Author Info for Blank Rome LLP

Spencer Abraham

[Webinar] The New Washington: Election Summary and Potential Impact on Business - November 30th, 4:00 pm - 5:00 pm ET

Now that the dust has settled from the chaotic 2020 Presidential and Congressional elections, it is time to consider what the new political landscape means for Washington, policy, and industry. In this helpful and informative… more

Election Results, Legislative Agendas, Presidential Elections, Regulatory Agenda, Senate Committees

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Barry Abrams

[Webinar] The Energy Industry After the Election: What to Expect in 2021 and Beyond - December 1st, 12:00 pm - 1:30 pm ET

The energy industry has been at the forefront of the 2020 election, and energy development is an issue that polarizes Americans and our businesses and political leaders in choosing the path for the future. Energy developments… more

Climate Change, Continuing Legal Education, Energy Market, Energy Policy, Energy Sector

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Jennifer Achilles

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Hannah Ahn

Under Pressure to Diversify: Availability of D&O Coverage for Corporate Diversity Claims

With the recent rise in novel diversity lawsuits, which have targeted some of the leading companies across the country, and are sure to be a hot topic of litigation this year and beyond, policyholders are highly encouraged to… more

Board of Directors, Breach of Duty, D&O Insurance, Diversity, Fiduciary Duty

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Hussein Akhavannik

Designing a New Framework: Federal Circuit Sets New Standards for Obviousness Test for Design Patents

In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is consistent… more

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

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Rither Alabre

New York Ready to Embrace Mobile Sports Betting

On January 6, 2021, Governor Andrew M. Cuomo announced that he would support legislation that would legalize mobile sports wagering in the State of New York. Governor Cuomo proposed that mobile sports wagering would be conducted… more

Gambling, Governor Cuomo, Sports Betting, Sports Gambling

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Natalie Alameddine

Keeping Up: Guidance on California’s New Pay Data Reporting for Employers

As most employers with employees working in California or assigned to a California location know, and as we reported in “Big Brother Just Got Bigger: Expanded Pay Data Reporting Expected to Hit the Golden State,” 2022… more

Pay Data, Reporting Requirements, State Labor Laws, Wage and Hour

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R. Andrew Arculin

Welcome to Internet and Mobile Marketing: HUD’s 1996 RESPA CLO Policy Statement Finally Refreshed

A new Consumer Financial Protection Bureau (“CFPB”) advisory opinion refreshes the Department of Housing and Urban Development’s computer loan origination system policy statement for a new generation of online marketing… more

Advertising, Consumer Financial Protection Bureau (CFPB), HUD, Marketing, Mortgages

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Roy Arnold

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to Consumer-Facing Websites

On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et… more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

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Scott Arnold

Other Transactions: A Flexible and Efficient Acquisition Tool for the Department of Defense

On March 6, 2025, the Defense Secretary released a memorandum directing the Department of Defense (“DoD”) to adopt the Software Acquisition Pathway (“SWP”) to speed up the development, procurement, and delivery of software… more

Acquisitions, Defense Contracts, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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Samarth Barot

Other Transactions: A Flexible and Efficient Acquisition Tool for the Department of Defense

On March 6, 2025, the Defense Secretary released a memorandum directing the Department of Defense (“DoD”) to adopt the Software Acquisition Pathway (“SWP”) to speed up the development, procurement, and delivery of software… more

Acquisitions, Defense Contracts, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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D. Morgan Barry

Cryptocurrency: The Tax Man Cometh Again

In the wake of the success of its “Swiss Bank Program,” the U.S. Department of Justice (“DOJ”) Tax Division and the Internal Revenue Service (“IRS”) Criminal Investigation Division are gearing up for a similar initiative aimed… more

Cryptocurrency, Department of Justice (DOJ), Digital Currency, IRS, OVDP

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Michael Barry

Regulators Take Another Stab at Taking a Bite Out of Crime

In January 2021, after the override of President Trump’s veto, Congress passed the National Defense Authorization Act (“NDAA”). The NDAA includes the Anti-Money Laundering Act of 2020 (the “Act”), which contains significant… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Financial Institutions, FinCEN

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Yelena Barychev

Brave New World of HSR Notification and Report Form

The Federal Trade Commission (“FTC”), with the concurrence of the Assistant Attorney General, Antitrust Division, Department of Justice (“DOJ”), issued the rules amending Hart-Scott-Rodino (“HSR”) Form for Certain Mergers and… more

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

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Barak Bassman

Structuring and Maintaining Value-based Care Arrangements

Episode 5: Structuring and Maintaining Value-based Care Arrangements - In this episode of BRight Minds in Healthcare Delivery, Blank Rome partner Barak A. Bassman joins host Eric Tower to talk about how to legally and… more

Chief Compliance Officers, Compliance, Health Care Providers, Hospitals, Managed Care Contracts

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Kevin Baum

SBA Issues Guidance on Change of Ownership Transactions in Which SBA Consent Is Not Required

The U.S. Small Business Administration (the “SBA”) recently provided important and long anticipated guidance on requirements and exceptions for SBA consent in certain “change of ownership” transactions involving companies with… more

Borrowers, Change of Ownership, Coronavirus/COVID-19, Lenders, Loan Forgiveness

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Samuel Becker

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier… more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

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Thomas Belknap Jr.

Recent Developments Affecting U.S. Maritime Arbitration

This article highlights some recent legal developments relevant to maritime arbitration although, as will be seen below, not all of the developments specifically involve maritime cases. This fact serves as a good reminder that… more

Arbitration, Arbitration Awards, Arbitrators, Dispute Resolution, Federal Arbitration Act

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Michael Bell

$750,000,000 Missing Comma Comes Unhinged in BP’s Additional Insured Claim

Action Item: Courts must consider whether an insurance policy incorporates other documents and the extent thereof in evaluating the existence of additional insured coverage. Parties should evaluate the policy and underlying… more

Additional Insured, BP, Contract Drafting, Contract Interpretation, Deepwater Horizon

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William Bennett III

Agreements to Arbitrate Seaman’s Personal Injury Suits Are Valid and Enforceable

Advanced Wage Agreements offer to pay “advanced wages" to an injured seaman, in addition to the legal obligations to pay maintenance and cure, in exchange for the seaman agreeing to arbitrate his personal injury claim if and… more

Arbitration Agreements, Employer Liability Issues, Federal Employers’ Liability Act (FELA), Jones Act, Seamen

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Alexander Berman

New York Courts Skeptical of Insurers Seeking to Hide Coverage Analysis as Privileged

One of the most basic discovery requests in insurance coverage litigation is for the insurer’s claims-handling documents and coverage analysis. A policyholder suing for insurance coverage is entitled to understand the insurer’s… more

Attorney-Client Privilege, Insurance Industry, Insurance Litigation, Work-Product Doctrine

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Jerry Bernstein

“We Have Ways of Making You Talk,” New DOJ Incentives for Self-Reporting Corporate Misconduct

Last week, Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. (“AAG Polite”) announced revisions to the Department of Justice Criminal Division’s Corporate Enforcement Policy (the “CEP”). These revisions… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Self-Reporting

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Beth Bernstein Connors

Bostock and Related Cases: A Landmark Decision for the LGBTQ Community and Employment Law Alike

On June 15, 2020, the Supreme Court of the United States held in a series of related cases (Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC.) that Title VII of the Civil… more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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Susan Bickley

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Daniel Blickman

IRS Publishes Final Opportunity Zone Regulations

On December 19, 2019, the Treasury Department and Internal Revenue Service (the “IRS”) released final regulations for the opportunity zone (“OZ”) program to refine and clarify certain aspects of the first two sets of proposed… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Mark Blondman

How to Survive the Administration’s Focus on Deporting Illegal Immigrants

As reported in all forms of media, the Trump administration has launched a nationwide blitz of immigration enforcement that is not likely to abate in the short term. Raids, which the administration has characterized as focused… more

Deportation, E-Verify, Employee Rights, Employment Policies, Enforcement Actions

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Shaun Bockert

Zoombombing Security & Privacy: Lessons from Zoom’s Recent Conduct

The outbreak of the coronavirus (“COVID-19”) pandemic in the United States has, with astounding speed, shifted much of America’s workforce to remote status. Videoconferencing apps like Zoom have surged, but so have security and… more

Coronavirus/COVID-19, Cybersecurity, Data Privacy, Data Security, Popular

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David Bodner

What Is DMSMS and What to Do About It?

What does DMSMS mean? DMSMS stands for Diminishing Manufacturing Sources and Material Shortages. It is the loss or impending loss of manufacturers or suppliers of items, raw materials, or software. In other words, DMSMS is… more

Contract Terms, Contractors, Defense Sector, Department of Defense (DOD), Federal Contractors

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George Boggs

President Trump’s “America First” Investment Policy Memorandum

On February 21, 2025, President Trump issued a National Security Presidential Memorandum titled “America First Investment Policy,” outlining several key strategies aimed at enhancing U.S. national and economic security through… more

Artificial Intelligence, CFIUS, China, Foreign Investment, Investment

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Joan Bondareff

Boffo Offshore Wind Sale Moves Biden Closer to Goal—But Tough Currents Remain

This article summarizes the latest developments in the U.S. offshore wind market and then reviews some of the troubling waters ahead. New Developments - On February 25, 2022, the Bureau of Ocean Energy Management… more

BOEM, Offshore Wind, Vessels, Wind Power

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Max Borg

Hold Your Horses – Cannabis Rescheduling Hearings Stayed, Pending Appeal

In the latest development in a road to rescheduling cannabis from Schedule I to Schedule III under the Controlled Substances Act (“CSA”), on January 13, 2025, in the Matter of Schedules of Controlled Substances: Proposed… more

Administrative Law Judge (ALJ), Appeals, Biden Administration, Controlled Substances, DEA

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Kyle Brinkman

Policyholders (and the Courts) Continue to Ignore Section 1123 When Analyzing Insured v. Insured Exclusions

Last month the United States Court of Appeals for the Sixth Circuit issued its anticipated decision in Indian Harbor Insurance v. Zucker, affirming a 2016 decision from a federal district court in Michigan that an Insured v… more

Bankruptcy Code, D&O Insurance, Debtors-in-Possession, Insurance Litigation, Insureds

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Stephen Brodie

The OCC and FinTech—Ready for Innovation and Collaboration

In a long-awaited decision, on July 31, 2018, the Office of the Comptroller of the Currency announced that it will move ahead with accepting applications for national bank charters from nondepository FinTech companies. While… more

Banking Sector, Financial Services Industry, FinTech, Fintech Charter, National Bank Charters

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Fredric Brooks

Lead Contamination in Water: Flint Water Crisis Update

The existence of lead pipes in municipal water systems and service lines connecting residential and commercial properties to water mains throughout the United States continues to generate litigation and regulatory action. The… more

Class Action, Clean Water Act, Contamination, Drinking Water, Environmental Litigation

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Harrison Brown

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Jacob Brownstein

Federal District Court Issues Nationwide Preliminary Injunction Barring Enforcement of Corporate Transparency Act

In Texas Top Cop Shop, Inc., et al. v. Garland, et al., a federal district court judge issued a nationwide preliminary injunction barring enforcement of the Corporate Transparency Act (“CTA”), finding that the CTA likely exceeds… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, Reporting Requirements

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Kevin Bruno

Stretching Sovereign Immunity: The New Jersey High Court Immunizes the State from New Jersey Spill Act Liability for Pre-1977 Discharges

Action Item: The New Jersey Supreme Court’s decision in NL Industries, Inc. v. State of New Jersey will frustrate the equitable allocation of cleanup costs at sites involving pre-1977 discharges where the State would otherwise… more

CERCLA, Department of Environmental Protection, NJ Supreme Court, Remediation, Sovereign Immunity

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Robyn Burrows

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Jayme Butcher

COVID-19 Litigation Report – August 2020 #3

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and… more

Class Action, Coronavirus/COVID-19, Corporate Counsel, Data Breach, Disability Discrimination

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Leigh Ann Buziak

FTC Loses Round 1, but Its Non-Compete Ban Is Still Standing and Creating Uncertainty

The United States District Court for the Northern District of Texas last week issued an order and opinion granting a preliminary injunction staying the effective date for enforcement of the Federal Trade Commission’s (“FTC”)… more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements

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Lisa Campisi

Breaking News—New Jersey Supremes at Last Deliver New Jersey Developers a Win against the Insurance Industry, Finding Coverage Exists for Subcontractor’s Faulty Workmanship

Action Item: Developers and contractors, as well as commercial and residential property owners and occupants, must be aware of a recent New Jersey Supreme Court decision in Cypress Point Condominium Association, Inc. v. Adria… more

Commercial General Liability Policies, Consequential Damages, Construction Defects, Construction Industry, Construction Project

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Kierstan Carlson

The FMC Announces Investigation into Flags of Convenience and Unfavorable Conditions Created by Flagging Practices

The U.S. Federal Maritime Commission (“FMC”) announced on May 21, 2025 that it is initiating a non-adjudicatory investigation into whether the: 1) vessel flagging laws, regulations, and/or practices of certain foreign… more

Economic Sanctions, Enforcement Actions, Federal Maritime Commission, Government Agencies, International Trade

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Jennifer Carrier

Barriers to Voting Beginning to Fall in New York State

Despite its progressive reputation, New York State has some of the most restrictive voting laws in the country. On Monday, January 14, 2019, both houses of the New York legislature made an aggressive move toward more… more

State and Local Government, Voter Registration, Voting Rights

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James Carter

The War Exclusion and State-Sponsored Cyberattacks: The Battle Is Won but Is the War Over?

Sovereign nation states have been behind (or suspected of being behind) some of the worst cyberattacks. When a cyberattack has state involvement, the inevitable question is whether it constitutes an act of war. The answer can… more

Corporate Counsel, Cyber Attacks, Cybersecurity, Insurance Industry, Policy Terms

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Dominique Casimir

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Danielle Catalan Hudson

Game On: Mid-Year Update on U.S. Gaming Industry's Expanding Regulations, Legislation, and Launches

2023 follows the trend of expansion within the U.S. gaming industry with a continued focus on sports betting, iGaming, and eSports. Several states implemented new initiatives, including releasing regulations, launching sports… more

Gambling, Gaming, Sports Betting, Sports Gambling

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Lawrence Chane

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Cheryl Chang

AB 238 Mortgage Deferment Act for California Wildfire: Mortgage Forbearance Relief

AB 238, also referred to as the Mortgage Deferment Act, to add Title 19.1 § 3273.20 et seq. (the “Mortgage Deferment Act” or the “Act”), was introduced in the California legislature on January 13, 2025 to provide essential… more

California, Consumer Financial Products, Financial Institutions, Foreclosure, Loan Modifications

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Justin Chiarodo

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Marilyn Chinitz

[Webinar] The State of Your Estate: Strategically Optimize and Protect Your Assets in a Changing Climate - April 8th, 11:00 am - 12:00 pm ET

With a new administration in Washington, D.C. comes new challenges and opportunities. One area that merits attention is your estate plan. Even during this time of uncertainty regarding future legislation, the strategic use of… more

Asset Protection, Estate Planning, Interest Rates, Tax Benefits, Trusts

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Thomas Cialino

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025, if… more

Consumer Protection Laws, Damages, New Legislation, Penalties, Private Right of Action

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Michael Cioffi

Ohio Schools Win Big under Latest Sports Betting Bill

In a sign of continued expansion of the sports betting industry, on June 16, 2021, the Ohio Senate has shown its willingness to put Ohio on the sports betting map in a big way. It passed a bill that, if approved by the House,… more

Sports, Sports Betting, Sports Gambling

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Alexandra Clark

Maritime Liens and Arrests Under U.S. Law

Maritime liens typically arise from torts, contracts or particular maritime services such as salvage or towage. In this article, the authors discuss categories of maritime liens, arrests and attachments and more. What Is a… more

Arrest, Liens, Vessels, Warrants

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Harris Cogan

Illinois Bankruptcy Court Holds That Force Majeure Clause Excused Nonpayment of Rent Resulting from Government Restrictions on Business Activity

In In re: Hitz Restaurant Group, the United States Bankruptcy Court for the Northern District of Illinois became the first court in the country to find that a force majeure clause excused nonperformance of contractual… more

Bankruptcy Court, Coronavirus/COVID-19, Force Majeure Clause, Landlords, Rent

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Michael Carl Cohen

New California Law Requiring Female Directors on Public Company Boards Becomes Effective

This client alert provides an update on the new legislation passed in California as it relates to the minimum number of female directors that must serve on the board of directors of each publicly held domestic or foreign… more

Board of Directors, Corporate Governance, Diversity, Governor Brown, Woman Board Members

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Patrick Collins

DDTC Issues Long-Awaited Rule Implementing AUKUS: Five Key Takeaways

On August 16, 2024, the U.S. Department of State (“State”) announced a broad exemption from export licensing requirements for most defense trade between and among “authorized users” in the United States, Australia, and the… more

Bureau of Industry and Security (BIS), Corporate Counsel, Directorate of Defense Trade Controls (DDTC), Export Controls, ITAR

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Jacqueline Combs

Until Death Do Us Part

At the altar, you make hopeful and sincere vows to love and cherish each other until death do you part. Your goals for your long and successful marriage include many milestones: opening your first joint savings account, buying… more

Estate Planning, Life Insurance, Marriage, Spouses

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Matthew Comisky

E-Commerce vs. Brick and Mortar: Buying and Selling Shopping Centers in Distress

Declining sales by large brick-and-mortar stores are a harbinger of the challenges facing shopping center owners. The continued popularity of e-commerce shopping creates additional pressure on the retail business model. As… more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers, Retail Market, Retailers

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Thomas Cournoyer

Amendments to New York LLC Transparency Act Delay Effective Date, Among Other Changes

New York Governor Kathy Hochul last month signed into law amendments to the recently enacted New York LLC Transparency Act (as amended, the “NYLTA”), extending the NYLTA’s effective date from December 21, 2024, to January 1,… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Limited Liability Company (LLC), New York

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Genevieve Cowan

[Webinar] The New Washington: Election Summary and Potential Impact on Business - November 30th, 4:00 pm - 5:00 pm ET

Now that the dust has settled from the chaotic 2020 Presidential and Congressional elections, it is time to consider what the new political landscape means for Washington, policy, and industry. In this helpful and informative… more

Election Results, Legislative Agendas, Presidential Elections, Regulatory Agenda, Senate Committees

See all updates »

Ryan Craig

Real Estate Financing in the Healthcare Space: Keep Your Eye on the Ball

Over the past couple of months, there have been two important developments that could affect a lender’s decision whether to finance real estate transactions involving entities and individuals in the healthcare field… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, OIG, Real Estate Market

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Molly Crane

Coronavirus Guidance for Businesses: What Should I Do Without a Force Majeure Clause?

Businesses are facing an unprecedented set of circumstances arising from the coronavirus (“COVID-19”) crisis. Service-based businesses must address disruption in their workforces due to employee infection and/or quarantining to… more

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

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Matthew Crawford

New York Court Decision Disrupts “Good Guy Guaranty” Liability Limitations

In the New York commercial leasing world, and in almost every privately-owned restaurant lease, the well-known “Good Guy Guaranty” is abundantly common. However, a decision by a judge in the Supreme Court for New York County,… more

Commercial Leases, Commercial Tenants, Landlords, Leases, New York

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Heidi Crikelair

Beware of the Trolls: Recent Uptick in Copyright Trolling and What You Should Do

Over the past year, clients have experienced an increase in “copyright trolling,” which refers to the practice by some plaintiff law firms of using algorithms or other digital fingerprint technology to search or “troll” for… more

Copyright, Copyright Infringement, Facebook, Intellectual Property Protection, YouTube

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Gregory Cronin

An Important Reminder for Directors Amid the Coronavirus Pandemic: Satisfy Your Affirmative Duty of Oversight Today to Protect Against Potential Personal Liability Tomorrow

The Delaware Supreme Court’s June 2019 decision in Marchand v. Barnhill emphasized the importance of a board-level compliance and reporting system to oversee a company’s operations… more

Board Meetings, Board of Directors, Coronavirus/COVID-19, Infectious Diseases

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Andrew Cross

CFTC’s GMAC: Bank Capital Proposals Will Harm Cleared Derivatives Markets and Improvements Needed to Variation Margin Processes in Non-Cleared Markets

The Global Markets Advisory Committee (“GMAC”) of the U.S. Commodity Futures Trading Commission (“CFTC”) issued on June 4, 2024, a report on cleared derivatives and recommendations for non-cleared derivatives that will be of… more

Bank Holding Company, CFTC, Derivatives, GMAC, IOSCO

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William Cruse

Illinois Bankruptcy Court Holds That Force Majeure Clause Excused Nonpayment of Rent Resulting from Government Restrictions on Business Activity

In In re: Hitz Restaurant Group, the United States Bankruptcy Court for the Northern District of Illinois became the first court in the country to find that a force majeure clause excused nonperformance of contractual… more

Bankruptcy Court, Coronavirus/COVID-19, Force Majeure Clause, Landlords, Rent

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Kathleen Cunningham

Coronavirus Guidance for Businesses: What Should I Do Without a Force Majeure Clause?

Businesses are facing an unprecedented set of circumstances arising from the coronavirus (“COVID-19”) crisis. Service-based businesses must address disruption in their workforces due to employee infection and/or quarantining to… more

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

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Massimo D'Angelo

[Webinar] Navigating Federal and State Scrutiny of Foreign Ownership of U.S. Real Estate - October 29th, 10:00 am - 11:00 am EDT

Companies should be aware of the current federal and state laws and regulations concerning foreign ownership of U.S. real estate, including review by the Committee on Foreign Investment in the United States (“CFIUS”) and state… more

Best Practices, CFIUS, Continuing Legal Education, Enforcement Actions, Foreign Ownership

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Jennifer Daniels

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Frank Dante

PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations

Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do not easily break down… more

Commerce Clause, Constitutional Challenges, Disclosure Requirements, Environmental Litigation, Environmental Policies

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Michael Darbee

The Third Circuit Addresses American Pipe Tolling before a Class Certification Decision

The Third Circuit recently issued a decision holding that putative class members can benefit from equitable tolling even before a district court decides a motion for class certification. Aly v. Valeant Pharms. Int’l. Inc., No… more

American Pipe & Construction Co. v. Utah, Class Action, Class Certification, Equitable Tolling, Statute of Limitations

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Francis Dehel

The OCC and FinTech—Ready for Innovation and Collaboration

In a long-awaited decision, on July 31, 2018, the Office of the Comptroller of the Currency announced that it will move ahead with accepting applications for national bank charters from nondepository FinTech companies. While… more

Banking Sector, Financial Services Industry, FinTech, Fintech Charter, National Bank Charters

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Merle DeLancey Jr.

Defense Contractors’ Restrictions When Contracting with Chinese Companies

In the current economic climate, the obvious focus of many companies is on the administration’s imposition of tariffs. However, government contractors, especially those contracting with the U.S. Department of Defense (“DoD”),… more

China, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Amanda DeLaPerriere

Department of Defense to Increase Scrutiny Over IT Consulting and Advisory Contracts

The Department of Defense’s (“DoD”) Under Secretary for Acquisition and Sustainment issued a memorandum on June 23, 2025, that tightens oversight on DoD contracts for information technology consulting & management services… more

Acquisitions, Contract Terms, Defense Contracts, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Timothy Dickens

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Vanessa DiDomenico

Cybersecurity in the Marine Transportation System: What You Need to Know About the Coast Guard's Final Rule

The U.S. Coast Guard (“USCG”) published a final rule on January 17, 2025, addressing Cybersecurity in the Marine Transportation System (the “Final Rule”), which seeks to minimize cybersecurity related transportation security… more

Coast Guard, Compliance, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Threats

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Kevin Doherty

PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations

Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do not easily break down… more

Commerce Clause, Constitutional Challenges, Disclosure Requirements, Environmental Litigation, Environmental Policies

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Alexander Dondershine

Amendments to New York LLC Transparency Act Delay Effective Date, Among Other Changes

New York Governor Kathy Hochul last month signed into law amendments to the recently enacted New York LLC Transparency Act (as amended, the “NYLTA”), extending the NYLTA’s effective date from December 21, 2024, to January 1,… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Limited Liability Company (LLC), New York

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Caroline Powell Donelan

California’s New Workplace Violence Prevention Law: July 1, 2024, Compliance Deadline—Are You Ready?

The effective date of California’s Senate Bill 553 is fast approaching, and the law covers nearly every employer and every employment facility in California with the exception of healthcare facilities and other facilities… more

Employer Liability Issues, Employment Policies, State Labor Laws, Workplace Safety, Workplace Violence

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David Dorey

Supreme Court Limits Where Patent Cases Can Be Brought—Can You Move to Your Home Court?

The Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, issued an opinion that may limit the number of patent suits brought in courts perceived to be plaintiff-friendly and may give companies the opportunity to… more

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

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Dipu Doshi

Supreme Court Limits Judicial Review of IPR Institution Decisions

On April 20, 2020, in Thryv, Inc. v. Click-to-Call Techs., LP, 590 U.S. __ (2020), the Supreme Court extended its decision in Cuozzo Speed Techs., LLC v. Lee, 579 U.S. __ (2016) to prohibit appeals of decisions from the Patent… more

§ 314(d), § 315(b), §314(a), §314(b), America Invents Act

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Kyle Durante

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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P. Gavin Eastgate

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Dennis Ehling

Game On: Mid-Year Update on U.S. Gaming Industry's Expanding Regulations, Legislation, and Launches

2023 follows the trend of expansion within the U.S. gaming industry with a continued focus on sports betting, iGaming, and eSports. Several states implemented new initiatives, including releasing regulations, launching sports… more

Gambling, Gaming, Sports Betting, Sports Gambling

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Jason Eig

Coronavirus Guidance for the Real Estate Industry

This client alert is intended to highlight some issues facing landlords, tenants, lenders, borrowers, sellers, and buyers arising out of the coronavirus, known also as “COVID-19.” The legal landscape will likely change as courts… more

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

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James Ellis II

Mainbrace: January 2016 No. 1

2015 was an interesting year for the shipping industry. The dry bulk market had a very challenging 2015, with the Baltic Dry Index hitting new all-time lows. Based on various reports, the outlook for 2016 is not very positive,… more

Attorney-Client Privilege, Chapter 15, Coast Guard, Cybersecurity, Federal Maritime Commission

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Diana Eng

Eleventh Circuit Affirms Dismissal of FCRA Claims Since Alleged Inaccurate Information Was Not Objectively and Readily Verifiable

Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a… more

Consumer Reporting Agencies, Consumer Reports, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA)

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Jonathan England

Supreme Court Limits Judicial Review of IPR Institution Decisions

On April 20, 2020, in Thryv, Inc. v. Click-to-Call Techs., LP, 590 U.S. __ (2020), the Supreme Court extended its decision in Cuozzo Speed Techs., LLC v. Lee, 579 U.S. __ (2016) to prohibit appeals of decisions from the Patent… more

§ 314(d), § 315(b), §314(a), §314(b), America Invents Act

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Michael Esposito

Eleventh Circuit Affirms Dismissal of FCRA Claims Since Alleged Inaccurate Information Was Not Objectively and Readily Verifiable

Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a… more

Consumer Reporting Agencies, Consumer Reports, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA)

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Rachel Evans

The BR International Trade Report: June 2025

Welcome to this month’s issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter highlighting international trade, cross-border investment, and geopolitical risk issues impacting businesses… more

China, Economic Sanctions, EU, Export Controls, Popular

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Alan Feigenbaum

Protecting Your Family Matters Newsletter: Summer 2024

Epochs and Change. Facing Our Times, along with Ourselves. Are you the same person you were 20 or 30 years ago? Even 10? Are we our same selves in any given era of life? Of course, the answer to each of these questions is… more

Divorce, Marriage, Parenting Plans, Spouses

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Michael Feinman

Midconstruction Refinancing: A Plunge Into The Void?

Construction loans typically do not get refinanced before a project is completed. A construction loan is short-term in nature and both the lender and its customer expect that they will stay on the project until the project is… more

Construction Industry, Construction Loans, Construction Project, Lenders, Liens

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Craig Fields

Gains on Sales of Franchises Held Nonbusiness Income in Arkansas

Consistent with the decisions in several other states interpreting the Uniform Division of Income for Tax Purposes Act’s (“UDIPTA”) definition of nonbusiness income, an Arkansas Circuit Court concluded that gains from the sales… more

Appeals, Business Entities, Business Income, Corporate Taxes, Franchises

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Lawrence Flick II

Proposed Treasury Regulations Shift the Landscape in Debt Financings over Collateral of Foreign Subsidiary Stock

Proposed Treasury Regulations have been published that will permit many U.S. corporate borrowers to provide a lender with a greater collateral package in respect of its foreign subsidiaries without an adverse tax consequence to… more

Controlled Foreign Corporations, Dividends, Foreign Corporations, GILTI tax, IRS

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Lauren Medeiros Forster

MA Cannabis Commission Releases New HCA Resources

Last week, the Massachusetts Cannabis Control Commission (“CCC” or the “Commission”) released new resources for navigating the rocky waters of community impact fees (“CIFs”) and host community agreements (“HCAs”). This… more

Contract Terms, Marijuana, Marijuana Related Businesses, Municipalities, Regulatory Requirements

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Carmen Francella III

Massachusetts Pay Transparency Law: FAQs & February Deadline

The Commonwealth of Massachusetts Executive Office of Labor and Workforce Development recently published FAQs that provide guidance on the Commonwealth’s new Salary Range Transparency Act (“the Act”). The Act requires employers… more

Disclosure Requirements, Employment Policies, Equal Employment Opportunity Commission (EEOC), Pay Transparency, Reporting Requirements

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Katherine Franco

Designing a New Framework: Federal Circuit Sets New Standards for Obviousness Test for Design Patents

In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is consistent… more

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

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Gabrielle Ganze

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Inbal Garrity

“We Have Ways of Making You Talk,” New DOJ Incentives for Self-Reporting Corporate Misconduct

Last week, Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. (“AAG Polite”) announced revisions to the Department of Justice Criminal Division’s Corporate Enforcement Policy (the “CEP”). These revisions… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Self-Reporting

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Sara Gerber

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Carol Gershon

Pennsylvania Act 170 of 2016: Implications for Real Estate Transactions

In late 2016, Act 170 of 2016 (“Act 170”) was signed into law, heralding changes to the existing laws covering unincorporated entities in Pennsylvania. Act 170 went into effect on February 21, 2017, for newly formed general… more

Business Formation, Choice of Entity, General Partnerships, Limited Liability Company (LLC), Limited Partnerships

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Michelle Gervais

[Virtual Event] Champions of Social Justice: Professional Sports Leaders on Anti-Racism and Allyship - February 25th, 4:00 pm - 5:00 pm ET

From the arena to the boardroom… What lessons have we learned and how can they be applied in Corporate America? In celebration of Black History Month, join us for a special roundtable with esteemed thought leaders at the… more

Anti-Discrimination Policies, Athletes, Board of Directors, Diversity and Inclusion Standards (D&I), Human Rights

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John Gibbons

Transferring Risk Helps Relieve Leaders’ Biggest Fears

According to Aon’s 2022 Executive Risk Survey, which aggregates and examines responses to its annual international survey of C-suite leaders and senior executives in the U.S., the EU and the UK including 800 respondents at… more

Cyber Attacks, Cyber Insurance, Insurance Claims, Insurance Industry, Policy Exclusions

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Eugene Gibilaro

Tax Assessments: Minimum Evidentiary Foundation Required

When a taxpayer challenges an assessment issued by a state or local taxing authority, the taxing authority will typically assert that its assessment should be afforded a presumption of correctness, and the burden of proof is on… more

Local Taxes, Sales Tax, State Taxes, Tax Assessment, Tax Liability

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David Gilbert

Congress Provides Payroll Tax Credits to Employers Coping with the Coronavirus Pandemic

Recently enacted legislation related to COVID-19 allows an eligible employer to claim tax credits if the employer is required to pay certain sick or family leave wages to employees who are unable to work due to circumstances… more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Jeanne Grasso

The FMC Announces Investigation into Flags of Convenience and Unfavorable Conditions Created by Flagging Practices

The U.S. Federal Maritime Commission (“FMC”) announced on May 21, 2025 that it is initiating a non-adjudicatory investigation into whether the: 1) vessel flagging laws, regulations, and/or practices of certain foreign… more

Economic Sanctions, Enforcement Actions, Federal Maritime Commission, Government Agencies, International Trade

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Erica Graves

FDA Make-Over of Cosmetics Regulations is Not Limited to Cosmetics Businesses

The Food and Drug Administration (“FDA”) will begin enforcement of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) on July 1, 2024. MoCRA represents the biggest regulatory overhaul for the cosmetics industry in… more

Cosmetics, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Product Labels

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Michael Greenbaum

Issues to Consider before Asserting a Software Patent

Software patents have garnered a lot of attention in recent years due, at least in part, to the proliferation of software-enabled devices, such as smartphones and tablets, and the use of software to control a range of devices… more

Abstract Ideas, Computer-Related Inventions, Intellectual Property Protection, Patent-Eligible Subject Matter, Patents

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Deborah Greenspan

Lead Contamination in Water: Flint Water Crisis Update

The existence of lead pipes in municipal water systems and service lines connecting residential and commercial properties to water mains throughout the United States continues to generate litigation and regulatory action. The… more

Class Action, Clean Water Act, Contamination, Drinking Water, Environmental Litigation

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Jon Grossman

AI Inventions and Subject Matter Eligibility

In June 2014, the U.S. Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International, et al., where it removed the presumption that software operating on standard hardware components could avoid being deemed an… more

Intellectual Property Protection, Inventions, Patent Applications, Patent-Eligible Subject Matter, Patents

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Joseph Gulant

Renewable Energy Tax Credits under the Inflation Reduction Act: Opportunities for Exempt Organizations

The Inflation Reduction Act of 2022 (the “IRA” or “Act”) added and modified several renewable energy tax provisions under the Internal Revenue Code of 1986, as amended (the “IRC”).[1] These changes provide many opportunities for… more

Energy Projects, Energy Tax Incentives, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Investment Tax Credits

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Andrew Haas

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Anthony Haller

Court Temporarily Hits the Brakes on EO 14173 Ending Illegal Discrimination: What Employers Should Know

Big Picture - On February 21, 2025, a Federal Judge in the District Court of Maryland granted a temporary injunction blocking portions of President Trump’s Executive Orders “Ending Illegal Discrimination and Restoring Merit… more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders, False Claims Act (FCA)

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Noe Hamra

Can Foreign Corporate Defendants Be “Found” by Registering and Appointing an Agent Post Mallory?

Post Mallory v. Norfolk Southern Railway Co., are foreign corporate defendants “found within the district” for purposes of Rule B by registering to do business in New York and appointing an agent for service of process?… more

Jurisdiction, Maritime Transport, Shipping, Vessels

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Robert Handler

Two New Calif. Laws Require Increased Environmental Disclosures for Companies

California Gov. Newsom recently signed two bills into law that require larger companies doing business in the State to publicly disclose their greenhouse gas emissions and climate-related financial risks and risk mitigation… more

California, Climate Change, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Arthur Hankin

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should contact… more

Affirmative Defenses, Airline Passengers, Aviation Industry, Federal Question Jurisdiction, International Litigation

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Shane Hannon

What Contractors Facing Terminations, Stop-Work Orders, and Suspension of Work Orders Directed by the Trump Administration Need to Know

The Trump administration’s directives to “pause” grant funding and to terminate certain grants and contracts sent shock waves through the government contracts and non-profit sectors. Although the “pause” in grant funding has… more

Contract Disputes, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Funding

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Nicholas Harbist

How the Crime Victims’ Rights Act Impacts Victims and Can Affect the Justice Department’s Resolution of Claims to Defraud the Federal Government

In this article, the authors contend that federal prosecutors, when prosecuting conspiracies to defraud the government, would do well to not only consider potential victims outside the four corners of the conspiracy to defraud… more

Crime Victims, Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ), Federal Contractors

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Stephanie Harden

The Bottom Line: Cost and Pricing Updates | Act of God or Compensable Delay?

Welcome to The Bottom Line: Cost and Pricing Updates, a new series covering what contractors should know about recent cost and pricing disputes—without the long read!… more

Appeals, Construction Disputes, Contract Disputes, Federal Contractors, Government Agencies

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Craig Haring

Fintech Alert: Will Delaware or California Adjudicate a $1 Billion Commercial Contract Dispute Related to a Cryptocurrency?

Corporate Litigation - Action Item: As Jamie Dimon, the CEO at J.P. Morgan Chase, continues to criticize Bitcoin as a fraud, and the Securities and Exchange Commission warns of the potential dangers of investing in initial… more

Blockchain, Cryptocurrency, FinTech, Initial Coin Offering (ICOs), Popular

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Mark Haskell

LNG by Rail: The D.C. Circuit Vacates a DOT Rulemaking and Outlines a Path for Challenges Yet to Come

In Sierra Club v. United States Dep’t of Transportation, a panel of the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a final rule issued by the Department of… more

Administrative Procedure Act, Appeals, Department of Transportation (DOT), Environmental Litigation, Environmental Policies

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Alex Hassid

The BR Privacy & Security Download: June 2023

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice… more

California Consumer Privacy Act (CCPA), COPPA, Cybersecurity, Data Privacy, Data Protection

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Scott Hatch

[Webinar] The New Washington: Election Summary and Potential Impact on Business - November 30th, 4:00 pm - 5:00 pm ET

Now that the dust has settled from the chaotic 2020 Presidential and Congressional elections, it is time to consider what the new political landscape means for Washington, policy, and industry. In this helpful and informative… more

Election Results, Legislative Agendas, Presidential Elections, Regulatory Agenda, Senate Committees

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John Heintz

Resources for Hurricane Ida

In the aftermath of Hurricane Ida’s historic landfall on the Gulf Coast, and the subsequent destruction in several states in the south and along the Eastern seaboard, damage to life and property is still being assessed… more

Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters, Property Insurance

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Bradley Henry

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Terry Henry

FDA Make-Over of Cosmetics Regulations is Not Limited to Cosmetics Businesses

The Food and Drug Administration (“FDA”) will begin enforcement of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) on July 1, 2024. MoCRA represents the biggest regulatory overhaul for the cosmetics industry in… more

Cosmetics, Food and Drug Administration (FDA), Manufacturers, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Product Labels

See all updates »

Andrew Herman

What Employers Need to Know About President Trump’s Removal of NLRB Member Gwynne Wilcox and Two EEOC Commissioners

In a significant move, President Donald Trump has fired a member of the National Labor Relations Board (“NLRB” or “Board”) without reference to the statutory protections that typically shield Board members from being removed… more

Constitutional Challenges, Department of Labor (DOL), Employment Litigation, Equal Employment Opportunity Commission (EEOC), NLRA

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Ira Herman

Security Interests and Liens Priorities

This practice note discusses the requirements for the attachment and perfection of consensual security interests in personal property under Article 9 of the Uniform Commercial Code (UCC). A security interest is said to attach to… more

Bankruptcy Code, Bankruptcy Court, Creditors, Debtors, Liens

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Jack Higdon

The Sedona Conference Issues Helpful and Important Commentary on the Proportionality Concept Applicable to Electronic Discovery

Action Item: The following set of six principles proposed by the Sedona Conference Working Group on Electronic Document Retention and Production should serve as practical guidance for litigants adhering to the proportionality… more

Discovery, Duty to Preserve, Electronically Stored Information, Federal Rules of Civil Procedure, FRCP 26(b)(1)

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Margaret Anne Hill

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Jason Hirsch

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Timothy Hruby

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Tianmei Ann Huang

The BR Privacy & Security Download: January 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, Electronic Protected Health Information (ePHI)

See all updates »

Joshua Huber

Ninth Circuit Holds Non-Judicial Foreclosure of Deed of Trust Is Not Debt Collection under the FDCPA

Action Item: The United States Court of Appeals for the Ninth Circuit affirms that activities incident to the non-judicial foreclosure of a deed of trust under California state law is not “debt collection” within the scope of… more

Debt Collection, Debt Collectors, Deed of Trust, FDCPA, Foreclosure

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Emily Hussey

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Michael Iannucci

Class Gets the Squeeze: Class Certification Denied in In Re: Tropicana Orange Juice Marketing and Sales Practices Litigation, Civil No. 2:11-07382, MDL 2353 (D.N.J. Jan. 22, 2018)

Consumer class action litigation—often accusing the defendant company of deceiving its customers—strikes at the heart of a company’s reputation, goodwill, and brand—all of which are often built over the course of many years or… more

Class Action, Class Certification, Consumer Fraud, FRCP 23(b)(2), FRCP 23(b)(3)

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Brooke Iley

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Cory Jacobs

New York State Tax Department Issues Guidance on Pass-Through Entity Tax

The New York State Department of Taxation and Finance has issued guidance on the recently enacted New York Pass-Through Entity Tax. Technical Memorandum, “Pass-Through Entity Tax,” TSB-M-21(1)C, (1)I (N.Y.S. Dep’t of Taxation &… more

Income Taxes, Pass-Through Entities, State Taxes, Tax Deductions

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Robert Jacobs

Eyes Wide Open: The Quest for Arbitrator Impartiality in the Wake of Halliburton

On November 27, 2020, the day after Thanksgiving was celebrated in the United States, the United Kingdom Supreme Court issued a long-awaited decision in Halliburton Company v. Chubb Bermuda Insurance Ltd., a decision that has… more

Arbitration, Arbitrators, Disclosure Requirements, Halliburton, Impartiality

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Elizabeth Jochum

FAR on the Chopping Block: Potential Impacts on Protests

As those in the federal contracting community wait anxiously for rumored and hinted at changes to the Federal Acquisition Regulation (“FAR”), we are beginning to evaluate how certain of those changes might most impact our… more

Bid Protests, Contract Terms, DFARS, Federal Acquisition Regulations (FAR), Federal Contractors

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Nicole Johnson

If You Don’t Ask, The Answer’s Always No

One of the first rules of business is that you don’t leave money on the table. That adage is equally important in tax matters. Taxpayers can leave behind funds by failing to follow the rules. The importance of compliance with… more

Appeals, Corporate Taxes, Filing Requirements, Financial Institutions, Statutory Interpretation

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Emma Jones

Maritime Liens and Arrests Under U.S. Law

Maritime liens typically arise from torts, contracts or particular maritime services such as salvage or towage. In this article, the authors discuss categories of maritime liens, arrests and attachments and more. What Is a… more

Arrest, Liens, Vessels, Warrants

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Oliver Jury

Defense Contractors’ Restrictions When Contracting with Chinese Companies

In the current economic climate, the obvious focus of many companies is on the administration’s imposition of tariffs. However, government contractors, especially those contracting with the U.S. Department of Defense (“DoD”),… more

China, Defense Contracts, Defense Sector, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

See all updates »

Michael Kadlec

2017 New Tax Law: Executive Compensation Reform

On December 20, 2017, Congress passed its comprehensive tax reform bill, the Tax Cuts and Jobs Act (the “Act”), which was signed into law by President Trump on December 22, 2017. The Bill represents one of the most extensive… more

Compensation & Benefits, Corporate Taxes, Excise Tax, Executive Compensation, Section 162(m)

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Lynn Kamarck

Recent International Trade Activity Impacting Imported Solar Panels

Three recent events could impact the duties that U.S. companies will owe on imports from crystalline silicon photovoltaic (“CSPV”) cells and modules. First, the U.S. Department of Commerce (“Commerce”) initiated new antidumping… more

Imports, Solar Energy, Solar Panels, Tariffs, Trade Policy

See all updates »

Stephanie Gantman Kaplan

OSHA’s COVID-19 Update—Only Guidelines for Most Employers

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released its COVID-19 Emergency Temporary Standard (ETS) which outlines new requirements for most healthcare settings, along with guidance for… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases, OSHA

See all updates »

Alan Kashdan

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Matthew Kaslow

Fundamental Procedural Fairness: The Sine Qua Non for the Enforcement of Third-Party Releases Authorized in a Foreign Proceeding

Third-party releases have perennially been a hot-button issue in U.S. chapter 11 reorganization cases and have resulted in additional scrutiny in the context of chapter 15 cases, where such releases are included in a foreign… more

Bankruptcy Code, Chapter 11, Chapter 15, Commercial Bankruptcy, Corporate Restructuring

See all updates »

Jacob Kearney

New Year, New Legal Requirements for New York Employers

While New York employers will likely face ongoing challenges in 2021 as the COVID-19 pandemic continues to disrupt business operations, they must also contend with a number of new and recently enacted employment laws. To help… more

Coronavirus/COVID-19, Drug Testing, Employer Liability Issues, Hiring & Firing, Job Applicants

See all updates »

Jonathan Keen

New California Law Requiring Female Directors on Public Company Boards Becomes Effective

This client alert provides an update on the new legislation passed in California as it relates to the minimum number of female directors that must serve on the board of directors of each publicly held domestic or foreign… more

Board of Directors, Corporate Governance, Diversity, Governor Brown, Woman Board Members

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Regina Stango Kelbon

Delaware Bankruptcy Court Announces Resumption of Limited On-Site Hearings Beginning June 17; Video/Telephonic Hearings Likely to Continue Throughout the Summer

On June 17, 2020, the United States Bankruptcy Court for the District of Delaware, one of the nation’s busiest bankruptcy courts, announced the resumption of limited in-person, on-site hearings in critical cases and subject to… more

Bankruptcy Court, Coronavirus/COVID-19, Videoconference

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James Kelly

Advent of Legal Sports Betting across the D.C. Metro Area

Residents all across the Washington, D.C., metropolitan area could soon have access to legal sports betting. With the District of Columbia poised to officially launch sports betting within the next several weeks, both the… more

Casinos, Gambling, Sports Betting, Sports Gambling, State and Local Government

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Peter Kelsen

Philadelphia City Council Enacts Sweeping Changes to the Tax Abatement Program

Last year, Philadelphia City Council enacted changes to Philadelphia’s residential tax abatement program via legislation that reduced the value of certain approved abatements by 10 percent per year, commencing with abatements… more

City Councils, Property Owners, Property Tax, Tax Abatement

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Nikki Kessling

Texas Expands Employer—and Individual—Liability for Sexual Harassment Claims

Effective September 1, 2021, new provisions in the Texas Commission on Human Rights Act (“TCHRA”) provide greater protections and remedies for employees alleging sexual harassment. Key changes include the following… more

Employer Liability Issues, Sexual Harassment, State Labor Laws, Title VII

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Jason Kim

Real Estate: Foundation - April 2015

In this issue: - How NMTCs Benefit Real Estate Community Development Initiatives - Noteworthy Real Estate Deals - What’s Your Priority? An Open-Ended Examination of Pennsylvania’s Mechanics’ Lien… more

Affordable Housing, Financial Institutions, Habitat Conservation Plan, Mechanics' Lien Acts, Mortgage Lenders

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John Kimball

The Supreme Court Rejects Punitive Damages in Unseaworthiness Claims

A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced an… more

Appeals, Bodily Injury, Employer Liability Issues, Punitive Damages, Reversal

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Christopher Kimura

The BR International Trade Report: April 2025

Welcome to this month’s issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter highlighting international trade, sanctions, cross-border investment, geopolitical risk issues, trends, and laws… more

CFIUS, China, Foreign Investment, Popular, Retaliatory Tariffs

See all updates »

Sharon Klein

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Howard Knee

Employer Alert: California Puts Another “Premium” on Meal Period Compliance

Caroline Powell Donelan and Howard M. Knee California is infamous for its hostility towards employers. On May 23, the California Supreme Court continued on its unwavering mission to solidify that well-earned reputation by… more

Employer Liability Issues, Employment Policies, Rest and Meal Break, State Labor Laws, Wage and Hour

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Hilary Korman

Second Circuit Confirms Interest Disclaimer Not Required on Collection Notices Not Accruing Interest

In a win for the collection industry, the Second Circuit Court of Appeals confirmed an “interest disclaimer” is only necessary on collection notices if the debt is accruing interest. While this much-needed clarification may… more

Debt Collection, Debt Collectors, FDCPA, Popular

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Jonathan Korn

New Jersey Resumes Commercial Landlord-Tenant Trials

Commercial landlord-tenant trials are returning to New Jersey. On June 2, 2021, the New Jersey Supreme Court signed an Order ending the moratorium on commercial landlord-tenant eviction trials. Under the Order, pending and… more

Commercial Leases, Commercial Tenants, Landlords, Moratorium

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Linda Kornfeld

Resources for Gulf Coast Storms and California Wildfires

As Tropical Storm Marco is expected to make landfall today on the coast of Louisiana, reports indicate Tropical Storm Laura is expected to strengthen to a hurricane before it makes landfall on the Gulf Coast late Wednesday or… more

Hurricane Season, Natural Disasters, Severe Weather, Wildfires

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Martin Krezalek

DOJ’s Failure to Provide Effective Guidance on Website Accessibility Requirements under the ADA Leaves Congress as the Only Option to Address the Problem of Abusive Lawsuits

Over the past five years, businesses with an online presence have been pummeled with lawsuits accusing them of having websites that are supposedly inaccessible to the blind and hearing impaired in violation of the Americans With… more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Public Accommodation, Web Content Accessibility Guidelines (WCAG)

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David Kronenberg

Transactional Corner: Cross-Default (Under Specified Transactions?)—Drafting Considerations Related to a “Compound” Event of Default

Background - The governing agreements for a wide range of transactions, from the most basic financing arrangements to the most complex derivatives trading relationships, frequently include a “cross-default” event of default… more

Derivatives, Financial Transactions, ISDA, ISDA Master Agreement, Threshold Requirements

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Adam Landy

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Justin Lavella

New York Courts Skeptical of Insurers Seeking to Hide Coverage Analysis as Privileged

One of the most basic discovery requests in insurance coverage litigation is for the insurer’s claims-handling documents and coverage analysis. A policyholder suing for insurance coverage is entitled to understand the insurer’s… more

Attorney-Client Privilege, Insurance Industry, Insurance Litigation, Work-Product Doctrine

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Adam Laver

Philadelphia City Council Enacts Sweeping Changes to the Tax Abatement Program

Last year, Philadelphia City Council enacted changes to Philadelphia’s residential tax abatement program via legislation that reduced the value of certain approved abatements by 10 percent per year, commencing with abatements… more

City Councils, Property Owners, Property Tax, Tax Abatement

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William Lawler III

Tradition! Tradition! Tradition!: Mail and Wire Fraud Prosecution Theories Must Be Grounded in Traditional Concepts of Property

What does the musical Fiddler on the Roof have to teach us about prosecuting theories of mail and wire fraud? You have to ground everything in Tradition! Tradition! Tradition! This week, the U.S. Supreme Court (“SCOTUS”)… more

Mail Fraud, Right to Control, SCOTUS, Wire Fraud

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Evan Lechtman

FINRA Releases Guidance to Aid Broker-Dealers in Combating Enhanced COVID-19 Cybersecurity Risks

Like other industries, broker-dealers have transitioned their workforces to remote working/teleworking arrangements as the coronavirus (“COVID-19”) public health emergency has persisted. At the same time, broker-dealers also… more

Broker-Dealer, Business Continuity Plans, Coronavirus/COVID-19, Cybersecurity, Financial Industry Regulatory Authority (FINRA)

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Melanie Lee

California Snags Former Resident for Tax Due on Stock Options

Many employees receive stock options as compensation from their employers. When receiving this type of compensation, the state tax implications may not be at the forefront of the employees’ minds, especially where it may be… more

Appeals, California, Employee Benefits, Former Employee, Income Taxes

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Jay Lessler

Supreme Court Sets Limits for Assignor Estoppel

The Supreme Court’s recent decision in Minerva Surgical Inc. v. Hologic, Inc. has drastically limited the doctrine of assignor estoppel, requiring patent practitioners to reconsider assignment and other contractual provisions… more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

See all updates »

Keith Letourneau

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Robert Levicoff

The Beginning of the End of the Internal Combustion Engine? California to Phase Out Gas-Powered Vehicles by 2035

A leader in stringent auto emission regulations, the State of California recently took additional steps in its effort to further protect the environment. On August 25, 2022, the California Air Resources Board (“CARB”) voted to… more

CARB, Climate Change, Electric Vehicles, Governor Newsom, Greenhouse Gas Emissions

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Mara Levin

2024 Brings Change for New York Employers

LEGISLATION - This year brings significant legislative updates recently passed in New York that may impact your business operations. Three of these laws, and a recent Court of Appeals decision, introduce important changes… more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, Minimum Salary, Social Media

See all updates »

Samuel Levy

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to Consumer-Facing Websites

On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et… more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

See all updates »

Lois Liberman

[Webinar] Embracing New Beginnings: Moving on after Divorce - August 15th, 5:00 pm - 6:00 pm EDT

Look Ahead with Lois Liberman: A Women’s Salon Series - Blank Rome partner Lois J. Liberman’s Look Ahead salons are designed to address the very personal and pivotal issues that concern women who are divorced and divorcing… more

Divorce, Family Law Courts, Marriage, Spouses, Webinars

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Gregory Linsin

MAINBRACE: April 2019

Note from the Editor - Spring seems to be upon us, at last. Perhaps we have no right to complain about the weather, but that has never stopped us! It seems like our New York, Washington, D.C., and Philadelphia offices spend… more

Ballast Water Management, BOEM, Coast Guard, Department of Homeland Security (DHS), Federal Maritime Commission

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Jonathan Loeb

First Circuit Finds Uber’s Arbitration Clause to be Unenforceable Because the Hyperlink to the Clause Was Too Inconspicuous

Businesses utilizing online or smart phone app-based contracts containing arbitration clauses accessed by hyperlink should ensure that the link is very conspicuous and that the user is required to read the terms and click to… more

Arbitration, Arbitration Agreements, Conspicuous Publication Rule, Terms of Service, Uber

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Namrata Loomba

Second Circuit Holds No Need to Identify Components of Debt Where Collection Letter Provides Exact Amount Owed and Reaffirms Use of Safe Harbor in Holding Debt Collector’s Letter Did Not Violate the FDCPA

In Kolbasyuk v. Capital Management Services, LP, No. 18-1260 (2d Cir. 2019), the Second Circuit recently held that a debt collector’s letters informing a consumer of the total present amount of debt owed satisfies Fair Debt… more

Debt, Debt Collection, Debt Collectors, FDCPA

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Stacy Louizos

Regulatory Update and Recent SEC Actions - July 2023

REGULATORY UPDATES - Recent SEC Leadership Changes - The Securities and Exchange Commission (the “SEC”) announced the appointment of Deborah J. Jeffrey as Inspector General effective May 7, 2023. Prior to this… more

Beneficial Owner, Broker-Dealer, Disclosure Requirements, Form PF, Investment Adviser

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Frederick Lowther

The Hydrogen Color Wheel: A Primer

The international dialogue about climate change and the “net zero” world now includes a focus on hydrogen as an abundant source of energy useful in myriad ways (refining, fertilizer production, motive power, etc.) with… more

Climate Change, Energy Sector, Hydrogen Power, Renewable Energy

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Michael Lupton

PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations

Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do not easily break down… more

Commerce Clause, Constitutional Challenges, Disclosure Requirements, Environmental Litigation, Environmental Policies

See all updates »

Martin Luskin

How to Address Coronavirus-Related Landlord-Tenant Issues

This client alert provides some concrete advice to landlords, building owners, and management companies of both commercial and residential buildings dealing with issues surrounding the coronavirus… more

Coronavirus/COVID-19, Infectious Diseases, Landlords, Tenants

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Jason Luter

FAQ: Employee Stock Ownership Plans (“ESOPs”) in the Cannabis Industry

Welcome to our latest blog post where we delve into the intricacies of Employee Stock Ownership Plans (“ESOPs”). Scott H. Moskol, a partner and co-chair of the Cannabis practice at Blank Rome, and Jason S. Luter, a partner,… more

Business Ownership, Cannabis-Related Businesses (CRBs), Corporate Governance, Employee Benefits, ESOP

See all updates »

Christopher Manion

SBA Issues Guidance on Change of Ownership Transactions in Which SBA Consent Is Not Required

The U.S. Small Business Administration (the “SBA”) recently provided important and long anticipated guidance on requirements and exceptions for SBA consent in certain “change of ownership” transactions involving companies with… more

Borrowers, Change of Ownership, Coronavirus/COVID-19, Lenders, Loan Forgiveness

See all updates »

Louise Bowes Marencik

U.S. Court of Appeals for the Second Circuit Rules That the Funding Structure for the Consumer Financial Protection Bureau Is Constitutional

In this article, the authors review a decision by a federal circuit court of appeals upholding the constitutionality of the funding structure for the Consumer Financial Protection Bureau. Entities regulated by the Consumer… more

Appropriation, Civil Investigation Demand, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Financial Services Industry

See all updates »

Charles Marion

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to Consumer-Facing Websites

On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et… more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

See all updates »

Bridget Mayer Briggs

What Is “Knowing” under the FCA? Supreme Court to Consider Impact of Ambiguous Regulations

A successful False Claims Act (“FCA”) claim must show that the defendant submitted a false claim or statement “knowingly.” The “knowing” element—the scienter prong—depends on whether the defendant actually knew that the claim or… more

False Claims Act (FCA), Federal Contractors, Fraud, SCOTUS

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Krista McDonald

Deadlines Are Fast Approaching for Chicago and Illinois Employers

Several deadlines are on the horizon for Chicago and Illinois employers. Businesses should be aware of what they need to do to comply, or they may face significant daily penalties… more

Employee Training, Employer Liability Issues, Employment Policies, Sexual Harassment, State Labor Laws

See all updates »

Jessica McElroy

AB 238 Mortgage Deferment Act for California Wildfire: Mortgage Forbearance Relief

AB 238, also referred to as the Mortgage Deferment Act, to add Title 19.1 § 3273.20 et seq. (the “Mortgage Deferment Act” or the “Act”), was introduced in the California legislature on January 13, 2025 to provide essential… more

California, Consumer Financial Products, Financial Institutions, Foreclosure, Loan Modifications

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Christina Manfredi McKinley

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Michael Medveckus

FTC Announces Changes to HSR Filing Process as a Result of COVID-19 Crisis

On Friday, March 13, 2020, the Federal Trade Commission (“FTC”) issued a press release regarding changes to the procedures for submitting and reviewing pre-merger notification filings under the Hart-Scott-Rodino (“HSR”) Act as a… more

Coronavirus/COVID-19, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Infectious Diseases, Mergers

See all updates »

Luke Meier

GAO Rejects Notion of a Pre-FPR “Continuous Registration Requirement” for SAM

The last week saw GAO sustain two protests that should put the nail in the SAM “continuous registration” coffin. The Federal Acquisition Regulatory (“FAR”) Council recently revised the standard System for Award Management… more

Bid Protests, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, GAO

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Dana Merkel

Cybersecurity in the Marine Transportation System: What You Need to Know About the Coast Guard's Final Rule

The U.S. Coast Guard (“USCG”) published a final rule on January 17, 2025, addressing Cybersecurity in the Marine Transportation System (the “Final Rule”), which seeks to minimize cybersecurity related transportation security… more

Coast Guard, Compliance, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Threats

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Dominique Khani

CANCELED: Guidance for Policyholders on Event Cancellation Insurance in the Wake of COVID-19

Across the globe, governments and public health officials are banning large gatherings and imploring citizens to practice “social distancing” in order to slow and prevent the spread of the coronavirus outbreak, or “COVID-19.” As… more

Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Insurance Industry, Policy Terms

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Robyn Michaelson

New York Courts Skeptical of Insurers Seeking to Hide Coverage Analysis as Privileged

One of the most basic discovery requests in insurance coverage litigation is for the insurer’s claims-handling documents and coverage analysis. A policyholder suing for insurance coverage is entitled to understand the insurer’s… more

Attorney-Client Privilege, Insurance Industry, Insurance Litigation, Work-Product Doctrine

See all updates »

Anna Milunas

Policyholders Should Prepare Now to Demand Coverage for New York Adult Survivors Act Claims (Part 2)

New York’s Child Victims Act (“CVA”), which opened a one-year revival window extending the statute of limitations for claims of childhood sexual abuse, had a substantial impact on the state’s businesses and other institutions… more

Child Abuse, Child Protection Laws, Crime Victims, Insurance Industry, Sexual Abuse

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Anthony Mingione

2024 Brings Change for New York Employers

LEGISLATION - This year brings significant legislative updates recently passed in New York that may impact your business operations. Three of these laws, and a recent Court of Appeals decision, introduce important changes… more

Employer Liability Issues, Freelance Isn't Free Act (FIFA), Freelance Workers, Minimum Salary, Social Media

See all updates »

Josef Mintz

Delaware Bankruptcy Court Announces Resumption of Limited On-Site Hearings Beginning June 17; Video/Telephonic Hearings Likely to Continue Throughout the Summer

On June 17, 2020, the United States Bankruptcy Court for the District of Delaware, one of the nation’s busiest bankruptcy courts, announced the resumption of limited in-person, on-site hearings in critical cases and subject to… more

Bankruptcy Court, Coronavirus/COVID-19, Videoconference

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Dylan Mitchell

Kelly Clarkson’s Divorce Brings Family Court Battles over Vaccinating Kids against COVID-19 into Spotlight

In March, former American Idol winner turned mega-star and talk show host Kelly Clarkson settled her bitter divorce from Brandon Blackstock. While most details of the agreement, like the parties’ property division, Clarkson’s… more

Co-Parenting, Coronavirus/COVID-19, Divorce, Vaccinations

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David Moise

The IRS Announces Employee Retention Tax Credit Voluntary Disclosure Program: Why You May Want to Take a Look

It’s no secret. Lots of people made poor decisions about their eligibility for the employee retention credit (“ERC”), which was passed by Congress to help businesses weather the pandemic-induced economic downturn. Apart from… more

Eligibility, Employee Retention, IRS, Popular, Tax Credits

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Michael Joseph Montalbano

Department of Defense to Increase Scrutiny Over IT Consulting and Advisory Contracts

The Department of Defense’s (“DoD”) Under Secretary for Acquisition and Sustainment issued a memorandum on June 23, 2025, that tightens oversight on DoD contracts for information technology consulting & management services… more

Acquisitions, Contract Terms, Defense Contracts, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

See all updates »

Scarlett Montenegro Ordoñez

Can Non-Disclosure Agreements Survive the Federal Trade Commission’s Proposed Rule to Ban Non-Compete Agreements?

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rule, that if enacted, would categorically ban nearly all non-compete agreements, with a very limited exception for non-compete agreements in the… more

Employer Liability Issues, Federal Trade Commission (FTC), Non-Compete Agreements, Non-Disclosure Agreement, Proposed Rules

See all updates »

Jonathan Moore

U.S. Court of Appeals for the Second Circuit Rules That the Funding Structure for the Consumer Financial Protection Bureau Is Constitutional

In this article, the authors review a decision by a federal circuit court of appeals upholding the constitutionality of the funding structure for the Consumer Financial Protection Bureau. Entities regulated by the Consumer… more

Appropriation, Civil Investigation Demand, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Financial Services Industry

See all updates »

Scott Moore

Preview of What’s to Come for Trump 2.0

The re-election of former president Donald Trump as the 47th President of the United States will have major implications for the key policy issues described below. Empowered by a Republican majority in both chambers, though… more

Continuing Resolution, Department of Transportation (DOT), Environmental Protection Agency (EPA), Renewable Energy, Tariffs

See all updates »

Daniel Morgan

IRS Announces 2025 Retirement Plan Limits

The Internal Revenue Service (“IRS”) has announced the following dollar limits applicable to tax-qualified plans for 2025… more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, IRS

See all updates »

Taylor Morosco

DOL Issues Families First Coronavirus Response Act Guidance on Employer Coverage and Obligations to Provide Paid Sick and Family and Medical Leave

On March 24, 2020, the U.S. Department of Labor (“DOL”) published its first round of guidance on the Families First Coronavirus Response Act (“FFCRA”), which takes effect on April 1, 2020… more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), New Legislation, Paid Leave

See all updates »

Scott Moskol

FAQ: Employee Stock Ownership Plans (“ESOPs”) in the Cannabis Industry

Welcome to our latest blog post where we delve into the intricacies of Employee Stock Ownership Plans (“ESOPs”). Scott H. Moskol, a partner and co-chair of the Cannabis practice at Blank Rome, and Jason S. Luter, a partner,… more

Business Ownership, Cannabis-Related Businesses (CRBs), Corporate Governance, Employee Benefits, ESOP

See all updates »

Melissa Palat Murawsky

Will Early Stage Businesses Have Better Access to Capital with the New “Accredited Investor” Definition?

On August 26, 2020, the Securities and Exchange Commission (“SEC”) adopted new rules amending the definition of “accredited investor” in Regulation D under the Securities Act of 1933, which according to SEC Chairman Jay Clayton,… more

Accredited Investors, Early Stage Companies, Investment Advisers Act of 1940, Regulation D, Securities Act of 1933

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Margaret Murphy

Regulatory Update and Recent SEC Actions - October 2022

REGULATORY UPDATES - SEC Announces Leadership Changes - Anthony (“Tony”) C. Thompson was appointed to a second term as a board member of the Public Company Accounting Oversight Board (“PCAOB”), which will run until October… more

Board of Directors, Diversity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

Melissa Fundora Murphy

White Collar Watch (July 2017 • Vol 1, Issue 2)

Welcome to the summer edition of Blank Rome’s White Collar Watch. In a world that seems to bring new challenges daily—such as the global cybersecurity attacks that were launched in late June—this newsletter is designed to… more

Anti-Bribery, Anti-Corruption, Anti-Money Laundering, Bribery, Compliance

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James Murray

The Key Issue in Revived Sex Abuse Claim Insurance Disputes

In January of this year, New York passed the Child Victims Act. Previously, the state required that childhood sexual abuse suits be filed before a plaintiff’s 23rd birthday. The CVA includes a one-year period, known as a… more

Child Abuse, Insurance Industry, Liability Insurance, Sexual Abuse, Statute of Limitations

See all updates »

Andrew Nerney

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Alexander Newman

California Supreme Court Hears Oral Argument on 30-Day Arbitration Fee Rule: Key Takeaways from Hohenshelt

In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in SB… more

Appeals, Arbitration, Arbitration Agreements, CA Supreme Court, California

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Mitchell Newmark

City’s Electric Slide Stumbles as Invalid Tax

We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in… more

Appeals, Constitutional Challenges, Electricity, Employee Benefits, Energy Sector

See all updates »

Alex Nisenbaum

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Amanda Noonan

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Dean Nordlinger

Pivoting & Positioning Small Businesses for Dynamic (Full & Open) Growth

Recently, I hosted the second session of Blank Rome’s new on-demand webinar series, “Strategically Speaking,” with featured guests Gilbert Dussek of Gunnison Consulting Group and Kevin Robbins of Blue Delta Capital Partners… more

Acquisitions, Federal Contractors, Small Business

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Lauren O'Donnell

Best Practices for Healthcare Providers Offering Free Services to Patients under Federal Anti-Kickback Laws

The federal government is increasingly levying enforcement actions against all types of healthcare providers. These enforcement actions can result in civil and/or criminal liability for violations of the False Claims Act, Civil… more

Anti-Kickback Statute, Best Practices, Health Care Providers, OIG, Stark Law

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Kevin O'Malley

SBA Issues Guidance on Change of Ownership Transactions in Which SBA Consent Is Not Required

The U.S. Small Business Administration (the “SBA”) recently provided important and long anticipated guidance on requirements and exceptions for SBA consent in certain “change of ownership” transactions involving companies with… more

Borrowers, Change of Ownership, Coronavirus/COVID-19, Lenders, Loan Forgiveness

See all updates »

James O'Neill

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Adam Orlacchio

Third Circuit Challenges Supreme Court to Reconsider Whether an LLC’s Citizenship Should Be Based on Its Members

Action Item: An LLC’s state of organization and principal place of business are legally irrelevant for purposes of determining diversity jurisdiction in the Third Circuit. Despite the practical difficulties this law imposes on… more

Appeals, Diversity Jurisdiction, Jurisdiction, Limited Liability Company (LLC), Members

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Stephen Orlofsky

Judicial Independence in the Age of Trump

"A bad high school student would understand this." That is what President Donald J. Trump had to say about the Ninth Circuit, which was charged in Feb. 2017 with determining whether a district court’s order blocking the… more

Judicial Review, SCOTUS, Trump Administration

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Victoria Ortega

The Dawn of a New Day: Expansive Law Signals Heightened AML Enforcement

On January 1, 2021, the Senate voted to override the president’s veto and to enact the National Defense Authorization Act for Fiscal Year 2021 (the “NDAA”). Incorporated into the NDAA, the Anti-Money Laundering Act (“AMLA”) sets… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Department of Justice (DOJ), Financial Crimes

See all updates »

Joanne Osendarp

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Holli Packer

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Rachel Packer

Increased Muni Power Means Larger Fines For NJ Mortgagees

As a result of the recent changes in New Jersey law, mortgagees and servicers should review their practices and procedures to ensure timely response to notices of municipal code violations on abandoned or vacant properties in… more

Fines, Mortgage Loan Originators, Mortgage Servicers, Mortgages

See all updates »

Cynthia Langelier Paine

IRS Publishes Final Opportunity Zone Regulations

On December 19, 2019, the Treasury Department and Internal Revenue Service (the “IRS”) released final regulations for the opportunity zone (“OZ”) program to refine and clarify certain aspects of the first two sets of proposed… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

Ameya Paradkar

Supreme Court Sets Limits for Assignor Estoppel

The Supreme Court’s recent decision in Minerva Surgical Inc. v. Hologic, Inc. has drastically limited the doctrine of assignor estoppel, requiring patent practitioners to reconsider assignment and other contractual provisions… more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

See all updates »

Eric Parnes

The BR International Trade Report: June 2025

Welcome to this month’s issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter highlighting international trade, cross-border investment, and geopolitical risk issues impacting businesses… more

China, Economic Sanctions, EU, Export Controls, Popular

See all updates »

Kevin Passerini

New Year, New FTC Chair, and Renewed Focus on Non-Compete Agreements

It is nearly impossible to think about the Federal Trade Commission (“FTC”) without thinking about the chaos caused by the non-compete ban it approved last year over vociferous dissent only to have the ban vacated and set aside… more

Appeals, Employment Contract, Employment Litigation, Federal Trade Commission (FTC), Final Rules

See all updates »

Alexander Perry

Alice in Wonderland: Part Three

This article adds to the two-part series published by the Intellectual Property & Technology Law Journal in August and September 2018. This third article continues the analysis of decisions by the U.S. Court of Appeals for the… more

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

See all updates »

David Perry

USPTO Scam: A Warning to Trademark (and Patent) Owners

Multiple trademark owners have contacted Blank Rome to say that, starting this month, scam artists have contacted them by telephone pretending to be the U.S. Patent and Trademark Office (“USPTO”). The scam artists claim to be… more

Intellectual Property Protection, Patents, Trademarks, USPTO

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Stacy Phillips

Protecting Your Family Matters: Spring 2025

The Silent Divorce. Understanding the Sounds Beneath the Quiet. When we think about a marriage on the rocks, or one that is perhaps nearing its final moments, we often paint a picture of frequent, rancorous disagreements… more

Child Custody, Cohabitation, Divorce, Financial Planning, Marriage

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Michelle Piscopo

Should You Rush to the Finish Line?

The recently enacted tax law changes can have dramatic effects on all kinds of income tax situations, including divorce. With news that the alimony deduction will expire at the end of this year, many clients are asking if they… more

Alimony, Divorce, Income Taxes, Tax Cuts and Jobs Act, Tax Deductions

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Marc Polito

November 2024 Transaction Highlights: A Month of Newsworthy Successes

Our Cannabis Industry Group would like to thank our clients—major cannabis market leaders—for yet another successful month, trusting us to close several notable and newsworthy deals across various practice areas and industries… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Related Businesses

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Joseph Poluka

Pennsylvania Attorney General Cracking Down on Nursing Home Neglect Amid Coronavirus Pandemic

The Pennsylvania Attorney General is cracking down on patient neglect in nursing homes amid the ongoing and ever-evolving coronavirus pandemic. Criminal investigations already have begun, and more can be expected… more

Coronavirus/COVID-19, Criminal Investigations, Neglect, Nursing Homes, State Attorneys General

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Rachael Pontikes

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Allison Powers

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Adam Proujansky

CARES Act: Significant Funds for Defense Department and Defense Contractors

The recently enacted coronavirus COVID-19 Coronavirus Aid, Relief, and Economic Security Act stimulus package (the “CARES Act” or “the Act”) includes billions of dollars earmarked for the Department of Defense (“DoD”) and… more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors

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Ann Querns

DOJ Revises Yates Memo and Relaxes Approach to Corporate Cooperation Credit

The Department of Justice (“DOJ”) announced that it is stepping back from its hard-line approach to corporate cooperation credit in which a corporation was not eligible for credit unless it disclosed all relevant facts about all… more

Cooperation, Corporate Misconduct, Criminal Liability, Criminal Prosecution, Department of Justice (DOJ)

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Mark Rabinowitz

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier… more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

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Natalie Radabaugh

The FMC Announces Investigation into Flags of Convenience and Unfavorable Conditions Created by Flagging Practices

The U.S. Federal Maritime Commission (“FMC”) announced on May 21, 2025 that it is initiating a non-adjudicatory investigation into whether the: 1) vessel flagging laws, regulations, and/or practices of certain foreign… more

Economic Sanctions, Enforcement Actions, Federal Maritime Commission, Government Agencies, International Trade

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Lamiya Rahman

DOE Releases Draft Roadmap to Address Interconnection Challenges for Clean Energy Projects

On October 25, 2023, the Department of Energy (“DOE”) released a draft roadmap addressing challenges to the interconnection of clean energy projects to the transmission grid. The roadmap, developed by the Interconnection… more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

See all updates »

Anthony Rapa

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Louis Rappaport

Amendments to New York LLC Transparency Act Delay Effective Date, Among Other Changes

New York Governor Kathy Hochul last month signed into law amendments to the recently enacted New York LLC Transparency Act (as amended, the “NYLTA”), extending the NYLTA’s effective date from December 21, 2024, to January 1,… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Limited Liability Company (LLC), New York

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Jason Reisman

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated… more

Department of Labor (DOL), Employer Liability Issues, Enforcement Actions, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Christy Reuter

New York Court Decision Disrupts “Good Guy Guaranty” Liability Limitations

In the New York commercial leasing world, and in almost every privately-owned restaurant lease, the well-known “Good Guy Guaranty” is abundantly common. However, a decision by a judge in the Supreme Court for New York County,… more

Commercial Leases, Commercial Tenants, Landlords, Leases, New York

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Benjamin Reyes

Tradition! Tradition! Tradition!: Mail and Wire Fraud Prosecution Theories Must Be Grounded in Traditional Concepts of Property

What does the musical Fiddler on the Roof have to teach us about prosecuting theories of mail and wire fraud? You have to ground everything in Tradition! Tradition! Tradition! This week, the U.S. Supreme Court (“SCOTUS”)… more

Mail Fraud, Right to Control, SCOTUS, Wire Fraud

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Daniel Rhynhart

Volunteering for Those Who Served

The legal problems facing Pennsylvania’s seniors today—homelessness, elder abuse, and financial exploitation, among others—are serious and prevalent. We are exposed to instances of these problems daily: news stories and segments… more

Elder Abuse, Elder Issues, Homeless Issues, Veterans, Young Lawyers

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Jeffrey Richter

California’s Revised Uniform Limited Liability Company Act

A new California law governing limited liability companies became effective as of January 1, 2014. The California Revised Uniform Limited Liability Company Act (RULLCA) makes significant changes in the rights and… more

Fiduciary Duty, Indemnification, Limited Liability Company (LLC), Managers, Members

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Julia Riskowitz

Philadelphia Enacts POWERful New Worker Protection Ordinance

On May 27, 2025, Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights (“POWER”) Act into law, which expands the Philadelphia Department of Labor’s enforcement options for violations of the City’s expanding roster… more

Employee Benefits, Employee Rights, Employer Responsibilities, Enforcement Actions, Paid Leave

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Jeremy Rist

Seventh Circuit Resurrects Physician’s Antitrust Challenge to Loss of Medical Staff Privileges

Although many attempts by physicians to challenge hospital medical staff privileges terminations on antitrust grounds have fallen flat over the years, often because of perceived failures by the plaintiff to allege an appropriate… more

Antitrust Provisions, Corporate Counsel, Physicians, Sherman Act, The Clayton Act

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Natasha Romagnoli

Policyholders Should Prepare Now to Demand Coverage for New York Adult Survivors Act Claims (Part 2)

New York’s Child Victims Act (“CVA”), which opened a one-year revival window extending the statute of limitations for claims of childhood sexual abuse, had a substantial impact on the state’s businesses and other institutions… more

Child Abuse, Child Protection Laws, Crime Victims, Insurance Industry, Sexual Abuse

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Jeffrey M. Rosenfeld

Federal District Court Issues Nationwide Preliminary Injunction Barring Enforcement of Corporate Transparency Act

In Texas Top Cop Shop, Inc., et al. v. Garland, et al., a federal district court judge issued a nationwide preliminary injunction barring enforcement of the Corporate Transparency Act (“CTA”), finding that the CTA likely exceeds… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, Reporting Requirements

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Jeffrey Rosenfeld

Have You Heard? Voiceprint Biometric Suits Are on the Rise

Biometric technology, and the corresponding regulation thereof, has dramatically expanded in recent years. While most people may be familiar with fingerprint scanning and facial recognition, audio recognition has grown rapidly… more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

See all updates »

Jeffrey Rosenthal

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Alan Rubin

Resources for Hurricane Ida

In the aftermath of Hurricane Ida’s historic landfall on the Gulf Coast, and the subsequent destruction in several states in the south and along the Eastern seaboard, damage to life and property is still being assessed… more

Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters, Property Insurance

See all updates »

Daniel Saeedi

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Omid Safa

An Overview of Intellectual Property Insurance Issues

The strategic importance and economic value of intellectual property (“IP”) can hardly be overstated in today’s global marketplace. Recognizing this, companies devote considerable time and resources to protect their vital IP… more

Commercial General Liability Policies, Copyright, Copyright Infringement, Insurance Industry, Intellectual Property Protection

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Scott Samlin

Executive Summary – New York Regulation and Disclosure – What Mortgage Applicants Need to Know

A new law in New York took effect on June 11, 2025, requiring banking organizations, licensed lenders, and mortgage bankers provide a disclosure pamphlet titled “What Mortgage Applicants Need to Know” (the “Pamphlet”)… more

Banking Sector, Consumer Protection Laws, Disclosure Requirements, Lenders, Mortgage Lenders

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Caitlin Sanders

“C” Is for Consent When It Comes to Arbitration in California: U.S. Supreme Court Holds that Representative Action Waivers Are Enforceable to Compel “Individual” PAGA Claims to Arbitration

Last week, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (US 20–1573 6/15/22) (“Moriana”). The singular question presented to the Court was whether the Federal… more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Labor Law Violations, Popular

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Michael Sanders

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Victor Sandoval

Ninth Circuit Scrutinizes California Wiretap Law: Will Website Chat and Analytics Survive Legal Challenge?

The Ninth Circuit heard oral arguments on June 10, 2025, in three closely watched appeals—Gutierrez v. Converse Inc., Mikulsky v. Bloomingdale’s, LLC, and Thomas v. Papa John’s International, Inc.—that could shape the future of… more

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

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Frederick Sandstrom

Supreme Court Blocks OSHA Vaccine-Or-Test Rule

In a much-anticipated decision, the United States Supreme Court has blocked the Occupational Safety and Health Administration’s (“OSHA”) “vaccinate or test” Emergency Temporary Standard (“ETS”). The Court’s January 13, 2022,… more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, National Federation of Independent Business v Department of Labor and OSHA, OSHA

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Adam Sansweet

Supreme Court Watch 2016-2017 - Part I: Structured Dismissals and Insider Claims

The Supreme Court’s 2016–2017 term began last week with attention to two bankruptcy issues: Structured dismissals and insider claims. Structured Dismissals: - Structured dismissals occur when a company’s assets in… more

Appeals, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Brendan Saslow

Court of International Trade Sets Aside Presidential IEEPA Tariffs and Federal Circuit Postpones Nationwide Injunction

A three-judge panel of the United States Court of International Trade (“CIT”) issued a landmark decision on May 28, 2025, in V.O.S. Selections, Inc. v. United States, concluding that tariffs imposed by the President under the… more

Appeals, Executive Orders, Injunctions, International Emergency Economic Powers Act (IEEPA), Judicial Authority

See all updates »

Melissa Scacchitti

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Michael Schaedle

MAINBRACE: November 2019

Note from the Editor - As another year comes to a close, it is a perfect opportunity to evaluate the challenges and opportunities that we faced—and hopefully, embraced and overcame—as well as the goals we will set for the… more

Climate Change, Maritime Transport, Renewable Energy, Shipping, Shipping Cargo

See all updates »

Rachel Schaller

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Michael Scheffler

Coronavirus Guidance for the Real Estate Industry

This client alert is intended to highlight some issues facing landlords, tenants, lenders, borrowers, sellers, and buyers arising out of the coronavirus, known also as “COVID-19.” The legal landscape will likely change as courts… more

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

See all updates »

Peter Schnur

Amendments to New York LLC Transparency Act Delay Effective Date, Among Other Changes

New York Governor Kathy Hochul last month signed into law amendments to the recently enacted New York LLC Transparency Act (as amended, the “NYLTA”), extending the NYLTA’s effective date from December 21, 2024, to January 1,… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Limited Liability Company (LLC), New York

See all updates »

Stephen Schrier

Google Modifies Ad Policy to Benefit Daily Fantasy Sports and Lottery Couriers

Google has set the stage for a transformative change slated for July 15, 2024, providing a roadmap to extend Google Ads to daily fantasy sports (“DFS”) operators and lottery courier services across numerous U.S. states. A… more

Fantasy Sports, Gambling, Google, Sports Gambling

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Elaine Scivetti

Coronavirus Guidance for the Real Estate Industry

This client alert is intended to highlight some issues facing landlords, tenants, lenders, borrowers, sellers, and buyers arising out of the coronavirus, known also as “COVID-19.” The legal landscape will likely change as courts… more

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

See all updates »

Robert Scott

EPA’s Focus on Ethylene Oxide

The Environmental Protection Agency issued a final rule on March 14 that will require significantly reduced emissions from commercial facilities that sterilize medical devices and other equipment using ethylene oxide gas (“EtO… more

Air Pollution, Carbon Emissions, Clean Air Act, Environmental Protection Agency (EPA)

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Frank Segall

DEA to Move to Reclassify Cannabis to Schedule III

After years of speculation, the Associated Press (“AP”) announced yesterday that the U.S. Drug Enforcement Administration (“DEA”) will move to reclassify cannabis from a Schedule I to a Schedule III substance under the… more

Controlled Substances Act, DEA, Marijuana, OMB, Schedule I Drugs

See all updates »

Kathleen Shannon

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Joel Charles Shapiro

E-Commerce vs. Brick and Mortar: Buying and Selling Shopping Centers in Distress

Declining sales by large brick-and-mortar stores are a harbinger of the challenges facing shopping center owners. The continued popularity of e-commerce shopping creates additional pressure on the retail business model. As… more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers, Retail Market, Retailers

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Addison Sheppard

Preview of What’s to Come for Trump 2.0

The re-election of former president Donald Trump as the 47th President of the United States will have major implications for the key policy issues described below. Empowered by a Republican majority in both chambers, though… more

Continuing Resolution, Department of Transportation (DOT), Environmental Protection Agency (EPA), Renewable Energy, Tariffs

See all updates »

Brad Shiffman

SEC Director of Corporation Finance Discusses Increased Liability Inherent in De-SPAC Transactions in a Trend of Heightened Regulatory Scrutiny Amid SPAC-tacular Boom

John Coates, acting director of the SEC’s Division of Corporation Finance, released a public statement discussing the heightened securities laws liability attached to de-SPAC transactions, signaling the advent of increased… more

Corp Fin, Initial Public Offering (IPO), PSLRA, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

See all updates »

Karen Shin

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Douglas Shoemaker

Navigating the New Tariff Terrain: How Trump's Latest Policies Impact Global Trade and Shipping

President Donald Trump issued an Executive Order (“EO”) on April 2, 2025, titled Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade… more

Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA), Shipping, Tariffs

See all updates »

Jennifer Short

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Steven Shoumer

Coronavirus Guidance for the Real Estate Industry

This client alert is intended to highlight some issues facing landlords, tenants, lenders, borrowers, sellers, and buyers arising out of the coronavirus, known also as “COVID-19.” The legal landscape will likely change as courts… more

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

See all updates »

Laurence Shtasel

Pennsylvania Supreme Court Rules That Constitution Prohibits School Districts from Engaging in Selective Tax Appeals

Action Item: This alert examines the recent Pennsylvania Supreme Court decision in Valley Forge Towers Apartments v. Upper Merion School District, which held that a school district may not selectively appeal the assessments of… more

Property Tax, Real Estate Market, School Districts, Tax Appeals, Tax Assessment

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Ashley Silberfeld

A Family Lawyer’s Tips for LGBTQ+ Couples Considering Divorce with Kids

Divorce is difficult and complex for any family, but for LGBTQ+ couples, there can be additional legal challenges to navigate. Federal law currently recognizes and protects same-sex marriage, and, with it, the right to divorce… more

Child Custody, Divorce, LGBTQ, Same-Sex Marriage

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Richard Singleton II

Mainbrace: October 2017 (No. 4)

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington, D.C.,… more

Coast Guard, Congressional Review Act, Customs and Border Protection, Cyber Attacks, Cybersecurity

See all updates »

Joshua Sivin

Deli’s Party Platters Found Subject to Sales Tax Despite Customer Assembly Required

In the world of sales tax, the devil is often in the details. A recent decision from the New York State Tax Appeals Tribunal (“Tribunal”) serves as an example of how seemingly insignificant details can determine whether a sale… more

Administrative Law Judge (ALJ), Audits, Business Entities, Government Agencies, New York

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Deborah Skakel

How SCOTUS Clarified the Spokeo Standard of “Concrete” Harm Necessary to Establish Article III Standing, and What It Means for the Future of Class Actions

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021) (“TransUnion”), providing much needed clarity regarding the type of “concrete”… more

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

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Michael Slattery

Timely Protesting Non-Solicitations at GAO

The Government Accountability Office’s (“GAO”) rules for timely protesting non-solicitations can be confusing. Offerors (or potential offerors) diligently monitoring SAM.gov need to focus on the substance of a non-solicitation… more

Bid Protests, Bid Solicitation, Federal Contractors, GAO

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Irwin Slomka

Massachusetts Court Subjects Nonresident to Income Tax on Gain from Stock Sale

In a decision with troubling potential implications, a Massachusetts appellate court held that a nonresident individual was subject to Commonwealth income tax on capital gain from the sale of his stock in the corporation that he… more

Appeals, Audits, Business Entities, Capital Gains, Corporate Taxes

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Scott Smith

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier… more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

See all updates »

Brett Snyder

DOE Releases Draft Roadmap to Address Interconnection Challenges for Clean Energy Projects

On October 25, 2023, the Department of Energy (“DOE”) released a draft roadmap addressing challenges to the interconnection of clean energy projects to the transmission grid. The roadmap, developed by the Interconnection… more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

See all updates »

Jason Snyderman

Business Judgment Rule Applies to Shareholder Suits Challenging Going-Private Mergers in New York

Action Item: New York’s High court provides a road map of how corporate attorneys should structure going-private transactions involving controlling shareholders. Utilizing certain protective measures at the outset should ensure… more

Controlling Stockholders, Going-Private Transactions, Mergers, Shareholders

See all updates »

Daniel Sobol

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Elaine Solomon

Autonomous Vehicles: Now and In the Future, and Where Is the Legal Landscape Headed?

Autonomous vehicles are no longer just a futuristic dream; rather, automated driving technology is advancing so that such vehicles can become part of the mainstream. Automated driving technologies that everyone may be familiar… more

Automated Systems, Automated Transportation, Automotive Industry, Driverless Cars, Transportation Industry

See all updates »

Heather Sonnenberg

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier… more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

See all updates »

Lisa Casey Spaniel

Zoombombing Security & Privacy: Lessons from Zoom’s Recent Conduct

The outbreak of the coronavirus (“COVID-19”) pandemic in the United States has, with astounding speed, shifted much of America’s workforce to remote status. Videoconferencing apps like Zoom have surged, but so have security and… more

Coronavirus/COVID-19, Cybersecurity, Data Privacy, Data Security, Popular

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Amy Spencer

Lawsuit Underscores Need to Review Cyberinsurance Policies

The WannaCry and NotPetya computer viruses that infected computer systems around the world in 2017 sounded a wake-up call. They demonstrated the power of a cyber event to disrupt the core operations of numerous companies and… more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Data Protection

See all updates »

Megan Spitz

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls. On… more

Claim Preclusion, Collateral Estoppel, Corporate Counsel, Counterclaims, Defense Preclusion

See all updates »

James Staiger

After Acetris Decision, Trade Agreements Act Compliance Questions Abound: Contractors Need Guidance

The Federal Circuit’s recent decision in Acetris has left many contractors scratching their heads and asking questions. To recap, on February 10, 2020, the Federal Circuit held that, under the Federal Acquisition Regulation… more

Corporate Counsel, Customs and Border Protection, Federal Acquisition Regulations (FAR), Federal Contractors, Trade Agreements Act

See all updates »

Robert Stein

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier… more

Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility, Special Purpose Vehicles

See all updates »

Gustav Stickley V

Continued Momentum for Social Consumption Lounges

For a long time, social consumption lounges have been a sort of “White Whale” in the adult-use cannabis industry, murmured about and pursued but rarely spotted. Luckily for us Captain Ahabs, a number of state legislatures have… more

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Yaffa Stone

How the Crime Victims’ Rights Act Impacts Victims and Can Affect the Justice Department’s Resolution of Claims to Defraud the Federal Government

In this article, the authors contend that federal prosecutors, when prosecuting conspiracies to defraud the government, would do well to not only consider potential victims outside the four corners of the conspiracy to defraud… more

Crime Victims, Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ), Federal Contractors

See all updates »

Benjamin Stonelake

SCOTUS Holds that Challenges to the Definition of Waters of the United States Must Be Heard in the U.S. District Courts

Benjamin Stonelake In a unanimous decision and opinion delivered by Justice Sotomayor on January 22, 2018, in National Association of Manufacturers v. U.S. Department of Defense, the United States Supreme Court (“SCOTUS”) held… more

Administrative Procedure Act, Clean Water Act, Environmental Protection Agency (EPA), Jurisdictional Determination (JD), SCOTUS

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Wayne Streibich

Farewell, Hunstein—Eleventh Circuit Holds Disclosing Debtor’s Information to Mail Vendor Does Not Establish Concrete Harm

Financial institutions, debt collectors, debt collection law firms, and consumer-facing businesses should take note that the Eleventh Circuit Court of Appeals reversed the prior panel’s decision and has ruled that merely… more

Debt Collection, Debt Collectors, Debtors, FDCPA, Financial Institutions

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Joshua Strober

When Not to Rely: Non-Reliance Disclaimers after FdG

Action Item: To be effective in protecting a seller, acquisition agreements must contain a clear statement as to the disclaimer of reliance on extra-contractual representations and warranties and such disclaimer must come from… more

Acquisition Agreements, Acquisitions, Anti-Reliance Clauses, Mergers, Private Equity Firms

See all updates »

Ana Tagvoryan

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

See all updates »

Frank Tamulonis III

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

See all updates »

Stanley Tarr

Delaware Bankruptcy Court Announces Resumption of Limited On-Site Hearings Beginning June 17; Video/Telephonic Hearings Likely to Continue Throughout the Summer

On June 17, 2020, the United States Bankruptcy Court for the District of Delaware, one of the nation’s busiest bankruptcy courts, announced the resumption of limited in-person, on-site hearings in critical cases and subject to… more

Bankruptcy Court, Coronavirus/COVID-19, Videoconference

See all updates »

Jillian Taylor

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls. On… more

Claim Preclusion, Collateral Estoppel, Corporate Counsel, Counterclaims, Defense Preclusion

See all updates »

Stephanie Terinoni

Deference Denied to the South Carolina Department of Revenue

The South Carolina Court of Appeals determined that Duke Energy Corporation (“Duke”) was entitled to claim nearly $25 million in investment tax credits on its 1996 to 2014 South Carolina income tax returns, as the investment tax… more

Appeals, Corporate Taxes, Government Agencies, Investment, Judicial Authority

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David Thomas

California Corner: California’s Bar on Coverage for Willful Acts under Insurance Code Section 533—Don’t Assume It Applies

Like a number of states, California prohibits insurers from indemnifying policyholders for liability based on intentional conduct that was committed with the intent to cause harm, although it does not bar a defense against such… more

Denial of Insurance Coverage, Indemnification, Insurance Industry, Insurance Litigation

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Jane Thomas

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically, the… more

Appeals, Appellate Courts, Causation, Contamination, Environmental Policies

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Matthew Thomas

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Scott Thomas

[Webinar] The New Washington: Election Summary and Potential Impact on Business - November 30th, 4:00 pm - 5:00 pm ET

Now that the dust has settled from the chaotic 2020 Presidential and Congressional elections, it is time to consider what the new political landscape means for Washington, policy, and industry. In this helpful and informative… more

Election Results, Legislative Agendas, Presidential Elections, Regulatory Agenda, Senate Committees

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Theresa Topping

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Eric Tower

Leading with Integrity: Dr. David Schreiner on Transforming Rural Healthcare

Episode 16: Leading with Integrity: Dr. David Schreiner on Transforming Rural Healthcare - In this episode of BRight Minds in Healthcare Delivery, host Eric Tower engages in a thought-provoking conversation with guest Dr. David… more

Acquisitions, Board of Directors, Corporate Governance, Healthcare Facilities, Hospitals

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Michael Trainor

Game On: Mid-Year Update on U.S. Gaming Industry's Expanding Regulations, Legislation, and Launches

2023 follows the trend of expansion within the U.S. gaming industry with a continued focus on sports betting, iGaming, and eSports. Several states implemented new initiatives, including releasing regulations, launching sports… more

Gambling, Gaming, Sports Betting, Sports Gambling

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Shlomo Troodler

SBA Issues Guidance on Change of Ownership Transactions in Which SBA Consent Is Not Required

The U.S. Small Business Administration (the “SBA”) recently provided important and long anticipated guidance on requirements and exceptions for SBA consent in certain “change of ownership” transactions involving companies with… more

Borrowers, Change of Ownership, Coronavirus/COVID-19, Lenders, Loan Forgiveness

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Paul Tzur

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Alix Udelson

Congress Passes Bipartisan Legislation Prohibiting Mandatory Arbitration of Sexual Harassment Claims

President Biden is expected to soon sign into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), which was recently passed by both houses of Congress. President Biden has long… more

Arbitration, Employer Liability Issues, Mandatory Arbitration Clauses, Sexual Assault, Sexual Harassment

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Peter Valente

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Paula Vigo Marqués

Welcome to Internet and Mobile Marketing: HUD’s 1996 RESPA CLO Policy Statement Finally Refreshed

A new Consumer Financial Protection Bureau (“CFPB”) advisory opinion refreshes the Department of Housing and Urban Development’s computer loan origination system policy statement for a new generation of online marketing… more

Advertising, Consumer Financial Protection Bureau (CFPB), HUD, Marketing, Mortgages

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Gregory Vizza

Mainbrace: October 2018 (No. 3)

Note from the Vice Chair - Happy fall! As the seasons change, so do the issues confronting the maritime industry...or not. Over the past few years, several topics have consistently remained in the headlines and as a thorn in… more

Coast Guard, Cybersecurity, Department of Justice (DOJ), Federal Arbitration Act, Foreign Corrupt Practices Act (FCPA)

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Jonathan Waldron

Evolution of Offshore Wind and the Coastwise Laws

Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind… more

Customs and Border Protection, Jones Act, Offshore Wind, Outer Continental Shelf, Ports

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Samuel Walker

Coronavirus Guidance for the Real Estate Industry

This client alert is intended to highlight some issues facing landlords, tenants, lenders, borrowers, sellers, and buyers arising out of the coronavirus, known also as “COVID-19.” The legal landscape will likely change as courts… more

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

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Samantha Wallack

How to Address Coronavirus-Related Landlord-Tenant Issues

This client alert provides some concrete advice to landlords, building owners, and management companies of both commercial and residential buildings dealing with issues surrounding the coronavirus… more

Coronavirus/COVID-19, Infectious Diseases, Landlords, Tenants

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Alan Weigel

Developing Issues with Maritime Autonomous Surface Ships

The development of large autonomous merchant vessels, also known as Maritime Autonomous Surface Ships (“MASS”), has progressed at a significant pace with new vessels entering operation every year. Almost every maritime nation is… more

International Maritime Organization (IMO), Maritime Transport, Shipping, Vessels

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Gabrielle Weiss

Shining a Light on Pay: Understanding New Jersey’s New Transparency Mandate for Employers

On June 1, 2025, New Jersey’s Pay and Benefit Transparency Act (“the Act”) took effect, ushering in a new era of openness around pay and benefits for job applicants and employees. This law is part of a growing national movement… more

Compensation & Benefits, Corporate Counsel, Disclosure Requirements, Employee Benefits, Employee Rights

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Sean Weissbart

Business Entities Formed for Estate Planning Purposes Have FinCEN Filing Deadline of January 1, 2025

The Corporate Transparency Act (the “CTA”) imposes a new obligation on many business entities, including Limited Liability Companies, Limited Partnerships, and Corporations formed or registered to do business in the United… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Nicole Wentworth

Employers Await Supreme Court Decision on OSHA ETS Appeal

On Friday, January 7, 2022, the United States Supreme Court held oral argument on the Occupational Safety and Health Administration’s (“OSHA”) much-litigated “vaccinate or test” Emergency Temporary Standard (“ETS”). Absent… more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, OSHA, Popular

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Thomas Westle

Regulatory Update and Recent SEC Actions - July 2023

REGULATORY UPDATES - Recent SEC Leadership Changes - The Securities and Exchange Commission (the “SEC”) announced the appointment of Deborah J. Jeffrey as Inspector General effective May 7, 2023. Prior to this… more

Beneficial Owner, Broker-Dealer, Disclosure Requirements, Form PF, Investment Adviser

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Stephen Whelan

Leases (Fall 2023)

CASE LAW DEVELOPMENTS - This survey covers several 2022 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or… more

Equipment Lease, Leases, Uniform Commercial Code (UCC), Vicarious Liability

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Christopher Cody Wilcoxson

Name, Image, and Likeness: Five Months into the NCAA’s New Frontier

Five months into the NCAA interim policy allowing amateur athletes to profit from their name, image, and likeness, here is what institutions, athletes, parents, personal representatives, and brands need to know… more

College Athletes, Colleges, Educational Institutions, Name and Likeness, NCAA

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John Wixted

Coronavirus Guidance for Businesses: Commercial Arrangements, Contractual Performance and Force Majeure

As delays, closures, cancellations, workforce issues, states of emergency, and the World Health Organization’s declaration of “pandemic” caused by the reaction to the spread of COVID-19 (also known as the coronavirus) continue… more

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

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Russell Wong

USPTO Offers New Relief for Coronavirus-Caused Delays in Responding to Certain USPTO Communications

On Monday, March 16, 2020, the United States Patent and Trademark Office (“USPTO”) announced that it will consider the coronavirus pandemic to constitute an “extraordinary situation” within the meaning of the relevant patent and… more

Coronavirus/COVID-19, Infectious Diseases, Patents, Trademarks, USPTO

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Shawn Wright

The DOJ’s Newest Pilot Program on Compensation and Clawbacks: Executives and Employees Should Reap What They Sow

Employers will not be able to take full advantage of the DOJ’s new program if their compensation systems do not permit clawbacks from wrongdoer employees. Companies should review their existing compensation systems and consider… more

Clawbacks, Compliance, Corporate Misconduct, Department of Justice (DOJ), Executive Compensation

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Zachary Wyatte

BIMCO Adopts New Clauses and Contracts

New Development - The Baltic and International Maritime Council’s (“BIMCO”) Documentary Committee adopted several new clauses and contracts at its recent meeting held on January 25, 2021. Included were: (1) a new charter… more

Maritime Transport, Shipping, Shipping Cargo, Vessels

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Huaou Yan

A Conversation with Judge James T. Giles

Judge James T. Giles, who recently joined Blank Rome as of counsel, needs little introduction. After graduating from Amherst College in 1964 and Yale Law School in 1967, he began an illustrious career, first as a field attorney… more

Judges, Law Firm Partners

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Philip Yannella

The BR Privacy & Security Download: July 2025

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice… more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Allison Zamani

What’s Next with D&O and COVID-19 Coverage?

The principal focus in considering insurance coverage for COVID-19-related losses and liabilities has, thus far, primarily concerned business interruption coverage. But there are many other types of coverage that could come into… more

Business Interruption, Coronavirus/COVID-19, D&O Insurance, Infectious Diseases, Insurance Claims

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C.J. Zane

Preview of What’s to Come for Trump 2.0

The re-election of former president Donald Trump as the 47th President of the United States will have major implications for the key policy issues described below. Empowered by a Republican majority in both chambers, though… more

Continuing Resolution, Department of Transportation (DOT), Environmental Protection Agency (EPA), Renewable Energy, Tariffs

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Jared Zola

Transferring Risk Helps Relieve Leaders’ Biggest Fears

According to Aon’s 2022 Executive Risk Survey, which aggregates and examines responses to its annual international survey of C-suite leaders and senior executives in the U.S., the EU and the UK including 800 respondents at… more

Cyber Attacks, Cyber Insurance, Insurance Claims, Insurance Industry, Policy Exclusions

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Evan Jason Zucker

Must Foreign Debtors Have U.S. Property to be Eligible for Relief under Chapter 15?

Chapter 15 of the U.S. Bankruptcy Code provides a streamlined process for recognition (a form of comity) of a foreign insolvency proceeding. However, courts are divided as to whether a foreign debtor must satisfy the general… more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Corporate Counsel, Debtors

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Stephen Zumbrun

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th, 12:00 pm - 1:00 pm ET

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers… more

Acquisitions, Artificial Intelligence, Cartels, CIPA, Climate Change

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Jillian Zvolensky

A Look at the Friendly Foreclosure Option

When a debtor defaults on a loan secured by personal property, the secured lender has several options for repayment. One option is to sell the collateral securing the debt pursuant to Article 9 of the Uniform Commercial Code… more

Article 9, Buyers, Commercial Bankruptcy, Creditors, Debtors

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Naomi Zwillenberg

Recent FCPA Disclosure Highlights Risks at the U.S.-Mexico Border and Potential Agribusiness Probe

As 2018 came to an end, a voluntary disclosure to the U.S. Department of Justice ("DOJ") and the Securities and Exchange Commission (“SEC”) by U.S.-based agribusiness, CHS, Inc. (“CHS”), of potential violations of the Foreign… more

Anti-Corruption, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Mexico, Securities and Exchange Commission (SEC)

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