Blank Rome LLP

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One Logan Square
130 North 18th Street
Philadelphia, PA 19103-6998, United States
Phone: 215.569.5500
Fax: 215.569.5555
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • Illinois
  • New Jersey
  • New York
  • Ohio
  • Pennsylvania
  • Texas
Other Countries
  • China
Number of Attorneys
600+ Attorneys

[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 »

[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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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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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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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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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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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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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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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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The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima

When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair…more

Affirmative Action, Equal Protection, Federal Contractors, SBA, Small Business

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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

See all updates »

Time for Compliance with DOD’s Cybersecurity Regulations is NOW

On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research…more

Controlled Unclassified Information (CUI), Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

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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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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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Don’t Forget to Put SEC Cybersecurity Matters on Your Board Agenda This Fall!

The U.S. Securities and Exchange Commission (“SEC”) earlier this year adopted rules requiring public companies to provide enhanced disclosure of material cybersecurity incidents, as well as cybersecurity risk management,…more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Form 8-K, Popular

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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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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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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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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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$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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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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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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“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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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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COVID-19 Employer Return-to-Work Survey Results Show Emerging Strategies

As businesses turn their attention toward when and how to reopen their workplaces, Blank Rome’s Coronavirus Task Force launched our second employer survey asking our clients about key return-to-work topics. We received responses…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Workplace Safety

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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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EEOC Says Work-from-Home Not Guaranteed as Post-Pandemic Reasonable Accommodation

During the pandemic, many employers have permitted employees to work remotely/telework in an effort to slow the spread of COVID-19. As the incidence of the virus has subsided in certain geographic areas, employers have begun to…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation, Remote Working

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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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Two Sides to Every Story: When Is Extrinsic Evidence Relevant to Interpreting the Scope of a Contractor Release?

When is it appropriate to consider “extrinsic evidence” of the parties’ intent when interpreting a contractor’s release of claims? A new decision out of the Armed Services Board of Contract Appeals (“ASBCA”), Sonabend Company…more

Armed Services Board of Contract Appeals, Evidence, Federal Acquisition Regulations (FAR), Federal Contractors

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3 Takeaways from Recent U.S. Regulatory Actions Implementing AUKUS

As a next step in the U.S. government’s implementation of the trilateral AUKUS security pact with Australia and the United Kingdom (“UK”), the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) and the…more

Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Exports, ITAR

See all updates »

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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COVID-19 Effect on Commercial Landlord-Tenant Law: A 50 State Review and Practical Guide to Negotiating Lease Modifications

The widespread impact of the COVID-19 pandemic on the ability of businesses to continue operations in leased spaces should prompt landlords and tenants to have an open dialogue toward practical solutions. Because no current…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases

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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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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

See all updates »

The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Corporate Transparency Act Will Soon Impose New Disclosures to FinCEN

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) will impose a new obligation on many business entities formed or registered to do business in the United States to disclose their “beneficial owners” and…more

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

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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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OMB Embraces Government Use of Artificial Intelligence

Last month, the Office of Management and Budget (“OMB”) issued a memorandum directing federal agencies to adopt artificial intelligence (“AI”) and advance its use to inform and carry out agency actions. OMB’s new policy…more

Artificial Intelligence, Federal Contractors, OMB, Risk Management

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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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The FTC Won’t Let It Be: Non-Compete Ban Stirs Controversy

On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact of…more

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

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A Promise Is a Promise: The Enforceability of Charitable Pledges under New York Law

Charitable contributions are often utilized in estate planning to assist a client not only in supporting his or her favorite charities but also to reduce tax liabilities both during life and at death. However, before clients…more

Charitable Donations, Charitable Organizations, Estate Planning, Pledges

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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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U.S. DOJ and FMC Increase Focus on Antitrust Enforcement

The Biden administration recently announced a renewed enforcement focus on consolidation and alliances in the maritime industry that may hinder competition and increase prices. While federal agencies historically have worked…more

Antitrust Provisions, Competition, Criminal Penalties, Department of Justice (DOJ), Federal Maritime Commission

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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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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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More Cases and Expanded Data Analytics: A Closer Look at DOJ’s FY 2023 False Claims Act Statistics

The United States Department of Justice (“DOJ”) recently announced its statistics for False Claims Act (“FCA”) FY 2023 settlements and judgments. DOJ recovered $2.68 billion in FY 2023; as usual, the majority of these recoveries…more

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

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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

See all updates »

Estate Planning Provisions of the New Tax Plan

On Monday, September 13, 2021, the House Ways & Means Committee released a draft tax plan which provides the clearest direction to date on how Democrats intend to use the estate and gift tax regimes to pay for part of the…more

Estate Planning, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

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California’s Highest Court Confirms Lenders Owe No Duty to Borrowers to Process, Review, and Respond to Loan Modification Applications and Nixes Negligence Claim

Financial institutions, lenders, and servicers should take note that the California Supreme Court affirmed a Court of Appeal decision confirming there is no duty for a lender to “process, review and respond carefully and…more

Borrowers, Financial Institutions, Financial Services Industry, Lenders, Loan Modifications

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3 Takeaways from Recent U.S. Regulatory Actions Implementing AUKUS

As a next step in the U.S. government’s implementation of the trilateral AUKUS security pact with Australia and the United Kingdom (“UK”), the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) and the…more

Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Exports, ITAR

See all updates »

[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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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

See all updates »

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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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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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

See all updates »

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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3 Highlights from CFIUS Proposed Rule: Enhanced Penalties, Expanded Information Requests, and Mandatory Response Times

The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the…more

CFIUS, Foreign Investment, National Security, Proposed Rules, U.S. Treasury

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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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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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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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[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 »

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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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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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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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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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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Part 12: Amendments to Other CFTC Regulations to Account for Proposed Regulation §1.44

This post is the final installment of our multi-part series on CFTC Regulation §1.44, as proposed by the U.S. Commodity Futures Trading Commission (the “CFTC”) on February 20, 2024 (the “Proposed Rule”)…more

CFTC, Commodities, Futures Commission Merchants (FCMs), Proposed Regulation

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Eleventh Circuit Holds That Voicemails Are "Communications" and Clarifies "Meaningful Disclosure" under the FDCPA

Action Item: The Eleventh Circuit held that a first voicemail from a debt collector constitutes a “communication” based on a plain reading of the Fair Debt Collection Practices Act (“FDCPA”). In addition, in a case of first…more

Corporate Counsel, Debt Collection, Debt Collectors, FDCPA, Voicemail

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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

See all updates »

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

See all updates »

The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

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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3 Takeaways from Recent U.S. Regulatory Actions Implementing AUKUS

As a next step in the U.S. government’s implementation of the trilateral AUKUS security pact with Australia and the United Kingdom (“UK”), the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) and the…more

Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Exports, ITAR

See all updates »

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

See all updates »

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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Flow-Down Clauses: Best Practices

Federal government contractors and subcontractors often struggle with flow-down clauses. Fundamentally, prime and subcontractors squabble over flow-down clauses because they involve assumption of risk. A prime contractor has…more

Federal Acquisition Regulations (FAR), Federal Contractors, Flow Down Clause, Prime Contractor, Subcontractors

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

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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DOJ Axes Supplemental Environmental Projects in Civil Settlements

Earlier this month, the Department of Justice (“DOJ”) officially eliminated the use of “Supplemental Environmental Projects” in civil settlements. The once-popular settlement tool, commonly known as SEPs, allowed alleged…more

Department of Justice (DOJ), Environmental Protection Agency (EPA), Supplemental Environmental Project (SEP) Policy

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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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Big Brother Just Got Bigger: Expanded Pay Data Reporting Expected to Hit the Golden State

As our team has previously reported, California currently requires private employers with 100 or more employees, and who are required to file an annual EEO-1 report, to submit certain employee pay data to the state’s Civil…more

EEO-1, Employer Liability Issues, Governor Newsom, Pay Data, Reporting Requirements

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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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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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Is CCA 202352018 the Death of Irrevocable Trust Decantings?

For years, practitioners have freely used irrevocable trust decantings as a means to make various changes to irrevocable trusts without concern of giving rise to gift tax consequences. However, the Internal Revenue Service’s…more

Estate Planning, Estate Tax, Gift Tax, Irrevocable Trusts, IRS

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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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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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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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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)

See all updates »

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

See all updates »

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)

See all updates »

3 Highlights from CFIUS Proposed Rule: Enhanced Penalties, Expanded Information Requests, and Mandatory Response Times

The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the…more

CFIUS, Foreign Investment, National Security, Proposed Rules, U.S. Treasury

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Confronting Cognitive Abilities in Well-Rounded Estate Planning

Ask anyone how they would define “trusts and estates law” and the odds are the answer will uniformly focus on the act of making the plan as to who will receive a person’s assets when he or she dies…more

Beneficiaries, Estate Planning, Inheritance, Trusts

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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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South Carolina Legislature Severely Limits Department’s Ability to Force Companies to File Combined Returns

Since the South Carolina Supreme Court held in Media General Communications, Inc. v. South Carolina Department of Revenue, 694 S.E.2d 525 (S.C. 2010), that the Department of Revenue (“Department”) had the authority to allow…more

Department of Revenue, Income Taxes, State and Local Government, State Legislatures, State Taxes

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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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USPTO Deferred Subject Matter Eligibility Response Pilot Program Appears to Benefit Applicants

t is a basic truism in patent law that the scope of patent claims can change during the course of prosecution. Current examination guidelines require an examiner to identify all applicable grounds of rejection in a first office…more

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

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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

See all updates »

The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

“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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FAR Council Issues Final Rule on Sustainable Products & Services

As part of the Biden administration’s effort to use federal purchasing power to tackle climate change, the FAR Council issued a final rule, effective May 22, 2024, requiring agencies to procure “sustainable products and…more

Climate Change, Federal Acquisition Regulations (FAR), Federal Contractors, Sustainability

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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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[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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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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Ohio Supreme Court Finds Federal Due Process Limitations Do Not Apply to Intrastate Taxation

During the COVID-19 pandemic, many states enacted legislation trying to minimize the negative impact that the pandemic was having on state and local government budgets. It is in the context of the unprecedented circumstances of…more

State and Local Government, State Budgets, State Taxes

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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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Guidance for a New Regulatory Landscape

With the Biden administration taking shape in Washington, D.C., and Democrats now fully in control of Congress, the federal government will have a renewed focus on legal and regulatory enforcement. This will both free up…more

Biden Administration, Regulatory Oversight, State Attorneys General

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EPA Issues Supplemental Notice of Proposed Ruling to Implement the Vessel Incidental Discharge Act, Finally!

The U.S. Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“SNPR”) on October 18, 2023, modifying its initial proposed rule from three years ago on performance standards for vessel…more

Ballast Water Management, Clean Water Act, Environmental Protection Agency (EPA), Maritime Transport, Vessels

See all updates »

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 »

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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CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability…more

Commercial General Liability Policies, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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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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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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Estate Planning for the Business Owner Series, Part 3: Examples of Business Transfers and Valuations

The purpose of this post, part three of our “Estate Planning for the Business Owner” series, is to provide a sample using real numbers showing the impact and benefit of using closely held business interests in lifetime gifting…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Income Taxes

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The FTC Won’t Let It Be: Non-Compete Ban Stirs Controversy

On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact of…more

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

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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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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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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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DOD Finalizes Rule Concerning Domestic Content Preference

On February 15, the Department of Defense (“DOD”) finalized a rule amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to supplement the Federal Acquisition Regulation (“FAR”) implementation of Executive…more

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

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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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Two Sides to Every Story: When Is Extrinsic Evidence Relevant to Interpreting the Scope of a Contractor Release?

When is it appropriate to consider “extrinsic evidence” of the parties’ intent when interpreting a contractor’s release of claims? A new decision out of the Armed Services Board of Contract Appeals (“ASBCA”), Sonabend Company…more

Armed Services Board of Contract Appeals, Evidence, Federal Acquisition Regulations (FAR), Federal Contractors

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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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In Order No. 2023, FERC Takes Step in Reforming Transmission Grid Policies by Enacting Generator Interconnection Reforms

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) unanimously approved Order No. 2023,[1] a Final Rule designed to streamline the process by which generation resources can connect to the…more

Electricity, Energy Sector, FERC, Interconnections, Transmission Grid

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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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[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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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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Recent Rulings and Regulations Equals Recognition: Progress in the Litigation Finance Industry

Recent rulings and regulations addressing litigation finance are the best indicators that courts and States are finally catching up to a booming third-party litigation finance industry. Complex commercial litigation typically…more

Disclosure Requirements, Litigation Fees & Costs, Litigation Funding, Popular, Third Party Funding

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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 »

U.S. Supreme Court Grants Companies the Right to Sue Unions for Intentional Property Damage Resulting from Labor Strikes

On June 1, 2023, the Supreme Court of the United States issued an 8-1 opinion in Glacier Northwest, Inc. v. Teamsters, finding that conduct intentionally undertaken to cause damage to the employer’s property, or the failure to…more

Glacier Northwest v International Brotherhood of Teamsters, NLRA, Property Damage, SCOTUS, Strike

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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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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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EPA Issues Final PFAS National Primary Drinking Water Regulation

On April 10, 2024, the Environmental Protection Agency (“EPA”) finalized the National Primary Drinking Water Regulation (“NPDWR”) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS, also known as “forever chemicals,” are…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Commerce’s Updated Antidumping and Countervailing Duty Regs Bring Pros and Cons

On Monday, March 25, 2024, the U.S. Department of Commerce (“Commerce”) issued extensive updates to its antidumping (“AD”) and countervailing duty (“CVD”) regulations, to take effect April 24, 2024. These changes will enhance…more

Anti-Dumping Duty, Countervailing Duties, Exports, Imports, U.S. Commerce Department

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The BR Privacy & Security Download: April 2024

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

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

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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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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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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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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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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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60-Second Sustains: Criterion Corporation

Criterion Corporation - B-422309 - • In Air Force procurement for base operations support services, the Agency had eliminated the protester from consideration for award on the basis that its proposed price was…more

Bid Protests, Federal Contractors, GAO

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What’s Shaking: Blank Rome State + Local Tax Roundup - April 2024

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys believe…more

Sales & Use Tax, Sales Tax, SALT, State Taxes

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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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More Cases and Expanded Data Analytics: A Closer Look at DOJ’s FY 2023 False Claims Act Statistics

The United States Department of Justice (“DOJ”) recently announced its statistics for False Claims Act (“FCA”) FY 2023 settlements and judgments. DOJ recovered $2.68 billion in FY 2023; as usual, the majority of these recoveries…more

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

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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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Commerce’s Final Circumvention Determination Concerning Solar Cells and Modules from China

The U.S. Department of Commerce (“Commerce”) recently issued its final determination in its circumvention investigation concerning whether crystalline silicon photovoltaic (“CSPV”) cells and modules from Cambodia, Malaysia,…more

Anti-Dumping Duty, China, Countervailing Duties, Exports, Imports

See all updates »

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 »

3 Highlights from CFIUS Proposed Rule: Enhanced Penalties, Expanded Information Requests, and Mandatory Response Times

The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the…more

CFIUS, Foreign Investment, National Security, Proposed Rules, U.S. Treasury

See all updates »

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

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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 »

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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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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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

See all updates »

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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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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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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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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Commerce’s Final Circumvention Determination Concerning Solar Cells and Modules from China

The U.S. Department of Commerce (“Commerce”) recently issued its final determination in its circumvention investigation concerning whether crystalline silicon photovoltaic (“CSPV”) cells and modules from Cambodia, Malaysia,…more

Anti-Dumping Duty, China, Countervailing Duties, Exports, Imports

See all updates »

The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

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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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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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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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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New York ALJ Rejects Division of Taxation’s Attempt to Change Its Theory of Liability after the Hearing

A New York State Administrative Law Judge (“ALJ”) recently rejected an attempt by the Division of Taxation (“Division”) to change its theory of liability after the record was closed, raising its new theory of liability for the…more

Administrative Law Judge (ALJ), Sales & Use Tax, Sales Tax, State Taxes, Tax Liability

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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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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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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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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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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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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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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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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

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Risks Attendant to U.S. Rule B Alter-Ego Vessel Seizures

A recent wave of vessel seizures premised on alter-ego theories has swept through various U.S. federal courts. These cases present significant risks for vessel owners and ship managers, even if the underlying claims are…more

Maritime Transport, Shipping, Vessels

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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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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

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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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Pennsylvania Plans to Join the RGGI CO2 Cap-and-Trade Program

At the outset of 2019, Pennsylvania Governor Tom Wolf set a goal for Pennsylvania to significantly reduce greenhouse gas emissions. Now, Governor Wolf plans to achieve that goal by taking the bold step to establish a carbon…more

Cap-and-Trade, Carbon Emissions, Department of Environmental Protection, Greenhouse Gas Emissions, Power Plants

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[Webinar] LOOK AHEAD: Recipe for Re-Launch - A women’s salon hosted by Lois J. Liberman - March 2nd, 4:00 pm - 5:30 pm ET

It’s safe to say that we are all ready to redefine and re-launch at least one aspect of our lives. For many divorced and divorcing women, this means taking deliberate steps to freshen and polish your personal style, image, and…more

Divorce, Marriage, Spouses, Webinars

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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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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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A Different Kind of IPO: Going “Public” with Your Private Foundation

Many philanthropically minded clients have established their own private foundations to support charitable causes they believe in now, and to serve as a vehicle for giving for future generations of their family. While many…more

IRS, Private Foundations, Public Charities

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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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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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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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Sackett v. EPA: SCOTUS Clarifies “the Waters of the United States” and Narrows the Reach of the Clean Waters Act

On May 25, 2023, the Supreme Court of the United States (“SCOTUS”) issued a decision, Sackett v. EPA, which dramatically curtailed the Environmental Protection Agency’s (“EPA”) authority to regulate certain wetlands under the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett, Sackett v EPA

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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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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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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

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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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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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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

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California’s Highest Court Confirms Lenders Owe No Duty to Borrowers to Process, Review, and Respond to Loan Modification Applications and Nixes Negligence Claim

Financial institutions, lenders, and servicers should take note that the California Supreme Court affirmed a Court of Appeal decision confirming there is no duty for a lender to “process, review and respond carefully and…more

Borrowers, Financial Institutions, Financial Services Industry, Lenders, Loan Modifications

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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

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More Cases and Expanded Data Analytics: A Closer Look at DOJ’s FY 2023 False Claims Act Statistics

The United States Department of Justice (“DOJ”) recently announced its statistics for False Claims Act (“FCA”) FY 2023 settlements and judgments. DOJ recovered $2.68 billion in FY 2023; as usual, the majority of these recoveries…more

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

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EPA Issues Supplemental Notice of Proposed Ruling to Implement the Vessel Incidental Discharge Act, Finally!

The U.S. Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“SNPR”) on October 18, 2023, modifying its initial proposed rule from three years ago on performance standards for vessel…more

Ballast Water Management, Clean Water Act, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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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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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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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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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

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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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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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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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Time for Compliance with DOD’s Cybersecurity Regulations is NOW

On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research…more

Controlled Unclassified Information (CUI), Cybersecurity, Department of Defense (DOD), DFARS, False Claims Act (FCA)

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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

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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

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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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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

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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

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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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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)

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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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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

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Mainbrace: January 2017 (No. 1)

As we launch into a new year, uncertainty remains the word of the day. Whatever your political leanings, it would be hard to dispute that the inauguration of the Trump administration augurs change on many fronts, from shifting…more

Ballast Water Management, Bid Protests, Coast Guard, Customs and Border Protection, Cybersecurity

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What’s Shaking: Blank Rome State + Local Tax Roundup - April 2024

Blank Rome’s nationally prominent State + Local Tax attorneys are thought leaders in the community as frequent guest speakers at various local and national conferences throughout the year. Our State + Local Tax attorneys believe…more

Sales & Use Tax, Sales Tax, SALT, State Taxes

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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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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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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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 »

Understanding Residency and Domicile in Determining State Income Taxation

State income taxes play a prominent role in overall tax planning for individuals. A change of residence/domicile from a higher-tax state to a lower- (or no-) tax state is often considered when contemplating retirement or the…more

Income Taxes, State Taxes, Tax Liability, Tax Planning, Tax Returns

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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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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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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

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The BR International Trade Report: April 2024

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, trends, and laws impacting…more

Bureau of Industry and Security (BIS), Export Controls, Exports, Imports, U.S. Commerce Department

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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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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

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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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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

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The FTC Won’t Let It Be: Non-Compete Ban Stirs Controversy

On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact of…more

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

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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

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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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Protecting Your Family Matters Newsletter: Spring 2024

The Counseling Stigma. Breaking Away and Rising Above. Change is not only part of our life’s journey; it is the journey. Relationships, the experience of going through a divorce, and certainly our existence post-divorce are…more

Child Custody, Divorce, Marriage, Spouses

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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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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

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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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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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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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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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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

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3 Takeaways from Recent U.S. Regulatory Actions Implementing AUKUS

As a next step in the U.S. government’s implementation of the trilateral AUKUS security pact with Australia and the United Kingdom (“UK”), the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) and the…more

Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Exports, ITAR

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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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Finally!? DOL Cranks Up Exempt Salary Threshold Near $60,000

We’ve all known this day was coming—it was just a matter of time. From the moment the Biden Department of Labor (“DOL”) announced that the Trump DOL’s 2020 increase to the Fair Labor Standards Act salary threshold for the…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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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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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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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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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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Paid Family Leave Is Coming to Delaware

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, which will make Delaware the 11th state in the country to offer paid family leave when the law goes into effect. Starting in 2026, the new…more

Employer Liability Issues, Paid Leave, State Labor Laws, Wage and Hour

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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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Third Circuit Adopts New “Reasonable Reader” Standard and Holds Reporting Consumers’ Pay Status as Past Due with $0 Balance After Transfer Did Not Violate the Fair Credit Reporting Act

In this article, the authors examine a recent decision by the U.S. Court of Appeals for the Third Circuit finding that reporting a delinquent pay status with a zeroed-out balance where a past due account has been transferred is…more

Credit Reporting Agencies, Credit Reports, Creditors, Fair Credit Reporting Act (FCRA), TransUnion

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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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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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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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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

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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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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Secure 2.0: Congress Enacts Wide-Ranging Changes to 401(k) and 403(b) Plans

As part of its mammoth 2022 year-end spending bill, Congress passed Secure 2.0, which makes dozens of modifications to the laws governing retirement savings. These revisions, almost all of which were driven by concerns that…more

401k, 403(b) Plans, Employee Benefits, Required Minimum Distributions, Retirement Plan

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

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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New York State Department of Financial Services Proposes More Changes to Its Cybersecurity Requirements

In this article, the authors discuss a second amendment proposed by the New York State Department of Financial Services to its Cybersecurity Requirements for Financial Services Companies. The New York State Department of…more

Banking Sector, Cybersecurity, Financial Institutions, Financial Services Industry, NYDFS

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“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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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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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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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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Commerce’s Updated Antidumping and Countervailing Duty Regs Bring Pros and Cons

On Monday, March 25, 2024, the U.S. Department of Commerce (“Commerce”) issued extensive updates to its antidumping (“AD”) and countervailing duty (“CVD”) regulations, to take effect April 24, 2024. These changes will enhance…more

Anti-Dumping Duty, Countervailing Duties, Exports, Imports, U.S. Commerce Department

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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

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

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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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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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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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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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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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

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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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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)

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Cruise Industry Compliance Tips: Enhancing the Traveler Experience with Facial Recognition

In the past few years, the commercial use of facial recognition technology has advanced at an explosive rate, expanding into numerous industries and trades. For instance, facial biometrics is increasingly relied on by airlines…more

Biometric Information, Biometric Information Privacy Act, Cruise Ships, Data Collection, Data Privacy

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3 Tips to Reduce False Claims Act Exposure in the Wake of United States ex rel. Schutte v. SuperValu, Inc.

2023 is shaping up to be a major year in False Claims Act (“FCA”) practice, with the Supreme Court weighing in on both FCA scienter (in SuperValu) and the reach of the government’s dismissal authority (in Polansky), and the…more

False Claims Act (FCA), Federal Contractors, SCOTUS, US ex rel Tracy Schutte et al v SuperValu Inc et al

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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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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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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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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

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Arkansas Supreme Court Finds Auto Dealerships Liable for Sales Tax When They Provide Vehicles for Their Employees’ Use

A recent decision from Arkansas’ highest court reversed a circuit court decision and found that when auto dealerships allowed employees and their families to use vehicles, it subjected the dealerships to sales tax, despite the…more

AR Supreme Court, Automotive Industry, Car Dealerships, Sales Tax, State Taxes

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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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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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Microsoft Prevails in California Dispute on Inclusion of Gross Foreign Dividends in Apportionment Formula

In a decision that may have significant repercussions regarding apportionment for California corporate tax purposes, the California Office of Tax Appeals (“OTA”) has denied the Franchise Tax Board’s (“FTB”) petition for a…more

Controlled Foreign Corporations, Franchise Tax Board, Franchise Taxes, Tax Appeals

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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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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

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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

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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

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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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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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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

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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

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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

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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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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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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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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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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

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The BR Privacy & Security Download: May 2024

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

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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Supreme Court Limits EPA’s Authority under the Clean Air Act

After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from…more

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

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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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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

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SBA Guaranty Purchases and Lender Servicing Responsibilities for PPP Loans

The U.S. Small Business Administration (the “SBA”) recently issued important new guidance (SBA Procedural Notice 5000‑812316, SBA Guaranty Purchases and Lender Servicing Responsibilities, effective July 15, 2021 (the “SBA…more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA, Small Business

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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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Chevron Deference in Its Last Days?

In recent years, a string of cases has been brought before the Supreme Court of the United States (“SCOTUS”) challenging the Chevron doctrine, which states that courts should defer to a federal agency’s interpretation of an…more

Chevron Deference, FERC, PURPA, SCOTUS

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New U.S. Russia Sanctions Target Financial Support of Military-Industrial Base and Expand Ban of Seafood Imports

The Biden Administration recently issued the latest round of U.S. sanctions against Russia, focusing on (1) secondary sanctions applicable to foreign financial institutions (“FFIs”) that engage in certain transactions in support…more

Economic Sanctions, Executive Orders, Foreign Financial Institutions (FFI), Foreign Policy, Foreign Relations

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[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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Federal Circuit Provides Guidance on How Design Patent Claims Should Be Construed: Words Are Limiting and Should Not Be Ignored

According to a recent decision of the U.S. Court of Appeals for the Federal Circuit, the words of a U.S. design patent claim can limit the scope of the claimed design, and should not be ignored in the claim construction process…more

Design Patent, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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The Hunstein Effect: Examining the Eleventh Circuit’s Ruling and What’s Next for Debt Collectors and Their Third-Party Service Providers the Reach of Its Creditors

The U.S. Court of Appeals for the Eleventh Circuit has delivered a novel and highly consequential interpretation of the Fair Debt Collection Practices Act that is potentially transformative for debt collectors and their…more

Creditors, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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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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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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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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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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Estate Planning Provisions of the New Tax Plan

On Monday, September 13, 2021, the House Ways & Means Committee released a draft tax plan which provides the clearest direction to date on how Democrats intend to use the estate and gift tax regimes to pay for part of the…more

Estate Planning, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

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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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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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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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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 »

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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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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Don’t Wait until Next Year to Make Your Gift!

Any estate planning attorney will tell you that certain years stick out in their professional lives more than others. Here are some recent examples..…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Tax Exemptions

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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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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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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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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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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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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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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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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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CFPB Looks to Expand Its Oversight of Nonbanks through Two Controversial New Registries

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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