On March 26, 2025, the Supreme Court held in an 8‑to‑1 decision authored by Justice Ketanji Brown Jackson that Section 106(a) of the Bankruptcy Code waives the federal government’s sovereign immunity with respect to Section 544(b) of… more
On March 25, 2025, the Governor of Delaware signed into law Senate Bill 21 (SB 21) which amends Sections 144 and 220 of the Delaware General Corporation Law (DGCL) to codify and clarify safe harbors for transactions involving… more
Dans une décision du 11 mars 2025, le Conseil d'Etat relève qu'un simple courrier rédigé par l'administration en des termes explicites est susceptible de constituer une prise de position formelle de sa part au sens de l'article L. 80 B… more
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how Diversity, Equity, and Inclusion (DEI) initiatives intersect with Title VII of the Civil… more
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES - Campaign Finance & Lobbying Compliance The Federal Election Commission (FEC) approved two advisory opinions at its March 27, 2025, open meeting… more
The New Mexico Environment Department’s Occupational Health and Safety Bureau has proposed a Heat Illness and Injury Prevention (HIIP) rule with a contemplated effective date of July 1, 2025. If adopted, the HIIP rule will require New… more
On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance regarding DEI: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related… more
What is Colorado Hospital Discounted Care? Colorado’s Hospital Discounted Care law, effective September 1, 2022, brought a detailed and comprehensive yet highly confounding overhaul to the way hospitals, freestanding emergency… more
In an ongoing battle against Netflix Inc., the Colorado Department of Revenue has argued that the historical definition of “tangible personal property” is sufficiently broad as to encompass digital goods — including streaming… more
The 2025 edition of our Global Employment Law Manual is now available to GENIE subscribers. The manual highlights key legal obligations throughout the employment relationship and covers jurisdictions across EMEA, Asia Pacific and the… more
Dans un arrêt du 4 mars 2025, la Cour administrative d'appel de Versailles rappelle les conditions de délai de saisine de la Commission nationale des impôts directs et des taxes sur le chiffre d'affaires, ainsi que les modalités… more
Employers across the United States are legally required to ensure their workforce is authorized to work in the country. Form I-9, officially known as the Employment Eligibility Verification form, is a critical part of this process… more
Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While both… more
On January 29, 2025, in State of Rhode Island Office of the General Treasurer v. Paramount Global (the “Decision”), the Delaware Court of Chancery issued a post-trial opinion, broadening the types of sources a stockholder may rely on… more
With many employers contemplating return-to-work directives and many employees seeking and/or needing an accommodation to continue remote work arrangements, employers must be mindful of their obligations under the Americans with… more
On March 31, 2025, KMAM Management LLC d/b/a Karl Malone Auto Group filed a notice of data breach with the Attorney General of New Hampshire after discovering that certain files on the company’s network were acquired without… more
As part of its on-going monitoring of influencer campaigns, NAD recently launched an inquiry to assess whether influencers Brittany Mahomes and Lana Del Rey had adequately disclosed their relationship to Skims Body – a fashion brand… more
The Trump Administration is focused on change in the government’s role, the administrative state, and the political environment. With these changes, you can expect the Trump Administration to aggressively pursue violators — DOJ is… more
On 7 March 2025, Gov. Gavin Newsom sent the Department of Resources Recycling and Recovery (CalRecycle) back to the drawing board on proposed regulations to implement the state’s Plastic Pollution Prevention and Packaging Producer… more
A bill introduced in the California legislature this session aims to prevent employers from posting job notices for positions that don’t actually exist – a growing trend referred to as “ghost” job postings. If you’re not familiar with… more
In the late 1990s and early 2000s, Texas was the beneficiary of sweeping tort reform legislation, particularly in medical malpractice cases. The Medical Malpractice and Tort Reform Act of 2003 capped damages for those alleging medical… more
On March 31, 2025, The Siegel Group filed a notice of data breach with the Attorney General of Vermont after discovering that an unauthorized party accessed—and may have downloaded—files stored on the company’s computer network. In… more
ENQUÊTE INTERNE. L’enquête interne est un dédale. L’absence de cadre juridique de l’enquête interne pourrait s’expliquer notamment par son caractère multisectoriel. En effet, l’enquête par son déclenchement, son déroulement et les… more
[co-author: Mourice Okon] a) Types of business entities in Kenya - Kenya has 5 main types of business entities that is, sole proprietorships, partnerships, limited liability partnerships, companies, non-governmental… more
Summary of Changes - In the fall of 2024, several pharmaceutical companies – specifically, Eli Lilly and Company, Sanofi-Aventis U.S. LLC, Bristol Myers Squibb Company, and Novartis Pharmaceuticals Corporation – reacted to HRSA's… more
The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real estate from… more
It has been five years since the COVID-19 pandemic sent a large percentage of the American workforce into their homes to work remotely. Since that time, many employers have continued to embrace remote working even in instances where… more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of… more
Under the current administration, immigration enforcement has significantly increased, with executive orders expanding the authority of Immigration Customs and Enforcement (ICE) to arrest and detain undocumented individuals. Although… more
On the first day of his Presidency, among 26 other Executive Orders that day, Donald Trump issued his Unleashing American Energy Executive Order rescinding President Biden’s Executive Order 14096 of April 21, 2023 (Revitalizing Our… more
On March 25, 2025, the governor of Delaware signed into law Senate Bill 21, over much opposition from the plaintiffs’ bar and some academics. The bill, which amends Sections 144 and Section 220 of the Delaware General Corporation Law… more
Commission Delegated Regulation 2025/420 has been published in the Official Journal of the EU. This Delegated Regulation supplements Regulation 2022/2554 on digital operational resilience for the financial sector (DORA)..… more
The European Commission has adopted a Delegated Regulation supplementing Regulation 2022/2554 on digital operational resilience for the financial sector (DORA) with regard to regulatory technical standards specifying the elements that… more
This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright Enterprises v… more
Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do not… more
The Financial Conduct Authority (FCA) has published a new webpage on a voluntary survey it issued to environmental, social and governance (ESG) ratings providers on 21 March, to help inform the future regulation of ESG ratings and… more
House case and Capitol Hill - All legal and regulatory eyes will be focused on Judge Wilken’s courtroom next Monday, April 7, 2025, where the hearing on Final Approval of the House case is set to begin at 10AM PT/1PM ET. While the… more
On February 11, 2025, President Trump signed Executive Order (E.O.) 14210, Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative, which instructed the newly formed Department of Government… more
On 25 March 2025, the European Commission ('Commission') announced the list of 47 Strategic Projects designated under the Critical Raw Materials Act ('CRMA'). Each of these Strategic Projects will support in forming strong and… more
On April 1, the Colorado Liquor Enforcement Division (“LED”) issued Bulletin 25-01 Direct-to-Consumer Shipments, which states that direct-to-consumer (“DTC”) shipments of malt or spiritous alcohol into Colorado are illegal. The LED… more
The European Commission (EC) has launched a consultation to help determine the best approach for the application of the EU's framework on market risk prudential requirements for banks, with an accompanying press release. Last year, the… more
In late March, the Trump Administration issued executive order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” (“the EO”), which aims to consolidate “domestic Federal procurement” within the General… more
The UK Financial Conduct Authority (FCA) has published the full details of its proposal to fine and ban the fund manager, Crispin Odey, for lacking integrity. But the FCA’s proposed action against Mr Odey does not rely on his alleged… more
On March 5, 2025, the Colorado state legislature introduced Senate Bill (SB) 25-198, aiming to expand Colorado’s licensed hospital notice requirements for material healthcare transactions and impose notification and disclosure… more
1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU - EBA: Updated methodology on the regulatory and supervisory equivalence of non-EU countries - Status: Final - The EBA has published its updated methodology… more
On March 25, 2025, Delaware Governor Matt Meyer signed into law amendments to the Delaware General Corporation Law (Amendments). In a February 28, 2025, client alert, we addressed the initial iteration of the Amendments, and explained… more
In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching implications because… more
At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate gain. They… more
The Retreat at Charleston National Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston National, LLC, S.C. App. Case No. 2021-001050, Opinion No. 6099 (Feb. 12, 2025) Key Takeaways: Case Summary (for those of you who… more
The Bank of England (BoE) has launched the 2025 bank capital stress test for the seven largest and most systemic UK banks and building societies. The exercise is the successor to the Annual Cyclical Scenario. The test involves a… more
Each March, our team participates in the North Carolina State Construction Conference in Raleigh, where thousands of construction industry members meet to hear about the current “state of the construction industry” in North Carolina… more
1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General (i) EU - EBA: Updated methodology on the regulatory and supervisory equivalence of non-EU countries - Status: Final - The EBA has published its updated methodology… more
On March 31, 2025, FERC signaled that it will rule on ISO New England’s proposed interconnection reforms this week—on or before Friday, April 4. In May 2024, ISO New England filed proposed tariff revisions at FERC in response to the… more
On March 24, 2025, the Securities and Exchange Commission (SEC) launched its EDGAR Next platform. All individuals and entities that make SEC filings (SEC Filers) must enroll on the platform by September 15, 2025, to avoid disruption in… more
A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”) Member… more
Upcoming Eversheds Sutherland event - Join us for a two-day controversy seminar in Washington, DC covering legislative reviews, state, federal, and international tax updates, LB&I hot topics, appeals, transfer pricing, litigation… more
For hospices, unprecedented competition, enhanced oversight, and looming payment reform create business obstacles or growth opportunities, depending on your outlook. Your growth strategy shouldn’t be the same as your neighbor’s… more
Apple TV’s hit dystopian workplace series Severance follows four employees at a mysterious company who perform critical yet cryptic work during their seemingly mundane 9-5. These employees have agreed to undergo a controversial surgery… more
