility…more

Anti-Competitive, Biden Administration, Chamber of Commerce, Congressional Review Act, Constitutional Challenges

See all updates »

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

​​​​​​​In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical records…more

Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Senate Finance Committee Chairman Releases Tax Reform Staff Discussion Drafts – More Expected

From November 19 through 22, 2013, Senator Max Baucus, Chairman of the Senate Finance Committee (the "Committee"), released three staff discussion drafts that propose sweeping changes to the federal rules regarding international…more

Corporate Taxes, International Tax Issues, Tax Reform

See all updates »

Standing in Uncertainty: Spokeo Three Years Later

In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm”…more

Class Action, Cy Pres Funds, Frank v Gaos, FRCP 23(e), Remand

See all updates »

World IP Day

We celebrate World IP Day this year on April 26, commemorating 53 years of the World Intellectual Property Organization (WIPO) Convention’s implementation. This year’s theme is “Women and IP: Accelerating Innovation and…more

Entrepreneurs, Intellectual Property Protection, Inventors, Women-Owned Businesses, World Intellectual Property Organisation

See all updates »

Texas Open Carry Law: FAQs for Hospitals and Healthcare Facilities

As of January 1, 2016, concealed license holders in Texas can now legally carry their handguns visibly in hip or shoulder holsters. This comes at a time when violence in hospitals and healthcare facilities is on the rise…more

Concealed Weapons, Employer No-Weapons Policies, Firearms, Gun Laws, Gun Permits

See all updates »

[Event] CLE Event: "Whistling at Work" - December 7th, Columbus OH

The Top 5 Issues for Navigating the Employment Relationship to Avoid and Defend Whistleblower Retaliation Complaints Topics - - Whistleblower 101: Law and Process - Whistleblower and Compliance Policies: Prevention…more

Compliance, Continuing Legal Education, Defense Strategies, Employer Liability Issues, Retaliation

See all updates »

GOOGLE Mark Is Not a Victim of Genericide

On May 16, 2017, internet search engine and content provider Google Inc. was handed a win by the United States Court of Appeals for the Ninth Circuit in Elliot v. Google Inc. The court ruled that the GOOGLE trademark had not…more

Genericide, Google, Trademark Registration, Trademarks

See all updates »

“Trump Too Small” is Too Personal for Trademark Registration

The Trademark Trial and Appeal Board (TTAB) – for the second time in the past six months – has decided that a proposed mark incorporating the name “Trump” may not be federally registered as a trademark. Relying on the Lanham Act…more

Lanham Act, Trademark Registration, Trademark Trial and Appeal Board, Trademarks

See all updates »

Are Your Export Classifications Up to Date? New Export Controls, Including on Cybersecurity Software and Technologies, May Impact International Business Opportunities

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) appears to be increasing the rate at which it imposes new export controls on various technologies, software and commodities (items). In October alone, BIS…more

Bureau of Industry and Security (BIS), Data Management, ECCNs, Export Administration Regulations (EAR), Export Controls

See all updates »

Tentative Ruling Issued to Delay Enforcement of CCPA Regulations Until March 29, 2024

On June 29, 2023, the Superior Court of California for the County of Sacramento (Court) issued a tentative ruling staying the California Privacy Protection Agency (Agency) from enforcing the California Consumer Privacy Act of…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Enforcement, Final Rules, Stays

See all updates »

2023: A Generative AI Odyssey

Artificial intelligence (AI) has long existed in the public consciousness through science fiction, doomsday planners, and fears of Ray Kurzweil’s singularity—but it now appears to be an accessible reality. 2023 has begun with a…more

Algorithms, Artificial Intelligence, Biden Administration, Bots, Ethics

See all updates »

House and Senate Advance President Biden's Far-Reaching 2021 Tax Changes

The House Ways and Means Committee this week released draft legislation advancing various tax change proposals. The House action follows several recent releases by the Senate Finance Committee, including proposals focused on…more

Biden Administration, Capital Gains Tax, Corporate Taxes, Popular, SALT

See all updates »

AD-ttorneys@law

In This Issue: - California Voters Likely to Decide Consumer Privacy Rules - Finally, a Full House - Musical.ly Under Scrutiny - Action Filed Against Clif Bar for Misleading Advertising for Sugary Bars... …more

Advertising, CARU, COPPA, False Advertising, Federal Trade Commission (FTC)

See all updates »

The SEC Secures Major Trial Victory in Its First ‘Shadow Trading’ Insider Trading Enforcement Action – Securities and Exchange Commission v. Panuwat

On Friday, April 5, a California federal jury found a former Medivation executive liable for insider trading under the novel liability theory of “shadow trading,” following an eight-day trial and less than three hours of…more

Confidential Information, Corporate Officers, Enforcement Actions, Insider Trading, Jury Trial

See all updates »

Virtual Stockholder Meetings in Light of Coronavirus

Introduction - As the global pandemic of the new coronavirus disease (COVID-19) spreads across the United States, many public companies are beginning to reevaluate the format of their April, May or June annual stockholder…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Securities and Exchange Commission (SEC), Stockholders' Meetings, Virtual Meetings

See all updates »

Moratorium on New Oil and Gas Operations Lifted in Adams County

On Tuesday, Adams County, Colorado, commissioners lifted a six-week moratorium on new oil and gas drilling operations in urban areas. The moratorium, previously approved by the county commissioners in early February following…more

Energy Sector, Moratorium, Oil & Gas, Well Drilling

See all updates »

Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data

This breakout series will discuss the latest U.S. privacy compliance programs, and how trends such as sale opt-out and cookie banners are part of the “data revolution”. The series will also cover the intersection of compliance…more

Cookies, Data Collection, Data Privacy, Opt-Outs, Privacy Policy

See all updates »

Massachusetts Supreme Judicial Court Abrogates Employers’ Sole Defense to Automatic Treble Damages Liability for Late Final Wage Payments

On April 4, the Massachusetts Supreme Judicial Court handed employees there yet another victory in Reuter v. City of Methuen, holding that they are automatically entitled to triple damages for any late payment of final wages…more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

See all updates »

Treasury Issues Paycheck Protection Application Regarding Forgiveness

The Department of the Treasury (Treasury) recently issued a Paycheck Protection Program (PPP) Loan Forgiveness Application Form (the Forgiveness Application) that resolves some important questions regarding how borrowers will…more

Loan Forgiveness, Paycheck Protection Program (PPP), SBA

See all updates »

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of Things - March 9th, Washington, DC

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources…more

Automotive Industry, Connected Cars, Continuing Legal Education, Cybersecurity, Data Breach

See all updates »

The Peach State Takes a Bite at Privacy Law

The Georgia Senate voted to pass the Georgia Consumer Privacy Protection Act (SB 473) on Feb. 27th. Although the bill is similar to many other comprehensive state privacy laws, there are some notable distinctions…more

Consent, Consumer Privacy Rights, Covered Entities, Data Privacy, Data Protection

See all updates »

Federal Circuit Addresses Personal Jurisdiction and Amazon’s Patent Dispute Procedure: What to Know Going Forward

On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time –…more

Amazon, Amazon Marketplace, CAFC, Infringement, Patent Infringement

See all updates »

The SEC Speaks - Key Enforcement Priorities for 2024

On April 2 and 3, the U.S. Securities and Exchange Commission (SEC or Commission) presented its annual SEC Speaks program in conjunction with PLI, where senior members of the Commission provided updates on the current…more

Capital Markets, Cryptoassets, Cryptocurrency, Enforcement Actions, Enforcement Priorities

See all updates »

Registration of “Phantom Marks” Denied

“Phantom marks” are trademarks that contain a variable element, such as the mark T.MARKEY TRADEMARK EXHIBITION 2***, in which the asterisks represent elements that change to indicate different years. Trademark Manual of…more

Trademark Manual of Examining Procedure (TMEP), Trademark Registration, Trademark Trial and Appeal Board, Trademarks

See all updates »

IRS Publishes Proposed Regulations for Hedge Fund Reinsurance Arrangements

In April 24’s Federal Register, the IRS released proposed regulations (REG-108214-15) to restrict when a foreign insurance company’s income can be excluded as passive income by giving a more strict definition for the “active…more

Foreign Insurance Companies, Insurance Industry, Internal Revenue Code (IRC), IRS, Passive Activity

See all updates »

FDA Issues Much-Anticipated Final Rule on Laboratory Developed Tests

The U.S. Food and Drug Administration (FDA) issued a final rule on April 29, 2024, that significantly changes the regulatory framework for laboratory developed tests (LDTs). LDTs are in vitro diagnostic products (IVDs) that the…more

Clinical Laboratories, Compliance, Diagnostic Tests, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules

See all updates »

Sovereign Immunity Is Alive and Well, Even After a Cyberattack

As highlighted in the Data Security Incident Response Report, government entities such as universities, medical centers, public utilities and transportation services companies have become highly sought-after targets of cyber…more

Civil Liability, Cyber Attacks, Cyber Incident Reporting, Data Breach, Data Security

See all updates »

California Court Affirms Value of Employee Time Punches in Defeating Class Certification

In a sweet ruling for employers, a California court of appeal affirmed a trial court’s denial of class certification of a meal break claim due to employee timekeeping records. This decision, Salazar v. See’s Candy Shops Inc., is…more

California, Class Certification, Employees, Rest and Meal Break, Timekeeping

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The IRS Succeeds in Compelling Crypto Exchange to Disclose User Information

As the price of bitcoin leaps and lurches toward new highs, it seems fitting that the legal regime surrounding it and other virtual currencies is similarly unpredictable. With bitcoin edging its way into mainstream finance, and…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, IRS

See all updates »

New York Court Dispenses with the Litigation Requirement for the Application of the Common-Interest Privilege: Why Transactional Counsel Should Pay Attention

In a recent decision, the Appellate Division of the Supreme Court of New York, First Judicial Department, broke with other New York courts and joined Delaware and federal courts in applying the common-interest privilege to…more

Attorney-Client Privilege, Common-Interest Privilege, Countrywide, Merger Agreements, RMBS

See all updates »

Reductions-in-Force, Layoffs and Furloughs Can Trigger Unexpected PBGC Reporting and Pension Plan Funding Obligations

Many employers now are taking actions to reduce workforces, primarily by laying off employees, furloughing employees, or offering retirement or termination incentive programs. Some of these reductions are intended to be…more

Employee Retirement Income Security Act (ERISA), Furloughs, Layoffs, PBGC, Pensions

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 2024

In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the…more

Belarus Sanctions, Biden Administration, Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

Florida and Connecticut Expand Breach Laws to Include Geolocation Data as Personal Information

Consistent with recent trends in broadening the scope of state data breach notification statutes, Connecticut and Florida have expanded the definitions of personal information under their respective data breach notification…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

SEC Guidance on Disclosure Concerning Cybersecurity Matters

On February 21, 2018, the Securities and Exchange Commission (SEC) published interpretive guidance, titled “Commission Statement and Guidance on Public Company Cybersecurity Disclosures”(Release No. 33-10459), to assist public…more

Cybersecurity, Data Breach, Data Protection, Disclosure Requirements, Policies and Procedures

See all updates »

DOJ Procurement Collusion Strike Force Announces a Permanent Director and Brings Its First Public Indictment Against an Engineering Firm and Former Executive

Last November, the Department of Justice announced that it was forming a government procurement collusion strike force comprised of prosecutors from both the DOJ Antitrust Division and United States Attorney’s offices from…more

Bid Rigging, Department of Justice (DOJ), DOJ Strike Force, False Claims Act (FCA), Price-Fixing

See all updates »

Financial Services 2017 Year-End Report

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018. …more

Arbitration Agreements, Chapter 11, Commercial Bankruptcy, Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Peppa Pig Can't Fly: Russia's Retaliatory Expropriation of Foreign Property Has Started

The crippling economic sanctions the West imposed in response to Russia’s invasion of Ukraine have led to Russian retaliation. Russia’s symbolic sanctions of President Biden and Canadian Prime Minister Justin Trudeau may get…more

Bilateral Investment Treaties, Economic Sanctions, Foreign Investment, Intellectual Property Protection, Investor State Dispute Settlement (ISDS)

See all updates »

Commercial Real Estate Closings in the COVID-19 Climate: Practical Considerations

States and local municipalities throughout the nation have recently instituted, by means of emergency orders and similar actions (collectively, SIP Orders), shelter-in-place obligations aimed at limiting the spread of the novel…more

Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19

See all updates »

SEC Recently Issued a No-Action Letter Exempting Private Company M&A Brokers From Registration With the SEC as Broker-Dealers

The staff of the Division of Trading and Markets of the Securities and Exchange Commission (the "SEC") recently issued a No-Action Letter[1] that should reduce significantly the registration burdens upon certain brokers and…more

Broker-Dealer, No-Action Letters, Registration, Securities and Exchange Commission (SEC)

See all updates »

EPA's PFAS Action Plan Highlights Risks and Uncertainties of Further PFAS Regulation

On February 14, the U.S. Environmental Protection Agency (EPA) announced a comprehensive proposal for further study and regulation of per- and polyfluoroalkyl substances (PFAS) in a PFAS Action Plan…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Safe Drinking Water Act, Toxic Substances Control Act (TSCA)

See all updates »

A Changing Atmosphere for Navigating COVID-19 in the Workplace

Starting on June 1, Florida employers are prohibited from discriminating against an individual based on vaccination status or refusal to take a COVID-19 test or wear a face mask. The stated goal of SB 252, which amends Florida…more

Centers for Disease Control and Prevention (CDC), Compliance Dates, Coronavirus/COVID-19, Employment Discrimination, Employment Policies

See all updates »

Healthcare Indictment Marks Justice Department's First Criminal No-Poach Case

On January 7, 2021, the Department of Justice (DOJ) announced a grand jury indictment of Surgical Care Affiliates LLC (SCA) and a related entity, which own and operate outpatient medical care centers across the country. The…more

Department of Justice (DOJ), Employees, Grand Juries, Indictments, No-Poaching

See all updates »

Trespass by Frac'ing? Pennsylvania Weighs In

Reversing an order granting Southwestern Energy Company’s (SWN) Motion for Summary Judgment, the Superior Court of Pennsylvania held in a published decision on April 2, 2018, that trespass and conversion claims arising from…more

Energy Sector, Fracking, Oil & Gas, Shale Gas

See all updates »

Attempt to Expand CCPA Private Right of Action Fails, While Bills Exempting Employee Data and Otherwise Refining CCPA Advance

Over the past several weeks, the California State Assembly has voted in favor of advancing to the California Senate bills that would narrow the reach of the California Consumer Privacy Act (CCPA)…more

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

See all updates »

The IRS Turns Up the Heat on Hedge Fund-Backed Reinsurance

After years of inaction, the Internal Revenue Service (IRS) is throwing up obstacles to enjoying the tax advantages of hedge fund-backed reinsurance. On April 24, 2015, the IRS issued a notice of proposed rulemaking titled…more

Foreign Insurance Companies, Hedge Funds, IRS, NPRM, Passive Foreign Investment Company

See all updates »

California Unveils New Draft Requirements for Privacy Risk Assessments, Cybersecurity Audits and AI

On August 29, 2023, the California Privacy Protection Agency (CPPA) Board unveiled Draft Regulations on Risk Assessment and Cybersecurity Audit. The CPPA Board announced that the formal rulemaking process will begin soon, which…more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Policy Drafting, Risk Assessment

See all updates »

Business as Usual? Considerations for Employers Before Returning Employees to the Office

As state and local stay-at-home restrictions across the country are lifted, employers are adopting a variety of approaches to resume regular business operations. Some employers, for example, remain unconvinced that the various…more

Business Operations, Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, State and Local Government

See all updates »

A Road Map for CPRA Compliance

The California Privacy Rights Act (CPRA) becomes operative on Jan. 1, 2023. For organizations building a CPRA compliance road map, below is a summary of the requirements under the California Consumer Privacy Act (CCPA), which…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Compliance, Consumer Privacy Rights, State Privacy Laws

See all updates »

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons. The online marketplace uses struck-through manufacturers’ suggested retail…more

Comparative Advertising, Consumer Sales Practices Act, Corporate Counsel, Retailers

See all updates »

City Council Land Use Committee Approves Midtown East Rezoning

On Thursday, July 27, the New York City Council’s Land Use Committee approved a long-awaited change to the zoning rules for East Midtown. The amendment establishes the “East Midtown Subdistrict” and affects the area between…more

Property Owners, Real Estate Development, Zoning Laws

See all updates »

Big Tech, Beware: New Bill Aims to Expand Antitrust Laws to Large Businesses Doing Business in New York

The New York Senate is currently reviewing a bill that, if enacted, would substantially expand the state’s ability to pursue antitrust actions against corporations. This summer, state senators Michael Gianaris and Rachel May…more

Antitrust Violations, Penalties, Technology Sector

See all updates »

Sole Relief from the International Trade Commission

On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision in the closely watched Converse proceeding, invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes and issuing a broad…more

Corporate Counsel, International Trade Commission (ITC), Section 337, Tariff Act of 1930, Trademark Infringement

See all updates »

FAQs: The Potential Risk of Audits and Enforcement of Misconduct Related to the Loans and Other Financial Benefits Programs Available Under the CARES Act

The CARES Act includes significant measures for individuals, employers, and businesses to handle and overcome the COVID-19 pandemic. The set of FAQs below is intended to address questions related to the potential risk of audits…more

Audits, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Key Takeaways from the US National Cybersecurity Strategy

The White House recently released its much-awaited National Cybersecurity Strategy (the Strategy), which highlights the Administration’s cybersecurity policy development over the past two years and outlines critical objectives…more

Biden Administration, Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Executive Orders

See all updates »

The DOJ Enters Another FCA Lawsuit Against UnitedHealth

The U.S. Department of Justice (DOJ) recently filed its complaint in intervention in another whistleblower lawsuit brought under the False Claims Act against the nation’s largest owner and operator of Medicare Advantage (MA)…more

Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), False Claims Act (FCA), Medicare Advantage Organizations (MAOs), Whistleblowers

See all updates »

SEC Provides Further Guidance on Pay Ratio Disclosures

Last week, the Securities and Exchange Commission (SEC) provided additional guidance for complying with the pay ratio disclosure requirements adopted under the Dodd-Frank Act that take effect in 2018. According to SEC Chairman…more

C&DIs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

See all updates »

Federal and State Antitrust Enforcers Double Down on Stance Against No-Poach Agreements, Urging 2nd Circuit in Amicus Briefs to Revive High-Fashion Case

In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one state…more

Amicus Briefs, Antitrust Division, Competition, Conspiracies, Department of Justice (DOJ)

See all updates »

Workers’ Compensation and Employer Liability in the Era of COVID-19

With companies continuing to reopen for in-person operations amid the coronavirus (COVID-19) pandemic, many employers are left wondering if they could face increased liability related to employees contracting COVID-19 in the…more

Compensation, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Liability

See all updates »

Satisfying Employee Benefit Plan Disclosure, Notice and Election Requirements During a Pandemic and Beyond

The Internal Revenue Code (the Code) and the Employee Retirement Income Security Act (ERISA) set forth numerous disclosure, notice and election requirements for employee benefit plans. These communications can involve thousands…more

Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC), IRS

See all updates »

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing Subsequent Calls From Violating the TCPA

A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard…more

Auto-Dialed Calls, Established Business Relationship, FCC, TCPA, Telemarketing

See all updates »

Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging

Trademark law recognizes that a color can be used to identify the source of products and therefore, enjoys protection under trademark law. Let’s test your color brand awareness: • What can Brown do for you? – shipping…more

Product Packaging, Trademark Registration, Trademark Trial and Appeal Board, Trademarks, USPTO

See all updates »

Big Money in Play: NCAA Permits School Assistance with NIL Activity

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include…more

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

See all updates »

California Court of Appeals Concludes That Claims Under Labor Code 2800 and 2802 Not Excluded From Coverage by “Wage and Hour” Exclusion in Lloyd’s of London Insurance Policy

In a win for California employers, the California Court of Appeals for the Fourth District held in Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number 11EPL-20208, 2019 WL…more

Employer Liability Issues, Labor Code, State Labor Laws, Wage and Hour

See all updates »

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the…more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

See all updates »

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion of the Constitutionality of Such Whistleblower Cases

On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss a…more

Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Rules of Civil Procedure

See all updates »

Healthcare Industry Team 2023 Year in Review

As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and…more

Antitrust Litigation, Artificial Intelligence, Biotechnology, Cannabis Products, Centers for Medicare & Medicaid Services (CMS)

See all updates »

President Signs Four COVID-19 Relief Orders, Including Deferral of Certain Payroll Tax Obligations

Four COVID-19 Executive Actions - After reaching a stalemate with congressional Democrats on Capitol Hill, the President on Aug. 8 signed four presidential actions, including a memorandum for the Secretary of the Treasury…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Payroll Taxes, Relief Measures

See all updates »

A Welcome Sea Change For Employers Defending FLSA Collective Action Cases

A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally…more

Appeals, Class Certification, Collective Actions, Defense Strategies, Employer Liability Issues

See all updates »

Commercial Real Estate Closings in the COVID-19 Climate: Practical Considerations

States and local municipalities throughout the nation have recently instituted, by means of emergency orders and similar actions (collectively, SIP Orders), shelter-in-place obligations aimed at limiting the spread of the novel…more

Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19

See all updates »

Florida Increases Medicaid Provider Minimum Wage to $15.00 an Hour

On June 2, 2022, the Florida governor signed the Freedom First budget for State Fiscal Year 2022-2023 (the Law), which provided over $600 million in funding to the Agency for Health Care Administration (the Agency) specifically…more

Governor DeSantis, Health Care Providers, Healthcare Workers, Medicaid, Minimum Wage

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Appeal of Tax Court Decision Focuses on Foreign Tax Credit, Tests Scope of U.S.-France Totalization Agreement

Briefing is underway in an appeal by two taxpayers—a married couple with dual citizenship in the United States and France—of a U.S. Tax Court decision denying them foreign tax credits for money they contributed to social…more

Appeals, Dual Citizenship, France, Tax Court

See all updates »

DSIR Deeper Dive: Absent Legislation, Privacy Regulators Offer Guidance on AI

By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking the…more

Argentina, Artificial Intelligence, Australia, Canada, Corporate Counsel

See all updates »

NY BitLicense Approval, Blockchain for Energy Commodities, CFTC Enforcement, Advertising Use Cases and More

New BitLicense Approval, Stablecoin Developments and BAT on Coinbase - The New York Department of Financial Services (DFS) has granted New York Digital Investment Group (NYDIG) Execution LLC the 14th BitLicense in the state…more

Blockchain, CFTC, Cryptocurrency, Initial Coin Offering (ICOs), NYDFS

See all updates »

Regeneron Pharmaceuticals, Inc. v. Merus N.V.: The Federal Circuit Revisits the Defense of Inequitable Conduct

In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346, slip op. (Fed. Cir. July 27, 2017) (hereafter, “Slip Op.”), the Federal Circuit seems to have loosened the standards for finding a patentee culpable of inequitable…more

Inequitable Conduct, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

See all updates »

Third Circuit Smacks Down Class Action Settlement in Google Cookie Placement Litigation

In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation over Google’s unauthorized use of internet…more

Class Action, Cookies, Corporate Counsel, FRCP 23(b)(3), Google

See all updates »

SEC Adopts Final Rule on Disclosure of Hedging Policies

The Securities and Exchange Commission (SEC) recently adopted a final rule requiring companies to disclose practices or policies related to the ability of employees (including officers) and directors to engage in hedging…more

Disclosure Requirements, Emerging Growth Companies, Final Rules, Hedging, Regulation S-K

See all updates »

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Department of Health and Human Services (HHS), Hobby Lobby

See all updates »

Digital Asset Broker Regulations Target DeFi Platforms and Payment Processors

The Internal Revenue Service (IRS) and the Department of the Treasury issued a 282 page notice of proposed rulemaking regarding digital assets and broker reporting on Aug. 26 (the Proposed Regulations), nearly two years after…more

Brokers, Decentralized Finance (DeFi), Digital Assets, Infrastructure Investment and Jobs Act (IIJA), Internal Revenue Code (IRC)

See all updates »

Understanding the Landlord, Condominium Association and Property Manager Duties During the COVID-19 Crisis

On March 13, 2020, President Donald Trump declared a national emergency over the outbreak of the coronavirus (COVID-19), a public health emergency that has affected all 50 states, and in conjunction with the Centers for Disease…more

Condominium Associations, Condominiums, Coronavirus/COVID-19, Landlords, Property Managers

See all updates »

New York Governor Extends Relief for Commercial and Residential Tenants

On May 7, 2020, the governor of the state of New York, Andrew M. Cuomo, issued Executive Order No. 202.28 – Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (EO 202.28 or the Executive…more

Commercial Leases, Commercial Tenants, Executive Orders, Governor Cuomo, Landlords

See all updates »

FTC Nets $500,000 Settlement for Alleged Consent Order Violation Related to Online Data Collection Practices

On March 17, 2017, the Federal Trade Commission (FTC) announced that it had reached a $500,000 settlement with Upromise, a membership reward service aimed at families saving for college. The FTC had alleged that Upromise…more

Data Collection, Data Protection, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

AD-ttorneys@law

In This Issue: - California Voters Likely to Decide Consumer Privacy Rules - Finally, a Full House - Musical.ly Under Scrutiny - Action Filed Against Clif Bar for Misleading Advertising for Sugary Bars... …more

Advertising, CARU, COPPA, False Advertising, Federal Trade Commission (FTC)

See all updates »

Supreme Court Clarifies Scope of the FDCPA as It Relates to Nonjudicial Foreclosures

In Obduskey v. McCarthy & Holthus LLP, the U.S. Supreme Court resolved the circuit split on whether those engaged in nonjudicial foreclosure proceedings are subject to all of the requirements and prohibitions of the Fair Debt…more

Debt Collection, Debt Collectors, FDCPA, Non-Judicial Foreclosures, Obduskey v McCarthy & Holthus LLP

See all updates »

[Insert Yell Here]: Rapper Pitbull Receives Trademark Registration for “EEEEEEEYOOOOOO!” Sound Mark

Platinum-selling music artist Pitbull has received two trademark registrations for a signature yell used in his music. The United States Patent and Trademark Office (USPTO) issued two sound mark registrations, U.S. Reg. Nos…more

Trademark Registration, Trademarks, USPTO

See all updates »

At Long Last, California District Court Permanently Enjoins Enforcement of AB 51

There are times when one would rather not be proven right. Nearly four years ago, a California district court invalidated AB 51, which sought to prohibit mandatory arbitration by, among other things, calling for criminal…more

Arbitration, Chamber of Commerce, Employment Contract, Employment Litigation, Federal Arbitration Act

See all updates »

State Oil and Gas Laws v. Local Control: The Struggle Continues in Ohio

On February 17, 2015, the Ohio Supreme Court announced its ruling in The State Ex Rel. Morrison v. Beck Energy Corporation et al. That closely-watched case addressed whether local ordinances that impact drilling operations are…more

Fracking, Oil & Gas, Preemption

See all updates »

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond the US

“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”…more

Defend Trade Secrets Act (DTSA), Enforcement Actions, Extraterritoriality Rules, Foreign Entities, Intellectual Property Protection

See all updates »

DOL Overtime Regulations: The End of an Era

At least once a week we get a call from a client inquiring about the status of the new salary threshold overtime regulations. We have an update, and the news is good for employers! By way of background, on May 23, 2016, the…more

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

See all updates »

US Department of Commerce Updates the Commerce Control List

On Feb. 24, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued a final rule amending the Commerce Control List (CCL) in part 774 of the Export Administration Regulations (EAR) to complete implementation…more

Commerce Control List, ECCNs, Export Administration Regulations (EAR), Export Controls, Exporters

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

Group Health Plan Considerations Post-Dobbs

Key Takeaways: ..Group health plan sponsors are wrestling with abortion-related service coverage considerations in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. ..Each…more

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

See all updates »

Weekly Blockchain Blog - April 2024 #2

AI Protocols Merge, VC Crypto Funding Increases, Tether Completes SOC 2 Audit - According to a recent press release, “SingularityNET (SNET), the world’s first decentralized Artificial Intelligence (AI) network, Fetch.ai, a…more

Artificial Intelligence, Big Tech, Blockchain, Bureau of Industry and Security (BIS), Cryptocurrency

See all updates »

No Further Warnings - Prosecutors Bring First Pure Legal Digital Asset Tax Indictment; More Criminal Cases to Come

After years of explicitly warning taxpayers that failing to report or underreporting income from transactions involving digital assets would lead to criminal charges, federal prosecutors are now beginning to follow through on…more

Bitcoin, Capital Gains, Criminal Prosecution, Department of Justice (DOJ), Digital Assets

See all updates »

New Lower Trademark Examination Evidentiary Standard for Genericness Refusals at the USPTO

The United States Patent and Trademark Office recently issued an Examination Guide clarifying the standard for refusing trademark applications on genericness grounds. Like other substantive refusals, to establish a prima facie…more

Evidentiary Standards, Generic Marks, Trademark Application, Trademark Examination Guide, Trademarks

See all updates »

Extraterritorial Reach of the Lanham Act

The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

See all updates »

California’s New Privacy Enforcement "Sweep"

Partners Justin Yedor and Jennifer Mitchell discuss the new enforcement “sweep” announced by the California Attorney General on January 26 relating to streaming services and devices. Questions & Comments: jyedor@bakerlaw.com…more

Internet Streaming, State Attorneys General, Unfair or Deceptive Trade Practices

See all updates »

Budget Bill Compromise Leads to Historic Reversal of the Ban on Crude Oil Exports

On Friday, December 18, 2015, the U.S. House of Representatives and the Senate passed a bill to fund the federal government through September 2016, which includes a provision lifting the 40-year-old ban on the export of crude…more

Crude Oil, Exports, National Security, New Legislation, Refineries

See all updates »

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover…more

28 U.S.C. § 1782, Arbitration, Business Litigation, Commercial Arbitration, Discovery

See all updates »

New York Governor Temporarily Adjusts Notary Law to Permit Use of 'Audio-Video Technology' (Update #8)

(Original Article dated April 14, 2020) - UPDATE: By Executive Order 202.72 dated November 3, 2020, Governor Cuomo has further extended his prior orders permitting the use of audio-visual technology for notarization and…more

E-Signatures, Executive Orders, Governor Cuomo, New York, Notarization

See all updates »

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers…more

42 U.S.C. §1983, Data Breach, DMV, Governmental Liability, Motor Vehicles

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the local…more

Clean Water Act, Energy Projects, Environmental Protection Agency (EPA), Infrastructure, Section 401

See all updates »

Implications Of The Coronavirus Aid, Relief, and Economic Security (CARES) Act – Healthcare Providers

On Mar. 25, the Senate passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The House of Representatives passed the CARES Act on Mar. 27, and President Trump signed the bill later in the day,…more

Accelerated Payments, CARES Act, Clinical Laboratory Testing, Coronavirus/COVID-19, Durable Medical Equipment

See all updates »

Sounding the Alarm: New Federal Law Will Mandate the Reporting of Cybersecurity Incidents Involving Critical Infrastructure - What Companies Need to do now to be Prepared

In response to increased and persistent cybersecurity threats to American infrastructure, Congress passed the Strengthening American Cybersecurity Act (SACA), which President Joe Biden signed into law on March 15. SACA is likely…more

Biden Administration, Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting

See all updates »

HHS ‘Concept Paper’ Forecasts Stormy Cybersecurity Compliance Weather: New Cybersecurity Requirements and Increased Enforcement to Come in 2024

On Dec. 6, the Department of Health and Human Services (HHS or the Department) released what it is calling a “concept paper” on its role in cybersecurity for the healthcare sector (the HHS paper). The HHS paper is sweeping in…more

Cybersecurity, Data Breach, Data Protection, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

See all updates »

COVID-19's Effects on Criminal Procedure

As with other areas of legal practice, the criminal justice system has felt the effects of COVID-19 and the resulting shutdown orders that have been mandated across the county. Courts at every level of the judiciary have…more

Coronavirus/COVID-19, Criminal Procedure, Subpoenas, Videoconference

See all updates »

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating…more

CA Supreme Court, Corporate Counsel, Employer Liability Issues, Employment Litigation, Employment Policies

See all updates »

Texas Business Courts

On June 10, Governor Greg Abbott signed House Bill 19 into law — creating a new specialty court in Texas. These new courts will have significantly limited jurisdiction and are intended to provide a more efficient venue for the…more

Business Court, Business Disputes, Governor Abbott, Rules of Civil Procedure, State Courts

See all updates »

Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo

In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing…more

Article III, Class Action, Corporate Counsel, Fair Credit Reporting Act (FCRA), Injury-in-Fact

See all updates »

In Brinker, the Eleventh Circuit Accepts Broad-Brush Damages Methodology at Class Certification in Data Breach Class Action

One issue that can impede class certification in data breach class action litigation is the inability to calculate damages on a classwide basis. When there is a large data breach, only a fraction of those in the class are likely…more

Calculation of Damages, Class Action, Class Certification, Data Breach

See all updates »

Foreign Corrupt Practices Act 2014 Year End Update

Over the course of 2014, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) have continued their aggressive enforcement of the Foreign Corrupt Practices Act (“FCPA”). This has led to critical…more

Corporate Counsel, Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, Foreign Corrupt Practices Act (FCPA)

See all updates »

New York Court Bucks Trend and Allows Discovery of Documents Abroad Under 28 U.S.C. § 1782

A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782. District Judge Jesse Furman on Monday ruled that the statute, which authorizes U.S…more

Corporate Counsel, Discovery, Document Productions, Extraterritoriality Rules, International Litigation

See all updates »

Great Concepts LLC v. Chutter, Inc.: The Federal Circuit Weighs In on TTAB’s Authority When a Registrant Commits Fraud on the Trademark Office

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. v. Great Management Group L.L.C. (TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement…more

Affirmative Defenses, Lanham Act, Statutory Interpretation, Trademark Registration, Trademark Trial and Appeal Board

See all updates »

It's Not Over Until the Last Whistle Blows: Beware of the Mid-Investigation Tip

On May 13, 2016, the Securities and Exchange Commission (SEC) caught many off guard when it issued an award to a whistleblower whose mid-investigation tip “significantly contributed” to the success of the resulting enforcement…more

Enforcement Actions, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblower Protection Policies, Whistleblowers

See all updates »

Monetizing Renewable Credits Part II - Final Regulations on Transfers of Renewable Credits

As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits and enacted under § 6418 an election that allows eligible taxpayers to…more

Final Rules, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Production Tax Credit

See all updates »

SEC Reopens Comment Period for Certain Comments Submitted Between June 2021 and August 2022, Including on Climate-Related Disclosure

​​​​​​​The U.S. Securities and Exchange Commission (SEC) issued a release on Oct. 7, 2022 (Release No. 33-11117, the “Release”) indicating that it was reopening comment periods for 11 proposed rules and a request for comment…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

7th Circuit Upholds Trademark ‘Fair Use’ Doctrine

In an August 2019 decision, the 7th U.S. Circuit Court of Appeals upheld the earlier finding by the Northern District of Illinois of summary judgment that PepsiCo’s Gatorade division’s use of the phrase “Gatorade The Sports Fuel…more

Copyright, Fair Use, Trademarks

See all updates »

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the…more

Adverse Employment Action, Black Lives Matter, Civil Rights Act, Dress Codes, Employee Rights

See all updates »

Ohio Adopts New Patient Notification Law for Terminating Physician Employment

Until recently, physicians were required by rules of the State Medical Board of Ohio to notify their patients upon termination of services or retirement from practice. As of March 22, 2013, Ohio law requires healthcare entities…more

Hiring & Firing, Notice Requirements, Termination

See all updates »

Pulling Back the Curtain: DOJ to Take Action Against Window Dressing Corporate Compliance Programs

On July 30, 2015, Andrew Weissman, the chief of the Fraud Section of the U.S. Department of Justice (DOJ) Criminal Division, announced that the DOJ is in the process of hiring a former prosecutor to serve as a full-time expert…more

Compliance, Department of Justice (DOJ), Federal Sentencing Guidelines, White Collar Crimes, Willful Misconduct

See all updates »

SEC Adopts Final Rules for Climate-Related Disclosures

Nearly two years after the SEC released proposed rules regarding the standardization of climate-related disclosures, and after more than 24,000 public comments, the SEC adopted the Final Rules by a 3-2 vote on March 6. The Final…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 2024

In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export controls on Russia. This alert summarizes key economic sanctions imposed by the…more

Belarus Sanctions, Biden Administration, Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions

See all updates »

More Companies Offering Water Recycling Services

As previously reported, oil and gas companies are seeking innovative and economical solutions to decrease their reliance on fresh water in hydraulic fracturing operations. Although obstacles remain, water recycling may prove to…more

Fracking, Oil & Gas, Recycling, Wastewater

See all updates »

How Administrative Law Became the Hottest Topic in Patent Disputes at the Federal Circuit

What comes to mind when you think of “hot topics” in patent law? Subject matter eligibility? Obviousness? Damages? Quietly, administrative law has moved to the top of the list of issues that consume the attention of the Court of…more

Administrative Agencies, Administrative Interpretation, Administrative Law Judge (ALJ), Administrative Procedure Act, Corporate Counsel

See all updates »

DOJ Takes a Cue from ‘Catch Me If You Can’ with Price-Fixing Plea Agreement

The 2002 blockbuster film “Catch Me If You Can” chronicles the exploits of notorious check-writing fraudster Frank Abagnale Jr., his narrow escapes from capture, and his eventual apprehension abroad by American law enforcement…more

Antitrust Division, Community Service, Compliance, Corporate Counsel, Criminal Prosecution

See all updates »

Weekly Blockchain Blog - May 2024

Fintech and Crypto Firms Announce New Cryptocurrency Products - According to recent reports, a major U.S. fintech firm will begin letting its users accept payments in USDC…more

Artificial Intelligence, Bitcoin Mining, Blockchain, Criminal Prosecution, Crypto Exchanges

See all updates »

What Happens If… Potential Election Outcomes and What They Could Mean

Election Day could produce massive changes in Washington and in the policies that would affect every American and every company. Even a status quo election could produce lasting regulatory consequences for key stakeholders. Just…more

Climate Change, Corporate Governance, Donald Trump, Federal Budget, Filibuster

See all updates »

The Employee Retention Tax Credit: Aggregation Aggravation

Employers navigating the incentives included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) must undertake the complex analysis of determining whether, and to what extent, they qualify for the…more

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

See all updates »

CMS Aims to Decrease Burdens and Increase Innovation in Medicare Parts C and D With New April 2018 Guidance

In regulations published on April 16, 2018, the Centers for Medicare & Medicaid Services (CMS) issued two new documents containing guidance primarily on the Medicare Advantage (MA) program and on the Medicare prescription drug…more

Centers for Medicare & Medicaid Services (CMS), Comprehensive Addiction and Recovery Act of 2016 (CARA), Medicare, Medicare Advantage, Medicare Part C

See all updates »

Weekly Blockchain Blog - May 2024

Fintech and Crypto Firms Announce New Cryptocurrency Products - According to recent reports, a major U.S. fintech firm will begin letting its users accept payments in USDC…more

Artificial Intelligence, Bitcoin Mining, Blockchain, Criminal Prosecution, Crypto Exchanges

See all updates »

Lower Oil and Gas Prices Met With an Uptick in Unpaid Overtime, Worker Misclassification, and Other Wage Suits

On Monday, the United States Energy Information Administration released a Drilling Productivity Report. The report projects that total oil output from seven major U.S. shale regions will fall by 118,000 barrels per day to about…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Oil & Gas, Shale Gas, Trucking Industry

See all updates »

Stricter Scrutiny for Compliance: Biden-Harris Administration Releases First-Ever U.S. Strategy on Countering Corruption

The Biden-Harris Administration is making the fight against global corruption a key policy objective. Through its new United States Strategy on Countering Corruption, released on December 6, 2021, the Biden-Harris Administration…more

Anti-Corruption, Anti-Money Laundering, Biden Administration, Corruption, Department of Justice (DOJ)

See all updates »

Biden Roadmap Signals New Era of PFAS Regulation

On October 18, the Biden administration and the U.S. Environmental Protection Agency (EPA) announced new plans for regulation of per- and polyfluoroalkyl substances (PFAS). The announcements are unprecedented in their breadth…more

Biden Administration, Chemicals, Environmental Protection Agency (EPA), PFAS

See all updates »

Owner of Professional Employer Organization Pleads Guilty to Employment Tax Charge

On Jan. 6, 2017, Janis Edwards, the owner of a professional employer organization, pleaded guilty to tax evasion arising from failing to pay over to the IRS between $3.5 million and $25 million in withholdings that her…more

Department of Justice (DOJ), Guilty Pleas, Professional Employer Organization, Tax Evasion

See all updates »

Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection

In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the…more

Biden Administration, Inspections, Obama Administration, OSHA, Safety Inspections

See all updates »

Live Update #3 - ABA Antitrust Spring Meeting, Washington, D.C.

The members of BakerHostetler’s Antitrust and Competition team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C…more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange for…more

Cooperation, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements

See all updates »

Treasury Is Seeking Public Input on Implementing EV Tax Credit Under the Inflation Reduction Act of 2022

Key Takeaways - ..The U.S. Department of the Treasury and the Internal Revenue Service are accepting public comments on the implementation of electric vehicle (EV) tax credits under the Inflation Reduction Act of 2022 (the…more

Batteries, Electric Vehicles, Inflation Reduction Act (IRA), IRS, Lithium Batteries

See all updates »

California Imposes New Rules on Employers in Worksite Enforcement Actions

With clear indications from the Trump administration that worksite immigration enforcement is near the top of the agenda for 2018, the state of California has taken a pre-emptive step to protect workers who may be affected. On…more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions

See all updates »

The Supreme Court Will Review Whether Putative Class Actions Toll the Statute of Repose for Class Members’ Individual Securities Act Claims

On January 13, 2017, the Supreme Court granted certiorari in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373 (ANZ Securities), to resolve whether the filing of a putative class action tolls the…more

American Pipe & Construction Co. v. Utah, CalPERS, CalPERS v ANZ Securities, Certiorari, Class Action

See all updates »

Navigating Expense Reimbursement Amidst the New Work-From-Home Normal

In Mid-March, much of the nation’s workforce began working from home due to the COVID-19 pandemic. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. With this unprecedented shift in working…more

Business Expenses, Coronavirus/COVID-19, Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage

See all updates »

BakerHostetler 2015 Year-End Review of Class Actions

The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action…more

Antitrust Litigation, Ascertainable Class, Class Action, Class Action Arbitration Waivers, Class Certification

See all updates »

Obscured by the Cloud? Advanced Instructional Systems and the Scourge of Online IP Theft

The conveniences of cloud computing are many, but so are the dangers of doing business in the cloud. For businesses whose intellectual property is accessible in the cloud, there is the constant threat that that intellectual…more

Cloud Computing, Cyber Crimes, Intellectual Property Protection, Misappropriation

See all updates »

[Podcast] The CARES Act Provider Relief Fund: A Moving Target

Partner Jessica Captain Novick shares insights on the CARES Act Provider Relief Fund and what providers need to know for the requirements for general distribution funds, the relevant terms and conditions, reporting requirement…more

Audits, CARES Act, Coronavirus/COVID-19, Fund Distribution, Health Care Providers

See all updates »

IRS-Provided Relief for Certain Opportunity Zone Requirements in Light of COVID-19 Pandemic Creates Year-End Planning Opportunities

In light of the disruption of business activities this year and the economic uncertainty created by the ongoing COVID-19 pandemic, the Internal Revenue Service (IRS) issued Notice 2020-39 (the IRS Notice) on June 4, 2020, which…more

Investment, IRS, Opportunity Zones, Relief Measures, Tax Benefits

See all updates »

2013 Mid-Year Securities Litigation and Enforcement Highlights

Table of Contents - I. Supreme Court Case Review (October 2012 Term) II. Rule 10b-5 Cases III. Investment Adviser and Hedge Fund Cases IV. Settlements V. Commodities and Futures Litigation and…more

Amgen Inc. v Connecticut Retirement Plans, Comcast, Commodities, Enforcement Actions, Gabelli v SEC

See all updates »

Highlights of Recently Released FATCA Regulations

On January 17, the Internal Revenue Service issued long-awaited final regulations (the Final Regulations) for implementing the Foreign Account Tax Compliance Act (FATCA) (the Final Regulations are contained in T.D. 9610). For…more

Due Diligence, FATCA, FFI, Foreign Banks, Foreign Financial Accounts

See all updates »

SEC Adopts Final Rules to Implement "Regulation A+"

As part of its mandate under the JOBS Act to facilitate capital raises by smaller companies and emerging businesses and its continuing effort to broaden the number of investment options for investors, the Securities and Exchange…more

Emerging Growth Companies, Final Rules, JOBS Act, Regulation A, Securities and Exchange Commission (SEC)

See all updates »

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the Proposed…more

Employment Contract, Enforcement Actions, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

CFPB Unveils Disclosure Forms in Response to Overutilization of Overdraft Fees

On Aug. 4, the Consumer Financial Protection Bureau (CFPB) released the results of its study into frequent overdrafters and four overdraft disclosure model forms as part of its Know Before You Owe initiative. The CFPB designed…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Debit Cards, Opt-In

See all updates »

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7 of…more

Administrative Law Judge (ALJ), Discipline, Employee Handbooks, Employer Liability Issues, Hotels

See all updates »

FAR Clauses Are in the Contract Whether You Know It or Not: Federal Circuit Affirms Continuing Vitality of Christian Doctrine

Since 1963, the federal government has relied on a doctrine first advanced in G. L. Christian & Assocs. v. United States to read certain terms and provisions into its contracts despite the lack of any express reference thereto…more

Armed Services Board of Contract Appeals, Construction Contracts, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Congress Passes Repeal of CFPB Guidance on Indirect Auto Lender Liability for Discriminatory Lending

The U.S. House of Representatives voted last Tuesday to reject a 2013 Consumer Financial Protection Bureau (CFPB) bulletin that provided guidance regarding liability for discrimination in indirect auto lending. The same measure…more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Discrimination, ECOA

See all updates »

Swimming Upstream Part II: New Incident and Annual Reporting Requirements for Rural Gas Gathering Lines

In our last article, we introduced the recently finalized New Rule of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which expands safety and reporting requirements to previously unregulated onshore gas…more

Oil & Gas, PHMSA, Pipelines, Reporting Requirements

See all updates »

2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for…more

Blockchain, CFTC, Corruption, Cross-Border, Cryptocurrency

See all updates »

Are Federal Reserve Banks People Too? Federal Circuit Clarifies ‘Persons’ Capable of Petitioning for Post-Grant Patent Review Under the America Invents Act

The Federal Reserve has been at the forefront of daily news in connection with its efforts to revive the national economy in the wake of the COVID-19 pandemic. At the same time, the U.S. Court of Appeals for the Federal Circuit…more

America Invents Act, Banks, Federal Reserve, Patent Litigation, Patents

See all updates »

ISS Releases Details on Governance QuickScore 2.0

Late last month, Institutional Shareholder Services Inc. (ISS) reported its updates and enhancements to Governance QuickScore, its governance risk assessment tool, which will be used to score public companies during the 2014…more

Corporate Governance, Institutional Shareholder Services (ISS), QuickScore

See all updates »

New DC Law Protects Marijuana Users from Adverse Employment Actions

Washington, D.C., employers will soon be prohibited from disciplining, terminating or refusing to hire individuals based on marijuana use or a positive marijuana test. The Cannabis Employment Protections Amendment Act of 2022…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Marijuana

See all updates »

What Happens If… Potential Election Outcomes and What They Could Mean

Election Day could produce massive changes in Washington and in the policies that would affect every American and every company. Even a status quo election could produce lasting regulatory consequences for key stakeholders. Just…more

Climate Change, Corporate Governance, Donald Trump, Federal Budget, Filibuster

See all updates »

The Lines Are Open! DOJ Adds New Tool in Anticorruption Efforts With Whistleblower Pilot Program

Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA Conference),…more

American Bar Association (ABA), Anti-Corruption, Bribery, Cooperation, Criminal Prosecution

See all updates »

Seventh Circuit Holds Attorney is Bound to $3.54m Class Settlement Fee Agreement He Did Not Sign

On February 14, 2014, the Seventh Circuit ruled that a plaintiff’s attorney was bound by the terms of a class action settlement involving alleged malfeasance in the laying of fiber-optic cables by telecommunications companies on…more

Class Action, Settlement, Signatures, Telecommunications

See all updates »

Token Litigation Cases Reach Milestones, Stablecoins and CBDCs Gain Attention, CFTC Approves Guidelines for ‘Actual Delivery’ of Virtual Currency

Telegram, Kik and Tezos Cases Reach Milestones in Blockchain Token Litigation - On May 24, the U.S. District Court for the Southern District of New York granted the Securities and Exchange Commission’s (SEC) motion for a…more

Blockchain, CFTC, Cryptocurrency, Initial Coin Offering (ICOs), Preliminary Injunctions

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Public Sector Unions Dodge a Bullet on Non-Member Fees

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam…more

Collective Bargaining, Fair Share Law, First Amendment, Friedrichs v CA Teachers Association, Opt-Outs

See all updates »

From Virtual Classes to Class Actions: Higher Education Policy, Litigation and Antitrust Considerations in Responding to the COVID-19 Pandemic

Among the industries disrupted by the COVID-19 public health crisis has been the educational sector, as universities across the country have been forced to shutter their campuses and transition to virtual remote learning. Public…more

Class Action, Coronavirus/COVID-19, Online Education, Refunds, Universities

See all updates »

Second Circuit Holds That Minority Bondholders Cannot Avail Themselves of the Trust Indenture Act

While out-of-court restructurings can help companies in need, they can negatively impact minority bondholders. Minority bondholders displeased with out-of-court restructurings looked to a 2015 decision interpreting the Trust…more

Bonds, Commercial Bankruptcy, Creditors, Debt Restructuring, Section 316(b)

See all updates »

Destination Medicine: Not Just for the Rich and Famous

OIG okays providing modest hotel and meal accommodations for rural and financially needy patients. The U.S. Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers, OIG, Remuneration

See all updates »

Ransomware, COVID-19 and Regulations: Healthcare Entities Confront a Triple Threat

Given what the healthcare industry faced in 2020, the seventh edition of our Data Security Incident Response (DSIR) Report, “Disruption and Transformation,” is aptly titled. As if fighting the COVID-19 pandemic weren’t enough…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

See all updates »

FCC’s Final Privacy Rule – How Final Is It?

The Federal Communications Commission (FCC) adopted an order on Oct. 27, 2016, which started to go into effect this month, regarding privacy and data security obligations for broadband internet access service (BIAS) providers…more

Breach Notification Rule, Broadband, Broadband Internet Access Services (BIAS), Customer Proprietary Network Information (CPNI), FCC

See all updates »

Despite Growing Federal Support, Carbon Capture and Storage Developers Face Permitting Challenges and Strong Local Opposition in the Midwest

Navigator CO2 Ventures – backed by prominent investors and a leading energy company – recently scrapped its proposed Heartland Greenway project. The project aimed to build more than 1,300 miles of pipeline across five Midwest…more

Carbon Capture and Sequestration, Carbon Emissions, Energy Projects, Ethanol, Pipelines

See all updates »

[Podcast] Navigating the Fine Line Between Obviousness and Obviousness-Type Double Patenting

Partner Stephanie Lodise, Ph.D., and Patent Agent Tracy Palovich, Ph.D., break down the differences between obviousness rejections and obviousness-type double patenting rejections. They then provide important prosecution…more

Intellectual Property Protection, Obviousness, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Prosecution

See all updates »

FDA Announces Impact of Ending COVID-19 Public Health Emergency

On March 13 the FDA officially issued a Federal Register notice to explain how the end of the COVID-19 PHE declaration will impact the Agency’s 72 COVID-related guidance documents currently in effect. The notice comes as the…more

Biden Administration, Coronavirus/COVID-19, Food and Drug Administration (FDA), Guidance Documents, Prescription Drugs

See all updates »

IRS Extends Some Section 1031 "Like-Kind" Exchange Deadlines

On Thursday, April 9, the Internal Revenue Service (IRS) issued Notice 2020-23 (the IRS Notice), which extends several deadlines, specifically including deadlines regarding Section 1031 “like-kind” exchanges…more

Deadlines, IRS, Popular, Tax-Deferred Exchanges

See all updates »

Monetizing Renewable Credits Part II - Final Regulations on Transfers of Renewable Credits

As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits and enacted under § 6418 an election that allows eligible taxpayers to…more

Final Rules, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Production Tax Credit

See all updates »

Here We Go Again: The National Labor Relations Board Reintroduces Chaos to Employee Handbooks

There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The…more

Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies

See all updates »

ISS Launches Special Interest Proxy Advisory Guidelines

The Business Roundtable Statement on the Purpose of a Corporation and the annual CEO letter penned by BlackRock Chairman and Chief Executive Officer Larry Fink made waves in the discourse on good corporate governance when each…more

Corporate Governance, Institutional Shareholder Services (ISS), Proxy Season, Proxy Voting Guidelines

See all updates »

Big Money in Play: NCAA Permits School Assistance with NIL Activity

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include…more

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

See all updates »

Federal Circuit Confirms That the BPCIA Always Requires Post-Licensure Notice

The Federal Circuit answered one of the questions left open by its July 27, 2015, decision in Amgen Inc. v. Sandoz Inc. (Appeal No. 2015-1499): whether the 180-day commercial marketing notice under the Biologics Price…more

Amgen, Biosimilars, BPCIA, Food and Drug Administration (FDA), Patent Dance

See all updates »

Will Congress Finally Act? The ABI Commission on Business Bankruptcy Reform: Exiting the Case - Changes to the Plan Confirmation Process

This is the sixth in a series of alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies (the “Commission”). This alert covers the Commission’s…more

American Bankruptcy Institute, Bankruptcy Code, Bankruptcy Reform, Chapter 11, Commercial Bankruptcy

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

FTC Issues Native Ad Guidance

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC…more

Disclosure, Federal Trade Commission (FTC), FTC Act, Native Advertising, Section 5

See all updates »

Hospital’s Failure to Abate Patient and Visitor Violence Against Employees Results in OSHA Penalty

Hospitals, remarkably, are one of the most hazardous places to work. According to the U.S. Bureau of Labor Statistics, hospital workers have an estimated rate of 8.3 assaults per 10,000 workers compared to an estimated 2…more

Assault, Employer Liability Issues, Enforcement Actions, Hospitals, NIOSH

See all updates »

Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge?

Patent owners need to be wary of the pitfalls when attempting to procure follow on patents to an existing technology. It could turn out your own patents could be used against others in the portfolio to render them invalid or cut…more

Double Patent, Intellectual Property Protection, Patent Invalidity, Patent Litigation, Patent Portfolios

See all updates »

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of Things - March 9th, Washington, DC

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources…more

Automotive Industry, Connected Cars, Continuing Legal Education, Cybersecurity, Data Breach

See all updates »

California Supreme Court Clarifies “Day of Rest” Requirements

California’s employment laws have consistently caused headaches for employers because even minor technical violations of these laws can fuel class action litigation and prove costly. However, a recent decision by the…more

CA Supreme Court, Class Action, Employer Liability Issues, Labor Code, Nordstrom Inc.

See all updates »

The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims

Partner Matt Pearson discusses the reach of the California Invasion of Privacy Act (“CIPA”) and how a California statute could apply to companies that have little, if any, presence in California. Questions & Comments:…more

California, CIPA, Electronic Communications, Electronic Monitoring, Invasion of Privacy

See all updates »

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue..…more

Bid Protests, Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

See all updates »

Financial Services 2017 Year-End Report

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018. …more

Arbitration Agreements, Chapter 11, Commercial Bankruptcy, Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Is China’s Personal Information Protection Law Contributing to the Global Supply Chain Snafu?

Less than a month after China’s Personal Information Protection Law (PIPL) took effect, ships in Chinese waters began disappearing from industry tracking systems. While the PIPL governs the collection and cross-border transfer…more

China, Data Privacy, International Data Transfers, Personal Information, Personal Information Protection Law (PIPL)

See all updates »

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the soil…more

Contamination, DuPont, Groundwater, Manufacturers, RCRA

See all updates »

Mobile Apps and Websites Face New COPPA Requirements Starting July 1

In one month, on July 1, 2013, the Federal Trade Commission’s most recent amendments to its Children’s Online Privacy Protection Act Rule (“COPPA Rule”) will go into effect. These changes include a variety of requirements…more

Actual or Constructive Knowledge, Amended Legislation, Consent, COPPA, Federal Trade Commission (FTC)

See all updates »

Live Update #2 - ABA Antitrust Spring Meeting, Washington, D.C.

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C…more

Alston v NCAA, Antitrust Violations, College Athletes, Criminal Antitrust Litigation, Department of Justice (DOJ)

See all updates »

Key Sanctions Developments During the First Quarter of 2024

During the first quarter of 2024, there were significant developments in the U.S. sanctions framework. This report summarizes the key developments and provides links to the relevant sources…more

Biden Administration, Burma, Civil Penalty Fund, Compliance, Counter-Terrorist

See all updates »

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and…more

Arbitration, Arbitration Agreements, California, Federal Arbitration Act

See all updates »

New Crypto Products in U.S. and Abroad, Enterprise Pilots Announced, Data Published on Cryptocurrency Scams and Money Laundering

DFS Issues New BitLicenses, Corda Gains Integration Partners, New Stablecoin Launched - Late last week, the New York State Department of Financial Services (DFS) granted the DFS BitLicense to Robinhood Crypto LLC and Moon Inc.,…more

Bitcoin, Cryptocurrency, Digital Currency, Enforcement Actions, Initial Coin Offering (ICOs)

See all updates »

Stand and Be Counted: Determining Full-Time Employees Who Must Be Offered Affordable Health Benefit Coverage Under The Employer Mandate

The article "Start Counting," published in the June 3, 2013, edition of the Benefits Broadcast discussed how employers must "count" themselves into compliance with the ACA, and how the number of employees affects whether an…more

Affordable Care Act, Employer Mandates, Full-Time Employees, Health Insurance Exchanges, Healthcare

See all updates »

Colorado's Newly Enacted Expanded COVID-19 Paid Leave and Heightened Whistleblower and PPE Protections

On July 14, 2020, Colorado Governor Jared Polis signed two bills requiring Colorado employers to take immediate action: the Healthy Families and Workspaces Act (HFWA) and the Public Health Emergency Whistleblower (PHEW) law…more

Anti-Retaliation Provisions, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Governor Polis, Paid Leave

See all updates »

Senate Bill Would Force Company Cyber Disclosure on SEC Filings

Amid growing alarm on Capitol Hill over cybersecurity and data privacy, new Senate legislation would require publicly traded companies to disclose in Securities and Exchange Commission (SEC) filings whether they have…more

Corporate Governance, Corporate Officers, Cybersecurity, Disclosure Requirements, Legislative Agendas

See all updates »

Courts’ Consistent Application of Stevens to State Institutions of Higher Learning

The United States Supreme Court recently declined review of the First Circuit Court of Appeals’ ruling that the University of Massachusetts Medical School was an “arm of the state,” and thus, not subject to the federal False…more

Educational Institutions, False Claims Act (FCA), Medical School

See all updates »

EPA Finalizes a Rule Excluding Reusable and Disposable Wipes from Hazardous Waste Regulation

Businesses spend millions of dollars each year disposing of solvent-contaminated rags, towels and other wipes. Much of the high cost stems from the fact that, under existing regulations, wipes contaminated with hazardous…more

Environmental Protection Agency (EPA), Hazardous Substances, Labeling, Recordkeeping Requirements, Waste Disposal

See all updates »

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings to…more

Arbitral Authority, Discovery, Discovery Rule, Foreign Arbitration Clauses, Jurisdiction

See all updates »

Texas Business Courts

On June 10, Governor Greg Abbott signed House Bill 19 into law — creating a new specialty court in Texas. These new courts will have significantly limited jurisdiction and are intended to provide a more efficient venue for the…more

Business Court, Business Disputes, Governor Abbott, Rules of Civil Procedure, State Courts

See all updates »

Still Waiting For Guidance on Material Participation

In March 2014, I commented on the US Tax Court decision in the Frank Aragona Trust case. In that case, the tax court disagreed with the Internal Revenue Service’s arguments that a trust was incapable of providing “personal…more

AICPA, American Bar Association (ABA), IRS, Personal Services, Tax Court

See all updates »

Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected Cars…more

Automotive Industry, Connected Cars, Corporate Counsel, Data Privacy, Federal Trade Commission (FTC)

See all updates »

Georgia Enacts New AKS Statute Aimed at Substance Abuse Referrals

On July 1, 2021, a new Georgia anti-kickback statute (AKS), Senate Bill 4 (SB4), became effective. SB4 prohibits providers of substance abuse treatment from engaging in patient brokering, and specifically makes it unlawful for…more

Anti-Kickback Statute, Georgia, Health Care Providers, Substance Abuse

See all updates »

Blockchain Announcements in Supply Chain, Genomics, IoT, Trade Finance and Bitcoin Futures; More SEC ICO Enforcement

From Cattle to Coffee to Cannabis: Enterprises Continue to Test Blockchain Supply Chain Solutions - Late last week, the Irish Cattle Breeding Federation (ICBF) revealed a blockchain proof-of-concept with consulting company…more

Blockchain, Copyright, Cryptocurrency, Distributed Ledger Technology (DLT), Financial Institutions

See all updates »

New Jersey Tax Court Eliminates Non-Profit Hospital’s Property Tax Exemption

On June 25, 2015, a New Jersey Tax Court issued a significant opinion in the case of AHS Hospital Corp. d/b/a Morristown Memorial Hospital v. Town of Morristown, upholding the Town of Morristown’s denial of Morristown Memorial…more

Affordable Care Act, CFOs, Corporate Counsel, Healthcare, Hospitals

See all updates »

2017 Class Action Review

We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class…more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

See all updates »

The ABI Commission on Business Bankruptcy Reform: Paying "Critical Vendors" - Will Congress Finally Act?

This is the second in a series of Alerts regarding the proposals made by the American Bankruptcy Institute’s Select Commission to Reform Chapter 11 Business Bankruptcies. It covers the Commission’s recommendations about the…more

American Bankruptcy Institute, Bankruptcy Code, Bankruptcy Reform, Commercial Bankruptcy, Creditors

See all updates »

OSHA Proposes Changes to its Recordkeeping Rules that Would Make Injury and Illness Data Available to the Public

The Occupational Safety and Health Administration (OSHA) issued proposed rules that would require certain employers to electronically submit injury and illness information to OSHA on a periodic basis. Encouraged by President…more

Bureau of Labor Statistics, Compliance, OSHA, Recordkeeping Requirements, Workplace Injury

See all updates »

The Ninth Circuit Bows to Supreme Court Authority Affirms Three Principles Supporting Removal of CAFA Removal Cases

The Class Action Fairness Act of 2005 (“CAFA”) grants federal courts jurisdiction to preside over certain class action cases where, based on the claims alleged, the amount in controversy is more than $5 million, among other…more

CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Jurisdiction, Rest and Meal Break

See all updates »

Re-examining the M&A Playbook for Non-consenting Stockholders in Light of Cigna Health

In a case that is likely to impact M&A structuring for certain transactions, the Delaware Court of Chancery held that (1) stockholder release obligations found only in a letter of transmittal and not in the related merger…more

CIGNA, Consideration, Delaware General Corporation Law, Healthcare, Indemnification Clauses

See all updates »

On Second Thought — The Ohio Supreme Court Reverses Course and Holds that a Merger Does Not Trigger the Beginning of a Noncompetition Period

In October, the Ohio Supreme Court reconsidered and reversed, in part, its May 24, 2012, decision in Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-2297 (Acordia I), which sharply restricted the ability of employers to enforce…more

Non-Compete Agreements

See all updates »

Balancing Transparency and Secrecy in Class Action Settlements

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right to…more

CAFA, Class Action, Federal Rules of Civil Procedure, FRCP 23, Settlement Agreements

See all updates »

[Podcast] 2022 DSIR Report Deeper Dive: The Expanding Landscape of State Data Privacy Laws

The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021. This episode takes us deeper into the expanding…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Will New IEEE Standards Policy Devalue Standards Essential Patents?

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) adopted a new patent policy for standards-essential patents (SEPs) in IEEE standards. This comes in the midst of rapid developments in the high…more

IEEE, IP License, Patents, RAND, Standard Essential Patents

See all updates »

Traditional and Crypto Firms Across Globe Launch New Initiatives, UN Designs Blockchain Land Registry, Privacy Wallets Spark Debate, Crypto Enforcement Continues

Cryptocurrency Firms and Legacy Financial Institutions Worldwide Make Crypto Moves - Two cryptocurrency firms filed applications this week with the Office of the Comptroller of the Currency to become federally regulated banks in…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Financial Institutions

See all updates »

Standing in Uncertainty: Spokeo Three Years Later

In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm”…more

Class Action, Cy Pres Funds, Frank v Gaos, FRCP 23(e), Remand

See all updates »

Seller's Directors Beware: You May Be Liable When the Buyer's Leveraged Buyout Goes Bad

For the past two decades, courts have afforded directors and officers considerable protection for a good-faith decision to proceed with a highly leveraged sale that ultimately led to bankruptcy or liquidation. Courts are…more

Buyers, Corporate Governance, Liability, Private Equity, Sellers

See all updates »

With States Beginning to Issue ‘Stay at Home' Orders, Focus Turns to ‘Essential' Businesses That Can Remain Open

In an effort to contain the COVID-19 virus, states have begun issuing in rapid succession “shelter in place” directives that require nonessential businesses to close their doors and nonessential workers to stay home. Depending…more

Business Closures, Coronavirus/COVID-19, Infectious Diseases, Operators of Essential Services, Shelter-In-Place

See all updates »

House and Senate Advance President Biden's Far-Reaching 2021 Tax Changes

The House Ways and Means Committee this week released draft legislation advancing various tax change proposals. The House action follows several recent releases by the Senate Finance Committee, including proposals focused on…more

Biden Administration, Capital Gains Tax, Corporate Taxes, Popular, SALT

See all updates »

SEC’s Scrutiny of AI Expands to Marketing Disclosures and Adviser Exams

Chair Gensler Continues to Be Outspoken About the Risks of AI Technologies - Chair Gensler’s warnings of the potential risks associated with the use of AI technologies in the securities industry recently continued with him…more

Artificial Intelligence, Broker-Dealer, Financial Regulatory Reform, Financial Services Industry, Investment Adviser

See all updates »

Considerations for 3D Printing of Medical Devices, Accessories, Components and Parts During the COVID-19 Pandemic

The medical device industry and the Food and Drug Administration (FDA) have been experimenting with three-dimensional (3D) printing for years. Shortages of medical devices such as personal protective equipment (PPE) and…more

3D Printing, Coronavirus/COVID-19, Food and Drug Administration (FDA), Manufacturers, Medical Devices

See all updates »

Ninth Circuit Narrows Already Slim Exception to Rule Barring Post-Removal Amendments to Avoid CAFA Jurisdiction

A plaintiff will rarely be permitted to amend its class action complaint after removal to avoid federal jurisdiction under the Class Action Fairness Act (CAFA). That is the takeaway from the Ninth Circuit Court of Appeals’…more

Amount in Controversy, CAFA, Class Action, Jurisdiction

See all updates »

Federal Circuit Inventorship Decision Literally Saves the Appellant’s Bacon - and Reiterates the Framework for Assigning and Analyzing Inventorship

In HIP, Inc. v. Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision –…more

Hormel, Inventors, Joint Ownership, Patent Litigation, Patents

See all updates »

Securities and Governance Updates – January 2017

As part of BakerHostetler’s commitment to serve as a strategic business partner, we are pleased to publish this first edition of our Securities & Governance Bulletin. This resource is designed to keep executives, corporate…more

Clawbacks, Conflict Mineral Rules, Corporate Governance, Directors, Dodd-Frank

See all updates »

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion of the Constitutionality of Such Whistleblower Cases

On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss a…more

Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Rules of Civil Procedure

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

AD Nauseam: A Different Type of Imposter Syndrome

On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com…more

Advertising, Federal Trade Commission (FTC), FTC Act, Misleading Impressions, Misrepresentation

See all updates »

Supreme Court Expands Understanding of Rico “Domestic Injury” Requirement in Yegiazaryan v. Smagin

On June 22, 2023, in Ashot Yegiazaryan, aka Ashot Egiazaryan v. Vitaly Ivanovich Smagin, et al., the United States Supreme Court held that the determination of whether a nonresident plaintiff suffered a domestic injury for the…more

Domestic Injury, Foreign Nationals, Residency Requirements, RICO, SCOTUS

See all updates »

2015 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2015 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we believe…more

401k, Administrative Procedure Act, Bank of New York (BNY) Mellon, Broker-Dealer, CFTC

See all updates »

Commercial Real Estate Closings in the COVID-19 Climate: Practical Considerations

States and local municipalities throughout the nation have recently instituted, by means of emergency orders and similar actions (collectively, SIP Orders), shelter-in-place obligations aimed at limiting the spread of the novel…more

Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19

See all updates »

Clear Expectations: DOJ Outlines Tenets of an Effective Antitrust Compliance Program

There has never been a greater emphasis on policing anticompetitive behavior worldwide. Dozens of countries have instituted effective and aggressive cartel enforcement programs following a trend of increased global enforcement,…more

Antitrust Division, Antitrust Provisions, Compliance, Department of Justice (DOJ), Strategic Enforcement Plan

See all updates »

[Webinar] Healthcare Issues In Asset-Based Lending - May 8th, 12:00pm ET

As consolidation and payment reform continue to drive healthcare transactions, the healthcare industry has been eager to tap into capital provided by asset-based lenders. This webinar will discusses healthcare regulatory…more

Capital Assets, Commercial Loans, Continuing Legal Education, Corporate Practice of Dentistry, Corporate Practice of Medicine

See all updates »

Bill for Local CARES Act Funding and Capital Reappropriation (Without Amending Government Contracting Laws) Reaches Gov. DeWine's Desk

On June 11, 2020, after a month of legislative wrangling, Ohio’s General Assembly passed House Bill 481, which provides for (1) the distribution of $350 million in Coronavirus Aid, Relief, and Economic Security (CARES) Act…more

CARES Act, Coronavirus/COVID-19, Governor DeWine

See all updates »

2023 DSIR Deeper Dive: How International and Domestic Regulatory Enforcement Spotlights the Information Governance Tensions Between ‘There’ and ‘Here’ and Between ‘Keep’ and ‘Delete’

We’re back with a deeper dive into the 2023 Data Security Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022. This episode dives deeper into information governance. Questions &…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy

See all updates »

Banks, Broker-Dealers and Other Financial Institutions Face May 11 Deadline To Comply with FinCEN’s Customer Due Diligence Rule

Six years after the Financial Crimes Enforcement Network (FinCEN) originally proposed its Customer Due Diligence (CDD) Rule, the deadline for financial institutions to comply draws near. Banks, broker-dealers, mutual funds and…more

Anti-Money Laundering, Banks, Beneficial Owner, Broker-Dealer, Customer Due Diligence (CDD)

See all updates »

Proposed Regulations Define Donor Advised Funds

Donor advised funds (DAFs) are wildly popular with donors because they reduce the costs and administrative burdens of charitable grants and investing, thereby increasing amounts available for charitable giving. Since 2009,…more

Charitable Organizations, Donor-Advised Funds (DAFs), Excise Tax, IRS, Proposed Regulation

See all updates »

SEC Director of Enforcement Warns of a ‘Perfect Storm’ Developing Around AI

Director of Enforcement of the U.S. Securities and Exchange Commission (SEC or Commission) Gurbir Grewal warns of the risks surrounding artificial intelligence (AI) related disclosures and puts investment advisers and public…more

Artificial Intelligence, Corporate Governance, Environmental Social & Governance (ESG), Securities and Exchange Commission (SEC), Securities Violations

See all updates »

The Lagarde Prosecution: A Blow to Finality in Investor-State Arbitration?

On December 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French…more

Arbitration, Arbitration Awards, Arbitrators, International Arbitration

See all updates »

SEC Chief Accountant Warns About Need for Comprehensive Risk Assessments

For years, regulators have emphasized that the starting point for maintaining an effective compliance program is understanding the particular risks the company faces. According to Munter, this same concept applies to financial…more

Corporate Governance, Financial Reporting, Financial Statements, Internal Controls, Privately Held Corporations

See all updates »

Thoughts on Working with B2B Influencer

There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to 10,…more

Advertising, Audits, B2B Organizations, Brand, Endorsements

See all updates »

District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope

Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification by…more

Asbestos, Basic v Levinson, Class Action, Class Certification, Construction Industry

See all updates »

SEC Chief Accountant Warns About Need for Comprehensive Risk Assessments

For years, regulators have emphasized that the starting point for maintaining an effective compliance program is understanding the particular risks the company faces. According to Munter, this same concept applies to financial…more

Corporate Governance, Financial Reporting, Financial Statements, Internal Controls, Privately Held Corporations

See all updates »

Crypto Products Launch in Payments, Data Management, Wireless Networks; FASB Updates Crypto Accounting Rules; Crypto Enforcement and Hacks Persist

Crypto Initiatives Focus on Latin America; New Tether Policy Aligns with OFAC - According to a press release, earlier this month Circle Internet Financial announced a partnership with Nubank, one of Latin America’s largest…more

Blockchain, Cryptocurrency, Department of Justice (DOJ), Digital Assets, FASB

See all updates »

FINRA Offers Regulatory Road Map for 2013

On January 11, 2013, the Financial Industry Regulatory Authority (FINRA) issued its annual Regulatory and Examination Priorities Letter (Priorities Letter) to member firms, which highlights its primary areas of focus for the…more

Algorithmic Trading, Cybersecurity, Financial Industry Regulatory Authority (FINRA), High Frequency Trading, Insider Trading

See all updates »

Weekly Blockchain Blog - April 2024 #5

Hong Kong Approves Crypto ETFs; Crypto Security, Payments Products Launch - According to recent reports, the Hong Kong Securities and Futures Trading Commission has conditionally approved the launch of the first spot bitcoin…more

Bitcoin, Bitcoin Mining, Blockchain, Criminal Prosecution, Cryptocurrency

See all updates »

The King (of Asian Investment Treaties) is Dead. Long Live the King?

For U.S. companies looking to protect their investments in Asia from political and regulatory risk, one large door may have closed, but another could be opening. While U.S. domestic politics seem to have put an end to the…more

Asia, China, Corporate Counsel, Free Trade Agreements, Global Market

See all updates »

DSIR Deeper Dive: Class Certification Jurisprudence

Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense…more

Actual Injuries, Class Action, Class Certification, Dark Web, Data Breach

See all updates »

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking of Property that Entitles a Commercial Tenant to Relief?

As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Fifth Amendment, Fourteenth Amendment

See all updates »

[Event] CLE Event: "Whistling at Work" - December 7th, Columbus OH

The Top 5 Issues for Navigating the Employment Relationship to Avoid and Defend Whistleblower Retaliation Complaints Topics - - Whistleblower 101: Law and Process - Whistleblower and Compliance Policies: Prevention…more

Compliance, Continuing Legal Education, Defense Strategies, Employer Liability Issues, Retaliation

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Supreme Court Orders That Mifepristone Remain Widely Available Pending Appeal in Fifth Circuit

On Friday, April 7, the Northern District of Texas issued a decision blocking the prescribing and dispensing of mifepristone nationwide. The court held that plaintiffs had a substantial likelihood of success on the merits…more

Abortion, Appeals, Arbitrary and Capricious, Department of Justice (DOJ), Prescription Drugs

See all updates »

OCR releases YouTube Addressing “Recognized Security Practices” in HIPAA Enforcement Context

As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior OCR…more

Business Associates, Covered Entities, Data Protection, Data Security, Health Care Providers

See all updates »

The EEOC Amplifies its Focus on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the EEOC issued new technical…more

Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Religious Discrimination, Title VII

See all updates »

[Podcast] EEO-1 Reporting and Implications Under the Biden Administration: Is Your Data in Order?

Associate Mitch Robinson and Partner Shareef Farag, co-leader of Wage and Hour practice team, address considerations for employers when handling EEO-1 Reporting during the Biden Administration and assess what future federal…more

Biden Administration, Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors

See all updates »

Second Circuit Rejects DOJ's Expansive Theory of Conspiracy and Accomplice Liability Under the FCPA for Foreign Nationals

On August 24, 2018, nearly 18 months after hearing oral argument, the U.S. Court of Appeals for the Second Circuit issued a decision in United States v. Hoskins, that significantly limits the Department of Justice’s (“DOJ”)…more

Aiding and Abetting, Criminal Conspiracy, Criminal Prosecution, Department of Justice (DOJ), Extraterritoriality Rules

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Planning for the Distribution of Tangible Personal Property: An Ounce of Planning Is Worth a Pound of Family Harmony

One of the most overlooked elements of an estate plan is the planning for the distribution of a person’s tangible personal property. This property, which many people commonly referred to as “belongings,” encompasses jewelry,…more

Estate Planning, Tangible Property

See all updates »

NAIC Adopts Model Bulletin on Artificial Intelligence

On December 4, the National Association of Insurance Commissioners unanimously adopted a model bulletin on the use of artificial intelligence in insurance. The model bulletin is intended for use by state insurance regulators to…more

Artificial Intelligence, Insurance Industry, Insurance Regulations, NAIC

See all updates »

2017 Mid-Year Securities Litigation and Enforcement Highlights

Welcome to the 2017 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey – in addition to our Practice Team…more

Broker-Dealer, CFTC, Commodities, Dodd-Frank, Enforcement Actions

See all updates »

Satisfying Employee Benefit Plan Disclosure, Notice and Election Requirements During a Pandemic and Beyond

The Internal Revenue Code (the Code) and the Employee Retirement Income Security Act (ERISA) set forth numerous disclosure, notice and election requirements for employee benefit plans. These communications can involve thousands…more

Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC), IRS

See all updates »

Departments of Energy and Interior Announce New Collaborative Strategy to Grow the Offshore Wind Industry

On Sept. 9, the U.S. Department of Energy and the U.S. Department of the Interior jointly announced their collaborative plan, the National Offshore Wind Strategy: Facilitating the Development of the Offshore Wind Industry in the…more

Department of Energy (DOE), Department of the Interior, Renewable Energy, Wind Power

See all updates »

May I Pay Your Taxes?: Colorado Enacts a New Grantor Reimbursement Statute

Grantor trusts are a powerful tool in estate planning in part because they facilitate depletion of the grantor’s estate by the grantor’s payment of income taxes attributable to the trust…more

Estate Planning, Grantor Trusts, New Legislation, Reimbursements

See all updates »

Patent-demic: How COVID-19 Has Affected Patent Litigation

As it has almost every industry and business around the world, the COVID-19 pandemic has altered the practice of law. While these unprecedented times present myriad problems, patent attorneys are among the best equipped to adapt…more

Coronavirus/COVID-19, Patent Litigation, Patents

See all updates »

Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy

In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection…more

Asset Freeze, Bahamas, Commercial Bankruptcy, Crypto Exchanges, Cryptocurrency

See all updates »

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

​​​​​​​Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District…more

Antitrust Immunity, Class Action, Consent Decrees, Educational Institutions, Enforcement Actions

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

FDA Issues Final Guidance on Registration and Listing of Cosmetic Product Facilities and Products

Last month the United States Food and Drug Administration (“FDA”) issued its final guidance (“Guidance”) for the industry on cosmetic product facility registrations and product listings, as required by the Modernization of…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Final Guidance, Food and Drug Administration (FDA), Labeling

See all updates »

Supreme Court Extends Public Sector Employees' First Amendment Rights

A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public…more

Demotions, First Amendment, Free Speech, Heffernan v City of Paterson, Hiring & Firing

See all updates »

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because…more

Duty to Defend, Insurance Litigation, Liability Insurance, Marketing, Policy Exclusions

See all updates »

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance…more

Confidentiality Agreements, Contract Terms, Corporate Counsel, NLRA, NLRB

See all updates »

FAST Recovery Act Establishes Council to Dictate Sectorwide Minimum Standards on Wages, Hours and Other Working Conditions

​​​​​​​A new California law, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or AB 257), creates the Fast Food Council, which is charged with dictating minimum standards for employees of fast-food…more

Advisory Board, Anti-Discrimination Policies, Fast-Food Industry, Food Service Workers, Franchises

See all updates »

2024 Elections: The Race for the White House and Congress

BakerHostetler’s Federal Policy team leads an insightful discussion on the upcoming 2024 presidential and congressional elections. The race for the White House and Congress is shaping up like nothing we’ve ever witnessed before…more

Congressional Investigations & Hearings, Congressional Nominations, Donald Trump, Joe Biden, Legislative Agendas

See all updates »

Two Years Since Sapin II: Is France Now a Player in the Global Anti-Corruption Enforcement Arena?

In December 2016, the French Parliament passed a landmark anti-corruption law, Law No. 2016-1691 on Transparency, Fighting Corruption and Modernising Economic Life (the “Sapin II” or the “Law”), which strengthened the country’s…more

Anti-Corruption, Bribery, Corruption, Criminal Prosecution, France

See all updates »

Borrower Beware: Future Government Investigations and Whistleblower Liability Based on the CARES Act Paycheck Protection Program

Last month, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in response to the economic crisis that has been created by the COVID-19 pandemic. The CARES Act established the Paycheck…more

Borrowers, CARES Act, Civil Liability, Coronavirus/COVID-19, Criminal Liability

See all updates »

It’s a Mixed Salad for the ‘Natural’ and ‘Pure’ Claims for Foods With Trace Pesticides

Can you call your processed food product “natural” or “pure” when it contains a residual amount of an herbicide or pesticide that the manufacturer did not add but was used by a producer in growing an ingredient in the product?…more

Food and Drug Administration (FDA), Herbicides, Labeling, Pesticides

See all updates »

Privacy-Forward California AG Xavier Becerra Confirmed as Next HHS Secretary

On March 19, 2021, Xavier Becerra was confirmed as the secretary of the U.S. Department of Health and Human Services (HHS). HHS is the federal regulatory body that oversees the Office for Civil Rights (OCR), which is the primary…more

Biden Administration, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), OCR

See all updates »

It’s About Time (But Not Quite Yet)

The comment period for the Notice of Proposed Rule Making (NPRM) regarding proposed changes to the Human Subjects Protection “Common Rule” issued by 16 federal departments and agencies in September has been extended an…more

Clinical Trials, Comment Period, Department of Health and Human Services (HHS), Healthcare, NPRM

See all updates »

Biden's New HHS Secretary Promises "Robust Enforcement"

Introduction - On March 18, 2021, the Senate narrowly confirmed Xavier Becerra, the former attorney general of California, as U.S. Department of Health and Human Services (“HHS”) Secretary…more

Compliance, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

See all updates »

Five Things to Know About the Medicare SGR Fix

H.R. 2, the Medicare Access and CHIP Reauthorization Act (MACRA), was signed into law by President Obama on April 16, 2015. A broad bipartisan compromise measure, MACRA repeals the much-maligned sustainable growth rate (SGR)…more

Children's Health Insurance Program (CHIP), Health Care Providers, Hospitals, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

See all updates »

President Biden's Executive Order: A Revolution in Antitrust Enforcement?

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy. According to the fact sheet that accompanied the order, competition in the U.S. economy is in dire straits…more

Biden Administration, Competition, Enforcement, Executive Orders, Federal Trade Commission (FTC)

See all updates »

Could Careless Coders Face False Claims Liability?

New Software Development Security Attestation and Related False Claims Act Liability for Commercial and Noncommercial Software Developers and Suppliers - Key takeaway - Software producers at all levels in the federal…more

Certification Requirements, False Claims Act (FCA), Federal Contractors, NIST, OMB

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

Adapting E-Discovery Workflows to a Remote Work Environment

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice…more

Coronavirus/COVID-19, Data Protection, e-Discovery, Remote Working

See all updates »

[Podcast] Artificial Intelligence: Risks and Rewards

The pitfalls of modern technology have become clearer with the advent of generative AI, requiring companies to adopt AI usage policies. This year, our attorneys have seen noteworthy growth in requests for counsel involving the…more

Artificial Intelligence, Computer-Related Inventions, Innovative Technology, Intellectual Property Protection, Inventions

See all updates »

A Welcome Sea Change For Employers Defending FLSA Collective Action Cases

A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally…more

Appeals, Class Certification, Collective Actions, Defense Strategies, Employer Liability Issues

See all updates »

2017 Year-End Securities Litigation and Enforcement Highlights

Welcome to the 2017 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey of matters we believe to be of interest to…more

Confidential Information, Criminal Prosecution, Illegal Tipping, Insider Trading, SCOTUS

See all updates »

Ohio's New Law Altering the Concealed Carry Obligations of Employers Goes Into Effect in March

The effective date of Ohio’s new concealed carry law that will alter the ability of Ohio’s employers to ban firearms on their property and premises is quickly approaching. Signed by Governor John Kasich on December 19, 2016,…more

Concealed Weapons, Employer No-Weapons Policies, Firearms, Gun Laws

See all updates »

Lawsuits Aim to Void DOL’s New Independent Contractor Test

A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA)

See all updates »

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion of the Constitutionality of Such Whistleblower Cases

On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss a…more

Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Rules of Civil Procedure

See all updates »

Governor Newsom Imposes Greater Pay Transparency Requirements on California Employers

On Sept. 27, Gov. Gavin Newsom signed into law Senate Bill (SB) 1162. As previously reported, SB 1162 significantly expands pay reporting and disclosure requirements for most California employers. Effective Jan. 1, 2023,…more

Governor Newsom, Pay Data, Reporting Requirements, State Labor Laws

See all updates »

BOEM Releases Final Programmatic Environmental Impact Survey For Offshore Atlantic Geological and Geophysical Activity

On February 27th, the Bureau of Ocean Energy Management, in cooperation with NOAA’s National Marine Fisheries Service (NOAA Fisheries), and pursuant to the National Environmental Policy Act (NEPA), released its final…more

BOEM, National Marine Fisheries Service, NOAA, Offshore Drilling, Oil & Gas

See all updates »

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim, among…more

ATDS, CIPA, Class Action, Electronic Communications, FCC

See all updates »

Gambling on the Fate of the OSHA ETS Vaccine Mandate

After much anticipation and speculation, the Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) vaccine mandate is finally here…more

Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations, Virus Testing

See all updates »

Following SCOTUS Cert Denial, Facebook Settles BIPA Case for $550 Million

One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s petition for certiorari in Patel v. Facebook…more

Biometric Information, Biometric Information Privacy Act, Facebook, Facial Recognition Technology, Popular

See all updates »

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft…more

Best Management Practices, Employee Handbooks, Employment Policies, NLRA, NLRB

See all updates »

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

​​​​​​​In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international…more

Extraterritoriality Rules, Foreign Entities, Petition for Writ of Certiorari, SCOTUS, Solicitor General

See all updates »

California Considers Far-Reaching New Proposal on Children’s Privacy

On January 29, California Attorney General Rob Bonta announced the introduction of the Children’s Data Privacy Act, which, if passed, would expand and strengthen requirements for processing children’s personal information under…more

California Consumer Privacy Act (CCPA), Minors, Privacy Laws, Proposed Legislation

See all updates »

FCC Proposes Modifications to Foreign Sponsorship Identification Requirements for Broadcasters

​​​​​​​On Oct. 6, 2022, the Federal Communications Commission (FCC) released a Second Notice of Proposed Rulemaking (Second NPRM) in which it proposes changes to its current foreign sponsorship disclosure requirements for…more

Advertising, Broadcasting, Certification Requirements, FCC, Foreign Agents

See all updates »

The Anti-Money Laundering Act of 2020: What Companies Need to Know

On January 1, 2021, Congress overrode President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (the “AMLA”). The AMLA represents…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Compliance, Financial Institutions

See all updates »

High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation

On June 13, 2016, in a much-anticipated joint holding in Halo/Stryker, [1] the Supreme Court unanimously overturned the Federal Circuit’s rigid test for willful infringement under Seagate and conferred discretion on district…more

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

See all updates »

Conflict Minerals Disclosure New SEC Guidance

On April 7, 2017, the Securities and Exchange Commission ("SEC") Division of Corporate Finance (the "Division") indicated that it will not recommend enforcement of the conflict minerals source and chain of custody due diligence,…more

Conflict Mineral Rules, Country of Origin, Disclosure Requirements, Dodd-Frank, Due Diligence

See all updates »

Florida Homestead Planning and Irrevocable Trusts

Florida law prohibits the devise of a homestead if the owner is survived by a minor child or children. For purposes of this prohibition, the term “devise” extends to both gifts under a will and transfers by way of a revocable…more

Estate Planning, Homestead Exemption, Intestate Succession, Irrevocable Trusts, Land Titles

See all updates »

OFAC Issues Guidance on COVID-19-Related Exports and Compliance Challenges

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued guidance on humanitarian exports and compliance challenges related to the COVID-19 pandemic…more

Compliance, Coronavirus/COVID-19, Exports, Office of Foreign Assets Control (OFAC)

See all updates »

Under the POWR Act, Colorado Workplace Harassment Law Departs from Federal Standards

In the next two months, significant changes are coming to Colorado’s Anti-Discrimination Act, otherwise known as CADA. The Protecting Opportunities and Workers’ Rights (POWR) Act creates a new, lower standard for workplace…more

Anti-Discrimination Policies, Anti-Harassment Policies, Harassment, New Legislation, Protected Class

See all updates »

FAQs: The Coronavirus Aid, Relief and Economic Security (CARES) Act: What It Means for Employers (Updated #3)

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a roughly $2 trillion bill intended to provide emergency assistance and healthcare response for individuals, families, and businesses affected by the COVID-19…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Employer Responsibilities, Paid Leave

See all updates »

Prepare Now or Be Sorry Later! The 2016 Affordable Care Act Reporting Requirements

Beginning in early 2016, information reporting provisions under the Patient Protection and Affordable Care Act (the “ACA,” commonly referred to as “Health Care Reform”) require many employers to file annual information returns…more

Corporate Counsel, Popular

See all updates »

There is No Such Thing as a "Free" Urine Test

On May 5, 2014, in Ameritox, Ltd. v. Millennium Labs., Inc., [No. 8:11-cv-775-T-24-TBM], 2014 WL 1779267 (M.D. Fla. May 5, 2014), the U.S. District Court for the Middle District of Florida granted in part and denied in part a…more

Anti-Kickback Statute, Healthcare, Stark Law

See all updates »

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility…more

Anti-Competitive, Biden Administration, Chamber of Commerce, Congressional Review Act, Constitutional Challenges

See all updates »

"A to Z" of What California Employers Need to Know for 2017

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1, all…more

Ban the Box, Covered Employees, Covered Employer, Criminal Background Checks, Domestic Violence

See all updates »

Inflation Reduction Act Expected to Become Law

Key Takeaways: ..The Senate voted 51-50 on August 7 to pass the Inflation Reduction Act. ..The legislation is expected to pass the House this week without changes and to be signed by President Biden. ..The…more

Climate Change, Corporate Taxes, Drug Pricing, Energy Projects, Federal Funding

See all updates »

EEOC v. Abercrombie & Fitch: When Religion and Fashion Collide

On June 1, 2015, the U.S. Supreme Court, in an 8-1 decision, ruled in favor of a 17-year-old practicing Muslim, Samantha Elauf, who applied for a job at retailer Abercrombie & Fitch, but was denied employment because the black…more

Abercrombie & Fitch, Disparate Treatment, EEOC v Abercrombie, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Top 10 Compliance Points for New FTC Safeguards Rule

Under the updated Rule, FIs are obligated to implement data security measures that will protect against data breaches and cyberattacks in order to prevent financial harm to consumers, including identity theft and loss of funds…more

Amended Rules, Compliance, Cybersecurity, Data Protection, Data Security

See all updates »

Live Updates - ABA Antitrust Spring Meeting, Washington, D.C.

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Federal Trade Commission (FTC), Merger Controls

See all updates »

Texas M&A Trends – Fourth Quarter 2020

BakerHostetler will present data regarding Texas’ robust M&A market each quarter, with useful comparisons to the U.S. market overall. The alert focuses on M&A volume and value, identifies the most active industries, and includes…more

Acquisitions, Texas

See all updates »

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Criminal Prosecution

See all updates »

EPA Releases Revised Ozone NAAQS

On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary…more

Air Quality Standards, Clean Air Act, Compliance, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

New York Governor Temporarily Adjusts Notary Law to Permit Use of 'Audio-Video Technology' (Updated #4)

UPDATE: By an order dated June 6, 2020, the use of audio-visual technology for notarization and witnessing as provided below is permitted until July 6, 2020. Amid the COVID-19 pandemic, certain states are adjusting rules by…more

Coronavirus/COVID-19, E-Signatures, Executive Orders, Governor Cuomo, Notarization

See all updates »

PTAB Rulings Highlight the Importance of a Claimed Agent’s Stated Function

The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB held that glucose, which is a…more

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

See all updates »

The Developing CFIUS Framework and Recent Presidential Order Prohibiting the Aixtron Transaction

Among the various challenges facing stakeholders in cross-border M&A deals is a potential national security review of the transaction by the Committee on Foreign Investment in the United States (CFIUS) and the possibility of…more

Acquisitions, CFIUS, China, Foreign Investment, Trump Administration

See all updates »

Girl Under Fire: Alicia Keys Sued for Copyright Infringement over Girl on Fire

Songwriter Earl Shuman sued Alicia Keys for allegedly “sampling” parts of the composition “Hey There Lonely Boy” (“Lonely”) that he co-wrote in 1962. According to the complaint, Keys’ recording of “Girl on Fire” (“Fire”), which…more

Copyright, Digital Sampling, Infringement, Misappropriation

See all updates »

California Supreme Court Clarifies Applicability of Anti-SLAPP Statute in Hospital Peer Review Proceedings

Relying on a technical interpretation of California’s anti-Strategic Lawsuit Against Public Participation (SLAPP) statute, the California Supreme Court has just ruled on what sorts of conduct forming the basis of a doctor’s…more

Anti-SLAPP, CA Supreme Court, First Amendment, Free Speech, Retaliation

See all updates »

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater…more

Critical Habitat, Erosion, Fracking, Groundwater, Land Owners

See all updates »

Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on Pregnancy Discrimination

The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about the…more

Best Management Practices, Discrimination, Employer Liability Issues, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC)

See all updates »

2017 Year-End Securities Litigation and Enforcement Highlights

Welcome to the 2017 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this report is to provide a periodic survey of matters we believe to be of interest to…more

Confidential Information, Criminal Prosecution, Illegal Tipping, Insider Trading, SCOTUS

See all updates »

Foreign Corrupt Practices Act 2015 Year-End Update

Both the United States Department of Justice (DOJ) and the United States Securities and Exchange Commission (SEC) have continued their focus on anticorruption enforcement in 2015. Although there was a decline in enforcement…more

Corporate Fraud, Corruption, Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ)

See all updates »

Multiple Employer Welfare Arrangements: New Reporting Requirements, Civil Penalties and Other Regulations

Generally, a multiple employer welfare arrangement (MEWA) is a welfare benefit program that is sponsored by a group of employers that have common business and industry interests, but not common ownership interests. The…more

Department of Labor (DOL), Form M-1, MEWAs

See all updates »

Supreme Court Rules: OSHA Vaccine Mandate Stayed; CMS Mandate In Effect

Update: CMS recently modified compliance deadlines for facilities previously subject to the injunctions lifted by the Supreme Court. Those facilities must now comply with phase 1 of the CMS rule by February 13, 2022 and phase 2…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations

See all updates »

Federal Court Enjoins "Blacklisting" Rule, but Contractors Are Not Out of the Woods Yet

On Oct. 24, 2016, a U.S. District Court issued a preliminary injunction restraining the U.S. Government from implementing the “Fair Pay and Safe Workplaces” Executive Order and the related Final Rule and Guidance (collectively,…more

Arbitration Agreements, Blacklist, Davis-Bacon Act, Disclosure Requirements, Fair Pay and Safe Workplaces

See all updates »

Understanding the New Overtime Regulations

Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Wage and Hour, White-Collar Exemptions

See all updates »

Corporations should analyze and model the impact of Pennsylvania's recently enacted tax law changes

Late in the evening of July 7, 2022, Governor Tom Wolf signed Act 53 of 2022 (Act 53) into law. Act 53 significantly modifies the corporate net income tax (CNIT), subjects certain ride-sharing agreements to sales tax, provides…more

Corporate Net Income, Corporate Taxes, Goodwill, Governor Wolf, Income Taxes

See all updates »

ESG Disclosures, Congress, and the SEC

The push on environmental, social, and governance (“ESG”) disclosures has increased in the past several years, with these disclosures becoming a particular focus of the Biden Administration, the Securities and Exchange…more

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

See all updates »

Data Dividend: What is Personal Data Worth?

This breakout series will discuss the latest trends in U.S. privacy laws and how trends such as sale opt-out and cookie banners are changing the way businesses collect and use personal data. Showcasing attorneys in our…more

Consumer Privacy Rights, Cookies, Cybersecurity, Data Collection, Data Privacy

See all updates »

I-9 Remote Document Verification and Ending of COVID-19 I-9 Flexibilities

The Department of Homeland Security (DHS) recently announced important changes to the I-9 process, including the addition of a remote verification option of I-9 documents and an updated Form I-9. Beginning on March 20,…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Foreign Workers

See all updates »

Change Healthcare Incident: Update on ‘Impacted Data’ Analysis and Notification Plan

Late on March 27, Change Healthcare (CHC)’s parent company, UnitedHealth Group (UHG), provided an update on its analysis of the extent of “impacted data” involved in the CHC incident…more

Covered Entities, Data Breach, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach Notification Rule

See all updates »

SEC Adopts Final Rules for Climate-Related Disclosures

Nearly two years after the SEC released proposed rules regarding the standardization of climate-related disclosures, and after more than 24,000 public comments, the SEC adopted the Final Rules by a 3-2 vote on March 6. The Final…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

New California Employment Laws to Ring in the New Year

While that champagne and cider chill to ring in the new year, take a look below and be sure you are ready to implement these California employment laws that become effective Jan. 1 and beyond…more

Employee Rights, Employer Liability Issues, Employment Policies, Human Resources Professionals, Paid Leave

See all updates »

California’s Junk Fee Law and Restaurants

California’s new junk fee law is set to come into effect July 1. As a refresher, the law prohibits “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges.” There…more

Banking Sector, Consumer Protection Laws, Fees, New Legislation, Restaurant Industry

See all updates »

Second Circuit Finds That, Once Again, Book Scanning Is Fair Use

The Second Circuit Court of Appeals has delivered a resounding reaffirmation of fair use principles in the latest decision to go against the Authors Guild in its longstanding battle against book digitization. The unanimous…more

Appeals, Authors Guild, Books, Copyright, Copyright Infringement

See all updates »

CFPB Releases Expansive Payday Lending Rule

The Consumer Financial Protection Bureau (CFPB) released its much anticipated proposed rule aimed at ending what it calls “payday lending debt cycles.” The 1,334-page rule will require small-dollar lenders to undertake…more

Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Collection, Payday Loans, Proposed Regulation

See all updates »

Florida Doubles Down on Its Anti-Vaccine Mandate Stance

Florida Gov. Ron DeSantis signed a new law (the “Act”) designed to – as DeSantis put it – protect Floridians from losing their jobs due to COVID-19 vaccine mandates. Private employers of all sizes are prohibited from instituting…more

Coronavirus/COVID-19, Employer Mandates, Florida, OSHA, Vaccinations

See all updates »

FDA Forms Digital Health Advisory Committee to Navigate Emerging Technologies

The FDA has announced the formation of the Digital Health Advisory Committee, a group dedicated to navigating the complexities of emerging DHTs like AI/ML, augmented reality and more. This development evidences the FDA’s…more

Advisory Committee, Artificial Intelligence, Augmented Reality, Digital Health, Emerging Technologies

See all updates »

Blow the Whistle: NY Expands Employee Whistleblower Protections

The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated by…more

Anti-Retaliation Provisions, Employer Liability Issues, Notice Requirements, Remedies, State Labor Laws

See all updates »

The City of Los Angeles Retail Fair Work Week Ordinance Becomes Effective April 1 - Are You Ready?

Late last year, the Los Angeles City Council passed the Fair Work Week Ordinance, aiming to increase predictability in work schedules in L.A.’s retail industry. The ordinance will require certain retail employers operating in…more

Effective Date, Fair Workweek, Municipalities, NAICS, Notice Requirements

See all updates »

Sixth Circuit Clarifies Standard for Pleading "Collective Knowledge" Scienter in Securities Fraud Cases

A recently issued decision from the Sixth Circuit adopts a modified “collective knowledge” theory for determining corporate scienter and clarifies the standard for pleading corporate scienter in a securities fraud action. The…more

Corporate Crimes, Fraud, Omnicare, Scienter, Securities Fraud

See all updates »

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation…more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

Federal Prosecutors to Assess Procedures Around Use of Personal Devices and Messaging Applications When Evaluating Corporate Compliance Programs

In a March 3 speech at the ABA’s Annual National Institute on White Collar Crime, Kenneth Polite, chief of the DOJ’s Criminal Division, announced that the Criminal Division’s Evaluation of Corporate Compliance Programs (the…more

Compliance, Criminal Prosecution, Data Retention, Department of Justice (DOJ), Electronic Communications

See all updates »

eDiscovery and Technology

Should All States Require Continuing Technology Education (CTE)? As Electronically Stored Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving technology…more

Discovery, Electronically Stored Information, Technology-Assisted Review

See all updates »

Wyoming Broadens Data Breach Notification Law

Wyoming recently joined the list of states passing laws that broaden the scope of their data breach notification laws. On March 2, 2015, Wyoming signed into law two bills (S.F. 35 and S.F. 36) that expand the definition of…more

Amended Legislation, Breach Notification Rule, Data Breach, Personally Identifiable Information

See all updates »

EU Regulators Increase Focus on Cookie Practices

In the absence of cookies-related guidance and enforcement by regulators against ordinary website publishers and operators, many e-commerce sites, online publishers and other website operators have taken a “wait and see”…more

Consent, Cookies, Corporate Counsel, Data Collection, EU

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

Creative, But Perhaps Too Creative, Lawyering

U.S. District Judge Rakoff ruled on whether copying legal filings amounts to copyright infringement. His verdict: it does not. Judge Rakoff granted summary judgment to defendants Lexis and Westlaw, dismissing plaintiffs’…more

Copyright, Fair Use, Infringement, Legal Filings

See all updates »

2024 Elections: The Race for the White House and Congress

BakerHostetler’s Federal Policy team leads an insightful discussion on the upcoming 2024 presidential and congressional elections. The race for the White House and Congress is shaping up like nothing we’ve ever witnessed before…more

Congressional Investigations & Hearings, Congressional Nominations, Donald Trump, Joe Biden, Legislative Agendas

See all updates »

SBA Guidance Issued on Change of Ownership for PPP Borrowers

On Oct. 2, 2020, the U.S. Small Business Administration (SBA) issued Procedural Notice Control No. 5000-20057 (the SBA Guidance), which clarifies approval requirements for Paycheck Protection Program (PPP) borrowers upon a…more

Borrowers, Change of Ownership, Lenders, Paycheck Protection Program (PPP), SBA

See all updates »

The BakerHostetler Illinois Employment Newsletter

Welcome to first edition of The BakerHostetler Quarterly Illinois Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent employment law developments…more

#MeToo, Breastfeeding, Epic Systems Corp v Lewis, Equal Employment Opportunity Commission (EEOC), Local Ordinance

See all updates »

FTC Issues Final Rule Banning Non-Competes

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first…more

Chamber of Commerce, Constitutional Challenges, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond the US

“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”…more

Defend Trade Secrets Act (DTSA), Enforcement Actions, Extraterritoriality Rules, Foreign Entities, Intellectual Property Protection

See all updates »

New Crypto and NFT Products Launch; Treasury Publishes FSOC Digital Asset Report; SEC Brings Enforcement Actions Against Crypto Promoters, Fraudsters

Crypto Products Launch, Reports Detail CBDC Pilots and Bank Crypto Exposure - Last week, Circle Internet Financial, the issuer of USD Coin (USDC), announced plans “to make USDC available on five additional blockchain…more

Blockchain, Central Bank Digital Currency (CBDCs), Corporate Bonds, Cryptocurrency, Digital Assets

See all updates »

Maine Narrows and Delays PFAS Regulation

Overshadowed by the U.S. Environmental Protection Agency’s (EPA) regulation of PFAS under the Safe Drinking Water Act and its designation of PFOS and PFOA as hazardous substances under CERCLA, Maine’s latest revision to its PFAS…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Reporting Requirements

See all updates »

Antitrust Enforcement Agencies Adopt Final Vertical Merger Guidelines

On June 30, 2020, the Antitrust Division of the Justice Department and the Federal Trade Commission (FTC) adopted Vertical Merger Guidelines (Vertical Guidelines) to fill a long-standing gap in the competition agencies’…more

Enforcement, Federal Trade Commission (FTC), Horizontal Mergers, Mergers, Vertical Mergers

See all updates »

Federal Circuit Tasked With Analyzing Evidence For Proof That Defendant Had the State of Mind Necessary For Induced Infringement

On January 19, 2016, the Supreme Court issued a grant-vacate-remand order in a dispute between rival medical device companies Medtronic and NuVasive. The order directs the Federal Circuit to revisit its decision in light of the…more

Induced Infringement, Medical Devices, Medtronic, Patent Infringement, SCOTUS

See all updates »

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These…more

Affordable Care Act, Bankruptcy Code, Commercial Bankruptcy, Health Care Providers, Healthcare Costs

See all updates »

No Wrong Notes: Federal Circuit’s Piano Factory Decision Holds TTAB in Tune with Arthrex

This blog previously reported that on June 21, 2021, the Supreme Court issued its landmark decision in United States v. Arthrex, Inc., holding – in Chief Justice Roberts’ 5-4 opinion – that “the unreviewable authority wielded by…more

Inter Partes Review (IPR) Proceeding, Trademark Trial and Appeal Board, Trademarks, United States v Arthrex Inc, USPTO

See all updates »

Loreto v. The Procter & Gamble Company: Southern District of Ohio Grants Motion to Strike Class Allegations in Consumer False Advertising Case

In a significant decision, the Southern District of Ohio granted, in full, the defendant’s motion to strike class allegations in a consumer false advertising class action before any significant discovery had taken place or the…more

Class Action, False Advertising, False Claims Act (FCA), Procter & Gamble

See all updates »

Debt Finance COVID-19: (1) Update on Fully Drawing Down Revolving Lines of Credit and (2) Considering Federal Payroll Loans and Other Relief? Now is the Time to Talk to Your Lender

In FAQs: COVID-19 – Potential Impacts to Borrowers and Lenders, we noted that many borrowers likely would at least consider fully drawing down their revolving lines of credit now even if they did not yet have an immediate…more

Borrowers, Coronavirus/COVID-19, Financial Services Industry, Lenders, SBA Lending Programs

See all updates »

New York Brings Long-Awaited Cybersecurity Message Case

Ever since the New York State Department of Financial Services (DFS) instituted its first-in-the-nation Cybersecurity Regulation in 2017, banks, insurance companies, and others in the financial services industry wondered what…more

Cybersecurity, Data Protection, Financial Services Industry, NYDFS, Popular

See all updates »

Swimming Upstream Part II: New Incident and Annual Reporting Requirements for Rural Gas Gathering Lines

In our last article, we introduced the recently finalized New Rule of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which expands safety and reporting requirements to previously unregulated onshore gas…more

Oil & Gas, PHMSA, Pipelines, Reporting Requirements

See all updates »

Fed Formalizes Main Street Lending Program

The Federal Reserve (the “Fed”) has announced further changes to its now $600 billion Main Street Lending Program. From the program’s initial construct, which seemed aimed at larger companies, minimum loan sizes have been…more

Borrowers, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Lenders

See all updates »

Panning for Litigation Gold in ‘1's' and ‘0's'

How it began: A woman used her smartphone to browse once for accessories on her favorite retailer’s website. How it’s going: The retailer and an online consumer tracking software company find themselves in the long slog of…more

Class Action, Privacy Policy, Web Tracking, Websites, Wiretapping

See all updates »

Federal Circuit’s Concern Regarding PTAB ‘Panel-Stacking’ – Back To The Future?

In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 2017 U.S. App. LEXIS 15923, Circuit Judge Dyk, in a concurring opinion joined by Circuit Judge Wallace, questioned “whether the practice of expanding panels where the PTO…more

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

See all updates »

Digital Asset Broker Regulations Target DeFi Platforms and Payment Processors

The Internal Revenue Service (IRS) and the Department of the Treasury issued a 282 page notice of proposed rulemaking regarding digital assets and broker reporting on Aug. 26 (the Proposed Regulations), nearly two years after…more

Brokers, Decentralized Finance (DeFi), Digital Assets, Infrastructure Investment and Jobs Act (IIJA), Internal Revenue Code (IRC)

See all updates »

Attorney Fees for Post-Grant Patent Challenge Proceedings Before the USPTO May Be Recoverable in Exceptional Cases Under 35 U.S.C. § 285

Parties accused of patent infringement are turning more and more to post-grant challenge proceedings at the United States Patent and Trademark Office (“USPTO”) as a faster and cheaper means for invalidating the asserted claims…more

America Invents Act, Attorney's Fees, Inter Partes Reexamination, Patent Infringement, Patent Litigation

See all updates »

Texas Supreme Court Approves Top Lease of Reversionary Interest; Orders New Trial on Production in Paying Quantities

In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor’s possibility of reverter does not violate the Rule Against…more

Commercial Leases, Oil & Gas, Rule Against Perpetuities, TX Supreme Court

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Energy Contracts: In-House Counsel, Force Majeure, and the COVID-19 Pandemic

COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of…more

Breach of Contract, Commercial Contracts, Coronavirus/COVID-19, Electricity, Energy Sector

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Creation of Disruptive Technology Strike Force Signals Further Increased Focus on Enforcement of Export Controls

Seeking to protect critical U.S. technological assets from being acquired or used by nation-state adversaries, last week Deputy Attorney General Lisa Monaco announced the launch of the Disruptive Technology Strike Force…more

Bureau of Industry and Security (BIS), Department of Justice (DOJ), Disruptive Technology, Enforcement Priorities, Export Controls

See all updates »

Success in Sight

In recognition of Black History Month, we are spotlighting four associates from within our various practice groups through our new podcast series Celebrating Black Voices at BakerHostetler. On today’s episode of Celebrating…more

Firm Leadership, Law Firm Associates, Law Firm Partners, Law Practice Management

See all updates »

Federal Circuit Splits on Approach to Analyzing Graham Factors

In Merck Sharp & Dohme Corp. v. Hospira, Inc., the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S. Patent No. 6,486,150 (the ’150 patent) were obvious despite evidence of commercial…more

Abbreviated New Drug Application (ANDA), Patent Litigation, Patents, Pharmaceutical Patents

See all updates »

Supreme Court Rules: OSHA Vaccine Mandate Stayed; CMS Mandate In Effect

Update: CMS recently modified compliance deadlines for facilities previously subject to the injunctions lifted by the Supreme Court. Those facilities must now comply with phase 1 of the CMS rule by February 13, 2022 and phase 2…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, OSHA, Vaccinations

See all updates »

Is the CCPA’s Private Right of Action Provision Retroactive?

With the California Consumer Privacy Act (CCPA) – the strictest privacy law in the nation – now in effect, an important question for businesses to consider is whether it applies to conduct that occurred prior to the law’s…more

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

See all updates »

Foreign Corrupt Practices Act 2014 Year End Update

Over the course of 2014, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) have continued their aggressive enforcement of the Foreign Corrupt Practices Act (“FCPA”). This has led to critical…more

Corporate Counsel, Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, Foreign Corrupt Practices Act (FCPA)

See all updates »

2016 Year-End Securities Litigation and Enforcement Highlights

Welcome to the 2016 Year-End Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose of this Report is to provide a periodic survey, apart from our team Executive Alerts,…more

Broker-Dealer, CFTC, Commodities, Conflicts of Interest, Dodd-Frank

See all updates »

Recent Eleventh Circuit Decision Garners Attention for Post-Spokeo Treatment of FDCPA Claims

Last year, the Supreme Court decided Spokeo, Inc. v. Robins, 578 U.S.—, 136 S. Ct. 1540 (2016), which addressed whether the plaintiff adequately pleaded Article III standing by alleging bare violations of the Fair Credit…more

Article III, Corporate Counsel, Debt Collectors, FDCPA, Injury-in-Fact

See all updates »

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1 Fresh…more

Confidential Information, Data Protection, Employee Rights, Employer Liability Issues, Employment Policies

See all updates »

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes Review - May 3rd, 12:00pm ET

This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc…more

Administrative Proceedings, America Invents Act, Article III, Chevron Deference, Constitutional Challenges

See all updates »

SEC Adopts Final Rules for Climate-Related Disclosures

Nearly two years after the SEC released proposed rules regarding the standardization of climate-related disclosures, and after more than 24,000 public comments, the SEC adopted the Final Rules by a 3-2 vote on March 6. The Final…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Lessons from 2021 on Avoiding Class Action Claims for Meal and Rest Break Violations in California

In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried-and-true lessons about meal and rest breaks. As…more

Employer Liability Issues, Rate of Pay, Rest and Meal Break, State Labor Laws, Wage and Hour

See all updates »

SEC Adopts Final Rules for Climate-Related Disclosures

Nearly two years after the SEC released proposed rules regarding the standardization of climate-related disclosures, and after more than 24,000 public comments, the SEC adopted the Final Rules by a 3-2 vote on March 6. The Final…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Administration Launches Antitrust-Focused Strike Force

On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American…more

Anti-Competitive, Antitrust Division, Biden Administration, Chamber of Commerce, Competition

See all updates »

SEC Director of Enforcement Warns of a ‘Perfect Storm’ Developing Around AI

Director of Enforcement of the U.S. Securities and Exchange Commission (SEC or Commission) Gurbir Grewal warns of the risks surrounding artificial intelligence (AI) related disclosures and puts investment advisers and public…more

Artificial Intelligence, Corporate Governance, Environmental Social & Governance (ESG), Securities and Exchange Commission (SEC), Securities Violations

See all updates »

Ad Industry Enforcer Issues Reminder That Notice and Choice Are Musts for Companies Engaged in Interest-Based Advertising and Native Advertising

The Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the advertising industry’s self-regulatory system administered by the Council of Better Business Bureaus, has published the…more

Advertising, Native Advertising, Online Advertisements, Online Interest-Based Advertising Accountability Program, Privacy Concerns

See all updates »

Election Season Highlights Contractor Contribution Prohibitions

As this 2016 election season swings into its final months, federal government contractors should continue to be aware of the laws and regulations regarding political contributions. The Federal Election Campaign Act…more

Federal Acquisition Regulations (FAR), Federal Contractors, Federal Election Commission (FEC), PACs, SuperPACs

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Risks and Rewards of Digital Therapeutics in Treating Mental Disorders – Part III

Legislative Exclusions of Software (21st Century Cures Act) - The 21st Century Cures Act (Cures Act), signed into law on Dec. 13, 2016, was designed to accelerate medical product development and bring new innovations faster…more

21st Century Cures Act, Digital Health, Food and Drug Administration (FDA), Health Care Providers, Medical Devices

See all updates »

To Ensure a Complete Release, Address California’s New Section 1542

Civil Code Sections 1541 and 1542, California laws that govern the extinguishment of certain obligations, were recently amended by Senate Bill No. 1431. The subtle amendments made to these code sections not only impact ordinary…more

Civil Code, Release of Claims, Section 1542 Waivers, Settlement, Settlement Agreements

See all updates »

California Subjects Hazardous Waste Facilities to New "Scoring" System That Raises Stakes for Challenging Alleged Compliance Violations

Starting in 2019, California will subject hazardous waste facilities operating in the state to a “scoring” system called the Violations Scoring Procedure (VSP). The California Department of Toxic Substances Control (DTSC) will…more

DTSC, Hazardous Waste, Permits, Waste Management

See all updates »

FAQs: COVID-19 – Considerations in M&A Transactions

As the Coronavirus (COVID-19) outbreak continues to spread across the globe, merger and acquisition transaction participants need to consider the impact it is having on M&A transactions both in terms of process and timeline as…more

Acquisitions, Coronavirus/COVID-19, Federal Trade Commission (FTC), Infectious Diseases, Material Adverse Effects

See all updates »

Biden Announces that Nursing Homes Must Increase Efforts To Vaccinate Staff or Risk Losing Out on Federal Funds

As COVID-19 cases surge across the country, President Joe Biden announced a new mandate on Aug. 18 requiring the vaccination of nursing home staff in order for nursing homes to continue to receive federal Medicare and Medicaid…more

Biden Administration, Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Long Term Care Facilities

See all updates »

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation…more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

Institutional Blockchain and Crypto Adoption Continues, New Supply Chain and Patent Applications, Foreign Cryptocurrency Exchange Is Hacked

New Capital Market Offerings and Solutions Launch, Courting Institutional Investors - Last week, the Marco Polo network, a blockchain trade finance platform with a strong presence in Europe, Asia and the Middle East, announced…more

Blockchain, Cryptocurrency, Institutional Investors, NYDFS, Patent Applications

See all updates »

SEC Adopts Amendments to Rule 15c2-11

The Securities and Exchange Commission (the SEC or Commission) recently adopted amendments (the Amendment) to Rule 15c2-11 (the Rule) of the Securities Exchange Act of 1934 (the Exchange Act). Generally, in an effort to prevent…more

Broker-Dealer, Recordkeeping Requirements, Reporting Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Birds of a Feather? Greater Sage-Grouse Decision Shows That Conservation and Energy Development Can Flock Together

On September 22, energy developers in the West breathed a sigh of relief when the U.S. Fish and Wildlife Service (FWS) announced that the greater sage-grouse does not require protection under the Endangered Species Act (ESA)…more

Conservation, Critical Habitat, Crude Oil, Endangered Species Act (ESA), Energy Sector

See all updates »

2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for…more

Blockchain, CFTC, Corruption, Cross-Border, Cryptocurrency

See all updates »

5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims

On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII)…more

42 U. S. C. § 1981, Civil Rights Act, Employment Discrimination, Retaliation, Statute of Limitations

See all updates »

New York Department of Financial Services Publishes Proposed Second Amendment to Its Cybersecurity Regulation

On Nov. 9, 2022, the New York State Department of Financial Services (NYDFS) published a proposed second amendment to its cybersecurity regulation. This follows its pre-proposed amendment that was published on July 29…more

Amended Regulation, Comment Period, Covered Entities, Cyber Incident Reporting, Cybersecurity

See all updates »

The Lines Are Open! DOJ Adds New Tool in Anticorruption Efforts With Whistleblower Pilot Program

Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA Conference),…more

American Bar Association (ABA), Anti-Corruption, Bribery, Cooperation, Criminal Prosecution

See all updates »

Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived

On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case for…more

Antitrust Litigation, British Bankers' Association, Corporate Counsel, Financial Instruments, Libor

See all updates »

BakerHostetler Patent Watch Suprema, Inc. v. Int'l Trade Comm'n

On December 13, 2013, in Suprema, Inc. v. Int'l Trade Comm'n, the U.S. Court of Appeals for the Federal Circuit (Prost, O'Malley,* Reyna) affirmed-in-part, vacated-in-part and remanded-in-part the Commission's cease-and-desist…more

Exclusion Orders, International Trade Commission (ITC), Patent Infringement, Patent Litigation, Patents

See all updates »

Supreme Court Rules in Favor of Taxpayer in FBAR Case Penalty for Non-Willful Violations Apply on a Per-Report Basis

On Feb. 28, the U.S. Supreme Court ruled that non-willful penalties related to FBARs apply to each report filed, not on a per-account basis. The 5-4 decision resolved a split between the Fifth and Ninth circuits that focused on…more

Bank Secrecy Act, FBAR, Foreign Bank Accounts, IRS, Penalties

See all updates »

As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right

A couple of weeks ago, a Philadelphia based sports bar chain entered into a consent order with the U.S. Department of Labor (DOL) and filed a request with the E.D. Pennsylvania for approval of a separate settlement with…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Minimum Wage, Restaurant Industry

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

State Tax in Transactions: Perspectives of M&A Lawyers (Part 1)

Gone are the days when you could blow off state and local taxes in transactions! Erica Svboda and Ryan Gorsche - M&A lawyers in BakerHostetler's M&A Team join Matt Hunsaker in the virtual studio to provide background on how…more

Acquisitions, Buyers, Due Process, Income Taxes, Local Taxes

See all updates »

Provider-Based Status Post-BBA: CMS Offers Limited Answers, Requests More Feedback

For those in the hospital industry hoping for additional clarity regarding the operation and billing of provider-based departments (PBDs), the CY 2017 Outpatient Prospective Payment System (OPPS) Proposed Rule provides some…more

Bipartisan Budget Act, Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Hospitals

See all updates »

Tax Withholding Policies in a Work-From-Home Environment

Working from home some or all of the time has become commonplace and seems likely to continue regardless of what happens with the COVID-19 pandemic. New ways of working require new ways of handling tax withholding. Employers may…more

Remote Working, Tax Planning, Withholding Tax

See all updates »

SECURE 2.0 Act of 2022 - Congress' Final Gift of 2022 to Retirement Plan Sponsors

For the second time in approximately three years, Congress passed broad legislation with sweeping impacts on retirement savings programs. The SECURE 2.0 Act of 2022 (SECURE 2.0) was included as part of the Consolidated…more

401k, 403(b) Plans, Amended Legislation, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA)

See all updates »

IRS-Provided Relief for Certain Opportunity Zone Requirements in Light of COVID-19 Pandemic Creates Year-End Planning Opportunities

In light of the disruption of business activities this year and the economic uncertainty created by the ongoing COVID-19 pandemic, the Internal Revenue Service (IRS) issued Notice 2020-39 (the IRS Notice) on June 4, 2020, which…more

Investment, IRS, Opportunity Zones, Relief Measures, Tax Benefits

See all updates »

SEC Proposes AI Rules for Broker-Dealers and Advisers After Chair’s Warnings

Chair Gensler’s Public Statements Warning of AI’s Impact on Securities Industry - In his speech before the National Press Club, Chair Gensler focused on the tremendous opportunities AI technology presents but cautioned that…more

Analytics, Artificial Intelligence, Bias, Broker-Dealer, Compliance

See all updates »

SEC’s Scrutiny of AI Expands to Marketing Disclosures and Adviser Exams

Chair Gensler Continues to Be Outspoken About the Risks of AI Technologies - Chair Gensler’s warnings of the potential risks associated with the use of AI technologies in the securities industry recently continued with him…more

Artificial Intelligence, Broker-Dealer, Financial Regulatory Reform, Financial Services Industry, Investment Adviser

See all updates »

SEC Adopts Amendments to Rule 15c2-11

The Securities and Exchange Commission (the SEC or Commission) recently adopted amendments (the Amendment) to Rule 15c2-11 (the Rule) of the Securities Exchange Act of 1934 (the Exchange Act). Generally, in an effort to prevent…more

Broker-Dealer, Recordkeeping Requirements, Reporting Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

See all updates »

Fifth Circuit Opens the Door to More Discrimination Claims

The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute…more

Appeals, Civil Rights Act, Disparate Treatment, Employer Liability Issues, Employment Discrimination

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an employer…more

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

See all updates »

Colorado Royalty Litigation: Exhaustion of Administrative Remedies Before the Colorado Oil and Gas Conservation Commission

Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs first…more

Contract Interpretation, Energy Sector, Gas Royalties, Oil & Gas

See all updates »

Risk Management Strategies to Reduce Risk Associated with Telehealth

The use of technology to provide healthcare has existed for decades; however, recent advances in technology and changes in reimbursement have increased the prevalence of telehealth for diagnosing and treating patients…more

Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers, PHI, Popular

See all updates »

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated Dismissal and Upholds Denial of Class Certification

The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the…more

Class Action, Class Certification, Voluntary Dismissals

See all updates »

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking…more

Amicus Briefs, Data Privacy, Department of Health and Human Services (HHS), Electronic Medical Records, Health Care Providers

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

What Happens If… Potential Election Outcomes and What They Could Mean

Election Day could produce massive changes in Washington and in the policies that would affect every American and every company. Even a status quo election could produce lasting regulatory consequences for key stakeholders. Just…more

Climate Change, Corporate Governance, Donald Trump, Federal Budget, Filibuster

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Maine Narrows and Delays PFAS Regulation

Overshadowed by the U.S. Environmental Protection Agency’s (EPA) regulation of PFAS under the Safe Drinking Water Act and its designation of PFOS and PFOA as hazardous substances under CERCLA, Maine’s latest revision to its PFAS…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Reporting Requirements

See all updates »

2024 BakerHostetler IP Perspectives - Forecasts, Trends and Accomplishments

Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with…more

Artificial Intelligence, Biotechnology, Chemicals, Copyright, Infringement

See all updates »

Third Circuit Smacks Down Class Action Settlement in Google Cookie Placement Litigation

In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation over Google’s unauthorized use of internet…more

Class Action, Cookies, Corporate Counsel, FRCP 23(b)(3), Google

See all updates »

Sixth Circuit Denies Government Motion for Rehearing in Quality Stores Employment Tax Challenge

The Sixth Circuit has unanimously and summarily denied a Government request for en banc rehearing of a taxpayer-favorable ruling in United States v. Quality Stores, Inc., 693 F.3d 605 (6th Cir. Sept. 7, 2012)…more

FICA Taxes, IRS, Quality Stores, Refunds, Statute of Limitations

See all updates »

A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections

Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred and standard method for…more

Employees, Mail-In Ballots, NLRB

See all updates »

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from enforcing…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Fifth Amendment

See all updates »

DC Circuit Reverses SEC Finding That Negligent Omissions and Willful Omissions Are Mutually Exclusive

On April 30, 2019, the U.S. Court of Appeals for the D.C. Circuit held that an investment adviser (IA) cannot willfully make a negligent disclosure in its Forms ADV. The decision vacated a combined $150,000 in fines that the…more

Disclosure Requirements, Form ADV, Investment Adviser, Investment Advisers Act of 1940, Negligence

See all updates »

Securities and Governance Update – June 2017

As part of BakerHostetler’s commitment to serve as a strategic business partner, we are pleased to publish this resource, which is designed to keep executives, corporate counsel and governance professionals apprised of…more

Accredited Investors, Capital Markets, Disclosure Requirements, Dodd-Frank, Executive Compensation

See all updates »

Pregnant Workers Fairness Act: Proposed Regulations Now Available for Review and Comment

In an update to our January 5, 2023 post and our June 27, 2023 post regarding the Pregnant Workers Fairness Act (“PWFA”), which took effect in late June, the Equal Employment Opportunity Commission (“EEOC”) has released…more

Americans with Disabilities Act (ADA), Civil Rights Act, Comment Period, Equal Employment Opportunity Commission (EEOC), Essential Functions

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

2016 Class Action Year-End Review

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the…more

Arbitration Agreements, Article III, Ascertainable Class, Class Action, Class Action Arbitration Waivers

See all updates »

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and…more

Annual Reports, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Product Liability and COVID-19

There may be a variety of defenses available to product manufacturers faced with potential product liability claims. Examples of these defenses include traditional common law and statutory defenses, such as: Contributory…more

Coronavirus/COVID-19, Liability, Public Readiness and Emergency Preparedness Act (PREP Act)

See all updates »

United States Bans Imports of Russian Petroleum Products, LNG and Coal as well as Certain New Investment in the Russian Federation

President Biden signed an Executive Order prohibiting the importation into the United States of Russian origin crude oil, petroleum, petroleum fuels, oils, and products of their distillation; liquefied natural gas (LNG); coal;…more

Belarus, Biden Administration, Executive Orders, Foreign Trade Regulations, Liquid Natural Gas

See all updates »

Serial: A Story Stopped Short by the USPTO

Serial is an award-winning podcast narrated by journalist Sarah Koenig. It is a long-form story examining a criminal legal case. Season 1 focused on the 1999 murder of Hae Min Lee and the resulting conviction of her former…more

Podcasts, Trademark Registration, Trademarks, USPTO, Young Lawyers

See all updates »

Fraudulent Wire Transfer Instruction Changes on the Rise (Again)

Phishing and social engineering attacks to divert wire transfers or invoice payments are not new fraud techniques, but they have recently taken a back seat to ransomware as posing the greatest cyberthreat to businesses…more

Fraudulent Wire Transfers, Phishing Scams, Social Engineering

See all updates »

Another Minimum Wage Increase on the Horizon for Federal Contractors

The DOL announcement comes on the heels of a federal district court in Texas blocking the enforcement of Biden’s Executive Order 14026 in three states (Texas, Louisiana and Mississippi). The federal court determined that Biden…more

Biden Administration, Corporate Counsel, Department of Labor (DOL), Executive Orders, Federal Contractors

See all updates »

SEC Advisory Committee To Discuss Implications of Blockchain for Securities Markets – No Action Imminent

Blockchain technology has made the agenda for the October 12, 2017 meeting of the SEC’s Investment Advisory Committee, the SEC announced on September 22, 2017. The Committee will be hosting a two-hour panel discussion among…more

Blockchain, Distributed Ledger Technology (DLT), Initial Coin Offering (ICOs), Popular, Securities and Exchange Commission (SEC)

See all updates »

SEC Acts on Cryptocurrencies and ICOs

In the past few years, and particularly in the past few months, cryptocurrencies or digital currencies – most notably bitcoin and ether – have surged in popularity and dominated the financial press and to some degree even the…more

Bitcoin, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Securities and Exchange Commission (SEC)

See all updates »

Are Your Employment Practices Compliant With Antitrust and Non-Compete Laws?

Introduction - A recent confluence of federal antitrust enforcement, state legislation and the Biden administration’s focus on labor markets has prompted many companies to revisit both their antitrust and human resource (HR)…more

Corporate Counsel, Department of Justice (DOJ), Federal Trade Commission (FTC), Human Resources Professionals, No-Poaching

See all updates »

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from enforcing…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Fifth Amendment

See all updates »

New and Proposed New York and New York City Legislation

The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of the…more

Artificial Intelligence, At-Will Employment, Automation Systems, Earned Sick Time, EEO-1

See all updates »

Buyers and Sellers Beware – Disallowance of Purchased Bankruptcy Claims

The Third Circuit recently held that claims purchased from trade creditors by a claims trader will be disallowed under section 502(d) of the Bankruptcy Code when the seller of the claim received, and did not repay, a preference…more

Bankruptcy Code, Debt Buyers

See all updates »

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict…more

Failing Firm Defense, Federal Trade Commission (FTC), Liquidation, Mergers

See all updates »

U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year

The Supreme Court recently granted certiorari to consider Oxford Health Plans’ appeal of a ruling compelling class arbitration with its providers over the insurer’s payment practices…more

Arbitration, Arbitration Agreements, Class Action, Oxford Health, Sutter

See all updates »

Pointing the Finger The New Price of Corporate Cooperation

On September 9, 2015, Sally Quillian Yates, the Deputy Attorney General, issued a memorandum announcing the Department of Justice’s (DOJ) new guidelines regarding its intensifying focus on individual wrongdoers in the context of…more

Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Federal Prosecutors

See all updates »

85th Texas Legislature: Oil and Gas Roundup

On Jan. 10, 2017, the 85th regular session of the Texas Legislature convened in Austin, and already several bills are on the table that, if adopted, could impact the oil and gas industry in Texas. State Sen. Van Taylor,…more

Energy Sector, Legislative Agendas, Oil & Gas, Well Drilling

See all updates »

Weekly Blockchain Blog - April 2024 #5

Hong Kong Approves Crypto ETFs; Crypto Security, Payments Products Launch - According to recent reports, the Hong Kong Securities and Futures Trading Commission has conditionally approved the launch of the first spot bitcoin…more

Bitcoin, Bitcoin Mining, Blockchain, Criminal Prosecution, Cryptocurrency

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

A New Year, and a New Law You May Have Missed: Texas Employers No Longer Can Require COVID-19 Vaccinations

On Nov. 10, 2023, Gov. Greg Abbott signed into law Senate Bill 7, which amends the Health and Safety Code to prohibit a private employer from taking any “adverse action” against an employee, contractor or applicant because of…more

Adverse Employment Action, Amended Legislation, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

See all updates »

Texas’ Latest Lawsuit Against Google Challenges Endorsements Made by Radio Personalities

Last week, the State of Texas sued Google in state court for allegedly deceptive advertisements by radio personalities (radio DJs) praising the Google smartphone, the Pixel 4. The lawsuit claims that Google violated the state’s…more

Advertising, Celebrities, Celebrity Endorsements, Endorsements, Google

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act concentrates…more

Biometric Information, Biometric Information Privacy Act, Consent, Covered Entities, Data Collection

See all updates »

Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It

While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For…more

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

See all updates »

Lipstick on a Pig: OCR’s Cosmetic Revisions to Guidance on Tracking Technology in Healthcare Fail to Address Fundamental Issues

When the U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR) issued its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” on Dec. 1, 2022 Original…more

American Hospital Association, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Supreme Court: Express Consent Required for Class Arbitration

On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration…more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

See all updates »

Increased Activity Seen Under the California Transparency in Supply Chains Act Is Your Company Prepared?

In April 2015, the California Department of Justice began, for the first time, to send letters to companies regarding compliance with the California Transparency in Supply Chains Act. The Act, effective January 1, 2012, requires…more

Cross-Border, Department of Justice (DOJ), Disclosure Requirements, Franchise Tax Board, Manufacturers

See all updates »

SEC’s Enforcement Division Continues to Scrutinize Disclosure of Executive Perks

The Securities and Exchange Commission’s (SEC or Commission) Division of Enforcement continues to be laser focused on executive perks and the manner in which they are disclosed by public companies. The SEC is expected to bring…more

Corporate Governance, Disclosure Requirements, Enforcement, Enforcement Priorities, Executive Compensation

See all updates »

FDA Issues Final Guidance on Registration and Listing of Cosmetic Product Facilities and Products

Last month the United States Food and Drug Administration (“FDA”) issued its final guidance (“Guidance”) for the industry on cosmetic product facility registrations and product listings, as required by the Modernization of…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Final Guidance, Food and Drug Administration (FDA), Labeling

See all updates »

Supreme Court Expands Understanding of Rico “Domestic Injury” Requirement in Yegiazaryan v. Smagin

On June 22, 2023, in Ashot Yegiazaryan, aka Ashot Egiazaryan v. Vitaly Ivanovich Smagin, et al., the United States Supreme Court held that the determination of whether a nonresident plaintiff suffered a domestic injury for the…more

Domestic Injury, Foreign Nationals, Residency Requirements, RICO, SCOTUS

See all updates »

New and Proposed New York and New York City Legislation

The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of the…more

Artificial Intelligence, At-Will Employment, Automation Systems, Earned Sick Time, EEO-1

See all updates »

Virginia Becomes the Second State with a Comprehensive Privacy Law

Governor Ralph Northam has signed the Consumer Data Protection Act (CDPA), making Virginia the second state with a comprehensive privacy law. The CDPA is inspired by both the California Consumer Privacy Act (CCPA) and General…more

CDPA, Consumer Privacy Rights, Data Privacy, Governor Northam, Opt-Outs

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the…more

Brand, Counterfeiting, Data Collection, Disclosure Requirements, E-Commerce

See all updates »

Product Liability and COVID-19

There may be a variety of defenses available to product manufacturers faced with potential product liability claims. Examples of these defenses include traditional common law and statutory defenses, such as: Contributory…more

Coronavirus/COVID-19, Liability, Public Readiness and Emergency Preparedness Act (PREP Act)

See all updates »

Welcome to the Digital Transformation and Data Economy Newsletter – April 2021 Issue

Across the economy, businesses are using digital technology to pivot into innovative service lines, accelerate growth and transform their businesses altogether. These businesses’ digital strategies and data assets play important…more

California Privacy Rights Act (CPRA), CDPA, Consent, Consumer Privacy Rights, Data Protection

See all updates »

China: New Trademark Law Will Come Into Effect on Nov. 1, 2019

On April 23, the Thirteenth Standing Committee of the National People’s Congress passed the fourth amendment to the Trademark Law of China. The new trademark law will come into effect Nov. 1, 2019…more

China, Corporate Counsel, Counterfeiting, Intellectual Property Protection, Trademark Infringement

See all updates »

Steps Colleges Should Take to Bust Ghost Students

Educational institutions in the United States, as well as those in other countries, are reporting experiencing a fairly new type of fraudulent scheme: the ghost student scam. “Ghost students” are stolen or fake identities used…more

Colleges, Community Colleges, Educational Institutions, Financial Aid, Fraud

See all updates »

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities and…more

Anti-Bribery, Anti-Corruption, Bribery, Compliance, Corporate Counsel

See all updates »

SEC Proposes Amendments to Proxy Rules Related to the Regulation of Proxy Advisers and Shareholder Proposals

On November 5, 2019, the Securities and Exchange Commission (the “SEC”) in a 3-2 vote proposed amendments to its proxy rules related to (1) the regulation of proxy advisers and (2) shareholder proposals…more

Comment Period, Proposed Amendments, Proxy Advisors, Securities and Exchange Commission (SEC), Shareholder Proposals

See all updates »

Novel Forgivable Loan Program May Provide Therapy to Ailing Businesses

On March 25, 2020, the Senate approved legislation known as the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or the Act), which is designed to provide financial assistance to individuals, businesses,…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

See all updates »

SCOTUS Issues Decision in Seila Law

On June 29, 2020, the Supreme Court of the United States issued a long-awaited decision in Seila Law LLC v. CFPB concerning a constitutional challenge to the Consumer Financial Protection Bureau (CFPB). In a 5-4 decision, the…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Removal For-Cause, SCOTUS

See all updates »

UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

This is an update to previous posts from June 24, 2019 and July 31, 2019. On Friday, November 22, Bexar County Judge Peter Sakai ordered that San Antonio’s paid sick leave ordinance, which was scheduled to take effect…more

Employer Liability Issues, Paid Leave, Paid Time Off (PTO), Sick Leave, State and Local Government

See all updates »

[Event] The Future of Financial Services - October 6th, Columbus, OH

Developments in Policy and Regulations, Enforcement, Technology and Litigation - Financial services are constantly evolving as laws, regulations, technologies and policies change. BakerHostetler and the Ohio Bankers League…more

Consumer Financial Protection Bureau (CFPB), Continuing Legal Education, Events, Financial Services Industry, Regulatory Agenda

See all updates »

Ohio Supreme Court Holds Statute of Frauds Applies To Defenses, Too

On March 6, 2014, the Supreme Court of Ohio held that the statute of frauds barred a group of guarantors from raising, as a defense to a collection suit, a claim that the bank’s right to enforce the guaranties was barred by an…more

Affirmative Defenses, Statute of Frauds

See all updates »

Peppa Pig Can't Fly: Russia's Retaliatory Expropriation of Foreign Property Has Started

The crippling economic sanctions the West imposed in response to Russia’s invasion of Ukraine have led to Russian retaliation. Russia’s symbolic sanctions of President Biden and Canadian Prime Minister Justin Trudeau may get…more

Bilateral Investment Treaties, Economic Sanctions, Foreign Investment, Intellectual Property Protection, Investor State Dispute Settlement (ISDS)

See all updates »

Weekly Blockchain Blog - April 2024 #4

Stablecoin, Wallet Products Launch; German Bank Launches Crypto Services - Circle, a global fintech firm and issuer of the USDC stablecoin, has announced new smart contract functionality to allow holders of BUIDL, a…more

Australia, Bitcoin Mining, Blockchain, Central Bank Digital Currency (CBDCs), Criminal Convictions

See all updates »

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark that “[c]onsists of or comprises…more

Constitutional Challenges, Disparagement, First Amendment, Lanham Act, Matal v Tam

See all updates »

2013 Mid-Year Securities Litigation and Enforcement Highlights

Table of Contents - I. Supreme Court Case Review (October 2012 Term) II. Rule 10b-5 Cases III. Investment Adviser and Hedge Fund Cases IV. Settlements V. Commodities and Futures Litigation and…more

Amgen Inc. v Connecticut Retirement Plans, Comcast, Commodities, Enforcement Actions, Gabelli v SEC

See all updates »

Endorsements and Actual Usage - A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might…more

Advertising, Celebrity Endorsements, Corporate Counsel, Endorsements, Enforcement Actions

See all updates »

GAO Finds Section 301 Exclusion Process Lacked Transparency

A U.S. government watchdog published a report on July 28, 2021, concluding that a process for requesting exclusions from Section 301 tariffs developed by the United States Trade Representative (“USTR”) lacked transparency…more

GAO, Imports, Section 301, Tariffs, Trade Act of 1974

See all updates »

Anxious About Tort Liability? Ohio Enacts House Bill 606, ‘Good Samaritan Expansion Bill,’ to Limit Employer Liability for COVID-19 Exposure

Ohio Gov. Mike DeWine signed HB 606 into law on Monday, Sept. 16, 2020. Known as the “Good Samaritan Expansion Bill,” the law protects employers, both private and public, from civil action lawsuits for damages stemming from…more

Class Action, Coronavirus/COVID-19, Governor DeWine, Liability

See all updates »

Rockefeller Releases Results of Fortune 500 Survey on Cybersecurity

Back in September, I posted here about Senate Commerce Committee Chairman John D. Rockefeller’s (D-WV) letters to all FORTUNE 500 companies inquiring about business opposition to cybersecurity legislation…more

Big Data, Cyber Attacks, Cybersecurity, Data Protection

See all updates »

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings can…more

Certiorari, Employer Liability Issues, Employment Litigation, Hiring & Firing, NLRA

See all updates »

Preparing for the 2023 Proxy and Annual Reporting Season: Key Issues and Considerations

Companies are beginning to look ahead to the upcoming 2023 proxy and annual reporting season, and there are a number of key issues to consider as preparations commence. This alert provides an overview of these issues and other…more

Annual Meeting, Beneficial Owner, Board of Directors, Clawbacks, Climate Change

See all updates »

Confession, Cooperation and Corporate Compliance DOJ Rolls Out Nationwide Standards and Incentives for Voluntary Self-Disclosure

Last week, the Department of Justice (DOJ or the Department) announced the immediate implementation of a new Voluntary Self-Disclosure Policy (the Policy), setting a nationwide standard for how U.S Attorneys’ Offices will…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements

See all updates »

Steps Colleges Should Take to Bust Ghost Students

Educational institutions in the United States, as well as those in other countries, are reporting experiencing a fairly new type of fraudulent scheme: the ghost student scam. “Ghost students” are stolen or fake identities used…more

Colleges, Community Colleges, Educational Institutions, Financial Aid, Fraud

See all updates »

Andersen Plaintiffs Will Need to Amend Their Complaint Against Stability AI, Judge Rules

On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought…more

Artificial Intelligence, Artists, Copyright, Copyright Infringement, Copyright Litigation

See all updates »

A Former Shareholder Cannot Demand Books and Records Under DGCL§ 220

Can a former shareholder whose stock was cancelled in a merger bring suit for corporate books and records under Delaware law? In a recent decision, the Court of Chancery gave a clear answer to this question of first impression…more

Books & Records, Delaware General Corporation Law, Mergers, Section 220 Request, Shareholders

See all updates »

California’s Continuing Crusade Against PFAS-Containing Products

A series of recent California laws have placed significant restrictions on the sale of certain products in the state that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). California hopes, by…more

Hazardous Substances, Imports, Manufacturers, Pending Legislation, PFAS

See all updates »

FERPA Disclosures in Response to COVID-19

The United States Department of Education (ED) Student Privacy Policy Office (SPPO), on March 13, 2020, issued Frequently Asked Questions related to the serious novel coronavirus disease (COVID-19) that the world is now…more

Coronavirus/COVID-19, FERPA, Infectious Diseases, Popular, Student Records

See all updates »

Impression Products, Inc. v. Lexmark International, Inc. – Setting the Common Law’s Limits on the Rights of Patent and Copyright Owners

Last week, in Impression Products, Inc. v. Lexmark International, Inc., Case No. 15-1189 (May 30, 2017), the Supreme Court ruled that under the “exhaustion doctrine,” patent owners cannot use patent law to impose restrictions on…more

Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement, Patent Litigation, Patents

See all updates »

Revisiting the Enforceability of Class Action Waivers in Consumer Financial Contracts

On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) published the final Arbitration Agreements Rule (the rule) that would impact the way claims involving consumer financial products and services are handled in the…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Consumer Contracts

See all updates »

On Second Thought — The Ohio Supreme Court Reverses Course and Holds that a Merger Does Not Trigger the Beginning of a Noncompetition Period

In October, the Ohio Supreme Court reconsidered and reversed, in part, its May 24, 2012, decision in Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-2297 (Acordia I), which sharply restricted the ability of employers to enforce…more

Non-Compete Agreements

See all updates »

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the…more

Adverse Employment Action, Black Lives Matter, Civil Rights Act, Dress Codes, Employee Rights

See all updates »

The New Paradigm: Wealth Transfer Planning During an Economic Downturn

Introduction - The favorable tax treatment provided by the Tax Cuts and Jobs Act, combined with historically low interest rates during the COVID-19 pandemic, has resulted in tremendous wealth transfer planning opportunities…more

Estate Tax, Interest Rates, Tax Cuts and Jobs Act, Wealth Management

See all updates »

EPA Releases Revised Ozone NAAQS

On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary…more

Air Quality Standards, Clean Air Act, Compliance, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Texas Business Courts

On June 10, Governor Greg Abbott signed House Bill 19 into law — creating a new specialty court in Texas. These new courts will have significantly limited jurisdiction and are intended to provide a more efficient venue for the…more

Business Court, Business Disputes, Governor Abbott, Rules of Civil Procedure, State Courts

See all updates »

ISS 2021 Policy Updates

On Nov. 12, 2020, Institutional Shareholder Services (ISS) released its executive summary of its 2021 benchmark policy updates. The ISS 2021 global policy updates will be effective for meetings that occur on or after Feb. 1,…more

Board of Directors, Corporate Governance, Diversity, Institutional Shareholder Services (ISS), Shareholder Proposals

See all updates »

Chicago Court Hands Out Harsh Sentences for Hedge Fund Trade Secret Theft

Following earlier plea agreements, “Ben” Pu (“Pu”) and Sahil “Sonny” Uppal (“Uppal”) were sentenced today for stealing trade secrets related to high-frequency trading platforms from Chicago-based hedge fund Citadel. In what…more

Criminal Prosecution, Hedge Funds, High Frequency Trading, Theft, Trade Secrets

See all updates »

Biden Announces that Nursing Homes Must Increase Efforts To Vaccinate Staff or Risk Losing Out on Federal Funds

As COVID-19 cases surge across the country, President Joe Biden announced a new mandate on Aug. 18 requiring the vaccination of nursing home staff in order for nursing homes to continue to receive federal Medicare and Medicaid…more

Biden Administration, Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Long Term Care Facilities

See all updates »

USPTO Delivers Inventorship Guidance on AI-Assisted Inventions

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year, the U.S. Patent and Trademark Office (USPTO) released its much anticipated…more

Artificial Intelligence, Biden Administration, Executive Orders, Inventions, Inventors

See all updates »

Entering the ’20s – A New Era for Data Breach Class Actions?

As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way data…more

Article III, Class Action, Corporate Counsel, Cybersecurity, Data Breach

See all updates »

Supremes Hold SLUSA Is Clear – 33 Act Class Claims Stay in State Court

Yesterday, the United States Supreme Court, in a unanimous decision, handed class action plaintiffs a victory by holding that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) allows them to pursue alleged…more

Class Action, Cyan Inc v Beaver Cty Emps Ret Fund, Jurisdiction, PSLRA, Removal

See all updates »

Extraterritorial Reach of the Lanham Act

The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States,…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

See all updates »

Relief Offered by DOL for Cross-Collateral Agreements Impacting IRAs and ERISA Retirement Plans

The Department of Labor (DOL) has proposed retroactive relief and a limited repair period for certain common extensions of credit found in agreements between financial institutions and the accountholders of individual retirement…more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Individual Retirement Account (IRA)

See all updates »

Employer Health Insurance Marketplace Notice Guidance Issued—October 1, 2013, Deadline

The U.S. Department of Labor (DOL) recently issued model notices that employers may use to satisfy the Health Insurance Marketplace notice required beginning October 1, 2013…more

Affordable Care Act, COBRA, Deadlines, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

See all updates »

The Biden Administration to Establish a New Relationship with Mexico Where Clean Energy Sector May Play a Key Role

Introduction - On April 29, 2020, Mexico’s electricity grid operator (CENACE) indefinitely suspended testing and grid connections for renewable energy plants. Citing COVID-19-related concerns relative to the “intermittent nature…more

Biden Administration, Clean Energy, Energy Market, Energy Sector, Investors

See all updates »

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case as…more

Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Power Plants

See all updates »

Compliance Corner: Review of IRS 2013 Audit Priorities

Although the Internal Revenue Service (IRS) is engaged in a variety of ongoing qualified plan compliance, education and audit projects, it is targeting certain types of retirement plans and activities in 2013…more

401k, 403(b) Plans, Audits, Compliance, IRS

See all updates »

California Renewing Its Commitment to Its Automatic Renewal Law

The California legislature recently renewed its efforts to regulate automatic renewal programs with proposed amendments to its Automatic Renewal Law (ARL). This development does not follow any lack of attention to this area by…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, False Advertising

See all updates »

Financial Services 2018 Year-End Report

Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations…more

Banking Sector, Banks, Borrowers, Consumer Financial Protection Bureau (CFPB), Cryptocurrency

See all updates »

California Passes State-Wide Right to Recall Law: What Employers Need to Consider When Rehiring

April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill 93 (SB 93), which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic…more

California, Corporate Counsel, Employee Retention, Employees, Governor Newsom

See all updates »

Energy Contracts: In-House Counsel, Force Majeure, and the COVID-19 Pandemic

COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of…more

Breach of Contract, Commercial Contracts, Coronavirus/COVID-19, Electricity, Energy Sector

See all updates »

California Governor Issues Executive Order Creating Rebuttable Presumption of Entitlement to Workers' Compensation Benefits for Employees Who Must Work Away from Home and Contract COVID-19

On May 6, 2020, Gov. Gavin Newsom issued Executive Order N-62-20 to “reduce the spread of COVID-19 and otherwise mitigate the effects of COVID-19 among all Californians” and thereby promote public health and safety by providing…more

Compensation, Coronavirus/COVID-19, Employee Benefits, Executive Orders, Governor Newsom

See all updates »

President to Sign Consolidated Appropriations Act that Includes $900 Billion for COVID-19 Relief

On Dec. 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA), an approximately $2.3 trillion omnibus appropriations bill to fund the government through September of 2021 that includes $900 billion of…more

CARES Act, Coronavirus/COVID-19, Donald Trump, Federal Funding, Financial Stimulus

See all updates »

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark…more

Artificial Intelligence, European Patent Office, Inventors, Natural Person Requirement, Netflix

See all updates »

CMS COVID-19 Interim Final Rule Issued With Retroactive March 1 Effective Date

The Centers for Medicare & Medicaid Services (CMS) released an interim final rule, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (April 6), that makes…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Interim Final Rules (IFR), Medicaid, Medicare

See all updates »

SEC Stays All Administrative Proceedings After Supreme Court Decision on Appointment of SEC Administrative Law Judges

On June 21, 2018, the U.S. Securities and Exchange Commission (the SEC or the Commission) issued an order staying for at least 30 days all administrative proceedings before an administrative law judge (ALJ)…more

Administrative Law Judge (ALJ), Administrative Proceedings, Lucia v SEC, Securities and Exchange Commission (SEC)

See all updates »

Health System Pays $800,000 Fine for Leaving PHI in Doctor’s Driveway

While enforcement activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has focused primarily on a covered entity’s safeguard of electronic protected health information (ePHI),…more

Department of Health and Human Services (HHS), Enforcement, Health Insurance Portability and Accountability Act (HIPAA), Medical Records, OCR

See all updates »

JOBS Act Update

The Securities and Exchange Commission’s (SEC) Division of Trading and Markets and the Financial Industry Regulatory Authority (FINRA) recently published items of particular interest to firms following the progress of the…more

Broker-Dealer, Crowdfunding, Financial Industry Regulatory Authority (FINRA), General Solicitation, JOBS Act

See all updates »

Congress Overturns CFPB Arbitration Rule

On the afternoon of Nov. 1, President Donald J. Trump signed H.J. Res. 111, completing the process under the Congressional Review Act to disapprove the Consumer Financial Protection Bureau (CFPB)’s Consumer Arbitration Rule (the…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Congressional Review Act

See all updates »

Biden's New HHS Secretary Promises "Robust Enforcement"

Introduction - On March 18, 2021, the Senate narrowly confirmed Xavier Becerra, the former attorney general of California, as U.S. Department of Health and Human Services (“HHS”) Secretary…more

Compliance, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

See all updates »

Are You Ready for It? NYDFS Annual Cybersecurity Certification Deadline April 15

The New York State Department of Financial Services (NYDFS) amended its cybersecurity regulation, 23 NYCRR 500 (or Part 500), effective Nov. 1, 2023, which we wrote about here. Covered entities must still certify compliance with…more

CEOs, Certification Requirements, Chief Information Security Officer (CISO), Compliance, Compliance Dates

See all updates »

Puerto Rico: Congress and Supreme Court Shape a Path Towards Financial Recovery

Puerto Rico’s financial woes have recently been front and center in financial news. Although a recent decision by the U.S. Supreme Court curtailed Puerto Rico’s ability to enact its own legislation to address its debt situation,…more

Bankruptcy Code, Chapter 9, Debt Restructuring, New Legislation, Puerto Rico

See all updates »

Re: New Bad Act Disqualification, Disclosures and Certification for Rule 506 Exempt Offerings under Regulation D

Today, new Rules 506(d) and (e) of Regulation D under the Securities Act and changes to Form D (Bad Act Rules) take effect to make all Rule 506 offerings subject to certain "bad act" disqualification, disclosure and…more

See all updates »

Ninth Circuit Widens the Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowers

Last week, a divided panel of the Ninth Circuit Court of Appeals issued an opinion in Somers v. Digital Realty Trust, Inc., No. 15-17352 (9th Cir. March 8, 2017), in which it held that the anti-retaliation protections of the…more

Anti-Retaliation Provisions, Dodd-Frank, Rule 21F, Sarbanes-Oxley, Securities and Exchange Commission (SEC)

See all updates »

Seventh Circuit Rejects Subway Footlong Class Settlement as a “Racket”

A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway “footlong sub” class action, finding the proposed settlement a “racket” designed to benefit class counsel without any benefit to the class. The…more

Class Action, FRCP 23(b)(3), Injunctive Relief, Settlement Agreements, Subway

See all updates »

Lost Profits or Disgorgement?

In trademark infringement cases involving competitors, the plaintiff typically seeks damages in the form of lost profits once infringement has been proven. The purpose of “lost profits” is to compensate the plaintiff for its…more

Lost Profits, Trademark Infringement, Trademarks

See all updates »

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation…more

Algorithms, Artificial Intelligence, Data Protection, EU, European Commission

See all updates »

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

In a state where everything is bigger, sometimes it helps to be small. The Texas Data Privacy and Security Act (TDPSA), which takes effect on July 1, 2024, includes one of the broadest standards for applicability of any U.S…more

Data Privacy, Data Security, Exceptions, NAICS, SBA

See all updates »

The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements, the…more

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

See all updates »

Federal Prosecutors Indict Accused Data Thieves

Federal prosecutors announced yesterday the indictment of five men accused of involvement in the theft of over 160 million credit card numbers…more

Credit Cards, Criminal Prosecution, Cybersecurity, Cybertheft, Data Protection

See all updates »

First-Ever Mandatory Cybersecurity Directive for Oil and Gas Pipelines Signals More Robust Regulations to Come

New cybersecurity requirements for oil and gas pipelines signal important changes to the regulatory landscape for midstream companies. A new security directive from the Transportation Security Administration (TSA), effective May…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Oil & Gas, Pipelines, Regulatory Oversight

See all updates »

[Webinar] 2018 Proxy Season Success - February 8th, 1:00pm ET

Please join BakerHostetler, AON Hewitt and D.F. King for a complimentary 90-minute, CLE-eligible webinar to discuss key developments and issues facing public companies and investors, as well as items impacting the 2018 proxy…more

Continuing Legal Education, Corporate Governance, Proxy Season, Publicly-Traded Companies, Webinars

See all updates »

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover…more

28 U.S.C. § 1782, Arbitration, Business Litigation, Commercial Arbitration, Discovery

See all updates »

The U.S. Election and China-U.S. Relations

Dr. Elliot J. Feldman last week led discussions on the U.S. presidential election’s impact on China-U.S. relations at the University of Chicago Center in Beijing, the Beijing Arbitration Commission, and two other fora in…more

See all updates »

The Playbook: Now That California Has Passed AB 5, What Are the Options for Businesses Using Independent Contractors?

The Law - On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively. …more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

See all updates »

Look Back, Look Ahead: State Attorneys General Enforcement - Part Two

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state…more

Antitrust Violations, Consumer Privacy Rights, Cybersecurity, Enforcement, Enforcement Priorities

See all updates »

Virtual Currency Guidelines

Despite growing pains, digital currencies and blockchain may be the future of payments and global finance. As with any disruptive technology that gains popularity quickly, building the legal framework to support it is…more

Bankruptcy Court, Bitcoin, Blockchain, Commodities, Corporate Counsel

See all updates »

Government Scrutiny of Mismarking Fraud Likely to Increase Amid COVID-19 Market Volatility

The COVID-19 pandemic has caused extreme market turmoil. While it appears that the initial shock is subsiding, there is the possibility that market volatility will continue if there is another surge in COVID-19 cases and as the…more

Coronavirus/COVID-19, Financial Institutions, Fraud, Illiquid Assets, Private Equity Firms

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

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.

- hide